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Decision No. 15,917

Appeal of RONALD S. MILLER from action of the Board of Education of the City School District of the City of Lackawanna regarding the appointment of a custodian.

Decision No. 15,917

(May 8, 2009)

Richard S. Juda, Jr., Esq., attorney for respondent

MILLS, Commissioner.--Petitioner challenges certain actions of the Board of Education of the City School District of the City of Lackawanna (“respondent”) dealing with the appointment of a custodian.  The appeal must be dismissed.

Petitioner, a member of respondent board, alleges that respondent violated its policies and the Civil Service Law when it appointed Timothy Gross as a custodian on December 17, 2008.  Petitioner requests that Timothy Gross be removed and that David Parker be appointed to the position.

Respondent alleges, among other things, that petitioner failed to name necessary parties.

The petition must be dismissed for failure to join Mr. Gross as a necessary party.  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 G.H.L., 46 Ed Dept Rep 571, Decision No. 15,598; Appeal of Doe, 46 id. 483, Decision No. 15,571; Appeal of Johnson, 46 id. 432, Decision No. 15,555).  Joinder requires that an individual be clearly named as a respondent in the caption and served with a copy of the notice of petition and petition to inform the individual that he or she should respond to the petition and enter a defense (Appeal of G.H.L., 46 Ed Dept Rep 571, Decision No. 15,598; Appeal of Doe, 46 id. 483, Decision No. 15,571; Appeal of Johnson, 46 id. 432, Decision No. 15,555).  Petitioner seeks to remove Mr. Gross, but did not serve him with a copy of the petition, nor did he name him as a respondent.  The appeal must, therefore, be dismissed for failure to join a necessary party.

In light of this disposition, I need not address the parties’ remaining contentions.

THE APPEAL IS DISMISSED.

END OF FILE