Skip to main content

Decision No. 13,145

Appeal of MYRA S. VAUGHN, GARY SCHAEFER, CONSTANCE KELLEY, and ELIZABETH VOGEL from action of the Board of Education of the Eastport Union Free School District regarding personnel actions.

Decision No. 13,145

(April 5, 1994)

Smith, Finkelstein, Lundberg, Isler & Yakaboski, Esqs., attorneys for petitioners, Gair G. Betts, Esq., of counsel

Dranitzke, Lechtrecker & Trabold, Esqs., attorneys for respondent, Harold G. Trabold, Esq., of counsel

SOBOL, Commissioner.--Petitioners are members (Vaughn, Schaefer, and Vogel) and a former member (Kelley) of the Board of Education of the Eastport Union Free School District. They appeal actions taken by the current board of education at its meetings on July 6 and July 12, 1993, when the board voted to rescind certain resolutions with respect to school district personnel taken by the former board of education on June 25, 1993. The appeal must be dismissed.

The facts of this appeal are set forth in Appeal of Dillon, (33 Ed Dept Rep , Decision No. 13,143, dated April 5, 1994).

Petitioners seek to represent the interests of certain school district personnel who received contract extensions or appointments by the outgoing board on June 25, 1993. It has been held on many occasions that mere status as a board member, resident or parent does not, in and of itself, confer capacity to seek judicial review of the actions of a board of education with respect to its employees (Matter of Diodati, 72 St Dept Rep 32; Matter of Szymczak, 6 Ed Dept Rep 112; Matter of Cheeseman, 9 id. 17; Matter of Fritz, 9 id. 56; Matter of Meek, 9 id. 79; Matter of Brown, 11 id. 44; Matter of Loiacono, 11 id. 270; Matter of Rainsford, 12 id. 49; Matter of Tilles, 14 id. 418; Appeal of Spadone and Rojek, 25 id. 9). Since petitioners seek to assert rights possessed by certain administrators and teachers, petitioners lack standing to bring this appeal.