Decision No. 18,215
Appeal of the BOARD OF EDUCATION OF THE STARPOINT CENTRAL SCHOOL DISTRICT regarding an election.
Decision No. 18,215
(December 7, 2022)
Webster Szanyi LLP, attorneys for petitioner, Marnie E. Smith, Esq., of counsel
ROSA., Commissioner.--Petitioner, the Board of Education of the Starpoint Central School District (the “board”) seeks an order pursuant to Education Law § 2037 enabling the board to correct an error regarding member Chad Shepherd’s term of office. The appeal must be sustained.
The Starpoint Central School District is governed by a board of education consisting of nine members. Each member is elected to a three-year term. Board member elections are staggered such that three members are elected each year in accordance with Education Law § 1804 (2).
On May 17, 2022, the board held its annual meeting and election to fill three board seats. The board indicated that two seats were for three-year terms while one seat was for a two-year term. The two candidates with the highest number of votes were seated for three-year terms. Chad Shepherd, the candidate receiving the third most votes, was seated for the two-year term. Subsequently, the board realized that it had been mistaken and that Mr. Shepherd should have been appointed to a three-year term.
The board brings this appeal to confirm that Mr. Shepherd is entitled to a three-year term as a member of the board of education.
Pursuant to Education Law § 2037, I have the authority to decide “[a]ll disputes concerning the validity of any district meeting or election or of any of the acts of the officers of such meeting or election.” The record before me establishes that respondent inadvertently appointed Mr. Shepherd to a two-year term. In the interest of justice, I find that this error must be rectified by confirming that Mr. Shepherd is entitled to a three-year term (see Appeal of the Bd. Of Educ. of the Gilbertsville-Mount Upton Cent. Sch. Dist., 59 Ed Dept Rep, Decision No. 17,836).
THE APPEAL IS SUSTAINED.
IT IS ORDERED that Chad Shepherd be declared the winner of a full three-year term of service on the Board of Education of the Starpoint Central School District, to end on June 30, 2025.
END OF FILE