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Decision No. 14,312

Appeal of JOHN THOMAS McANDREW from action of the Board of Education of the City School District of the City of Port Jervis regarding the election of delegates to the annual convention of the New York State Teachers' Retirement System.

Decision No. 14,312

(February 25, 2000)

Cuddeback & Onofry, attorneys for respondent, Robert A. Onofry, Esq., of counsel

MILLS, Commissioner.--Petitioner, a teacher employed by the Board of Education of the City School District of the City of Port Jervis ("respondent"), appeals respondent's refusal to conduct a new election for delegates to the New York State Teachers' Retirement System annual convention ("convention"). The appeal must be dismissed.

On April 22, 1999, respondent held an election to select one delegate and one alternate for the convention. The ballot presented two choices: a vote could be cast for the delegate/alternate choice of petitioner and Ray Holyk or the delegate/alternate choice of Dennis Springer and Brian Seeber. At the conclusion of the election, Mr. Springer and Mr. Seeber were elected as delegate and alternate. Thereafter, respondent's superintendent invalidated the April 22 election due to certain election irregularities. Another election was held on May 5, 1999 and Mr. Springer and Mr. Seeber were again declared winners. Petitioner requested a new election. Respondent refused petitioner's request, and this appeal ensued.

Petitioner alleges that the district treated him in an arbitrary, capricious and discriminatory manner. He further alleges respondent's superintendent improperly discussed election issues with the other candidate and abused his authority and discretion in the conduct of the election. Finally, petitioner contends that the procedures for the May 5, 1999 election were inadequate and unfair. Petitioner requests that I invalidate the May 5, 1999 election and order a new election.

Respondent contends that the appeal should be dismissed because petitioner fails to state a claim upon which relief can be granted. Respondent further contends that the district properly conducted the May 5, 1999 election.

The appeal must be dismissed for failure to join Mr. Springer and Mr. Seeber as parties to this proceeding. A party whose rights would be adversely affected by a determination of an appeal in favor of a petitioner is a necessary party and must be joined as such (Appeal of Houghton, 38 Ed Dept Rep 777, Decision No. 14,141). A new election would clearly affect the rights of the successful candidates, neither of whom have been joined. Accordingly, the appeal must be dismissed.

THE APPEAL IS DISMISSED.

END OF FILE