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Decision No. 12,699

Appeal of CAROLYN ROBERTSON for the removal of Daniel Greenwald from his position as a member of the Board of Education of the Lindenhurst Union Free School District.

Decision No. 12,699

(May 12, 1992)

Cooper, Sapir & Cohen, P.C., attorneys for respondent, Robert E. Sapir, Esq., of counsel

SOBOL, Commissioner.—-Petitioner, a resident of the Lindenhurst Union Free School District, seeks an order pursuant to Education Law " 306 removing respondent from the board of education of that district. The application must denied.

At its July 22, 1991 meeting, the Board of Education of the Lindenhurst Union Free School District announced that in executive session, the superintendent had submitted his resignation, effective September 30, 1991, rather than comply with a board directive. That announcement created a commotion among the public attending the meeting. At that point, respondent revealed that he was aware of other occasions when the superintendent had threatened to resign. While respondent was speaking, he was advised by another board member that respondent was improperly disclosing confidential material discussed at an executive session.

Petitioner contends that respondent, in making the above-noted statement, breached his duty as a board member by disclosing confidential information acquired in the course of his official duties. Such disclosures are prohibited by the provisions of General Municipal Law " 805-a(1)(b) and the school district’s code of ethics adopted pursuant to General Municipal Law " 806.

The facts and issues raised by petitioner in this appeal are the same as those raised against respondent in Application of Scala, 31 Ed Dept Rep 159. In light of the fact that this appeal raises the same facts and issues, this application is denied for the reasons set forth in Application of Scala, supra.

Respondent alleges that he has complied with Education Law " 3811 and requests that I certify that he acted in good faith with respect to the exercise of his powers and duties in connection with this application, for the purpose of obtaining reimbursement from the district for his legal expenses. Because this application is denied and respondent has complied with Education Law " 3811, I certify that respondent acted in good faith.