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An individual whose rights could be affected by a decision by the Commissioner of Education must be named as a necessary party to the action

An individual whose rights could be affected by a decision by the Commissioner of Education must be named as a necessary party to the action
Appeal of Douglas Williams from action of the Board of Education of the North Colonie Central School District regarding an employment matter, Decisions of the Commissioner of Education, Decision No. 15,879

Douglas Williams challenged the determination of the Board of Education of the North Colonie Central School District to reinstate Timothy Bonk as its Director of Facilities following the completion of his ?disciplinary suspension.?

Timothy Bonk, the district?s Director of Facilities, was served with disciplinary charges pursuant to Section 75 of the Civil Service Law. He and the District agreed to a ?last chance? settlement of the charges, which provided for Mr. Bonk?s suspension for a period of time.

Objecting to the school board?s decision concerning Bonk?s employment by the school district made at a public meeting of the board, Williams asked the Commissioner to investigate a number of issues in an effort to have the Commissioner nullify the board?s action.

The Commissioner dismissed Williams? appeal as untimely as appeal was filed more than 30 days after the board made its decision without explanation for the delay.

However, the Commissioner also noted that had the appeal been timely filed it would have been dismissed on other procedural grounds. Williams had failed to join a necessary party to the appeal, in this case Timothy Bonk.

If an individual?s rights would be adversely affected by a determination of an appeal, that individual is a necessary party and must be joined in the action. Joinder, said the Commissioner, requires that the individual be clearly named as a respondent in the caption of the appeal and served with a copy of the notice of petition and petition in order to inform the individual of the pending action and that he or she may respond to the petition and enter a defense.

As Bonk?s rights could be adversely affected by the Commissioner's determination on the merits of Williams' appeal, he was a necessary party in this action.

The full text of the Commissioner?s ruling is posted on the Internet at:http://www.counsel.nysed.gov/Decisions/volume48/d15879.htm

Full post as published by New York Public Personnel Law on March 05, 2009 (boomark / email).