Because the applications are based on the same facts, they are consolidated for decision. The applications must be denied. Petitioner alleges that respondents violated their duties as trustees by disseminating allegedly deceptive information concerning the 1997-98 school district budget. Petitioner also alleges that respondent Caputo violated his duties as trustee by improperly revealing matters discussed by the board of education in executive session. Petitioner requests that I either fine, suspend or remove respondents from their positions as board trustees.
Respondents deny petitioner's allegations and raise several affirmative defenses.
Respondents contend that the applications are untimely, that the petitions each fail to contain a clear and concise statement of petitioner's claim showing that petitioner is entitled to the relief sought, that petitioner lacks standing to bring the appeals, that petitioner has failed to properly serve respondents, that petitioner has failed to join the other board trustees as necessary parties, that petitioner has failed to verify the petition, and that the petitions are moot. Section 275.16 of the Regulations of the Commissioner of Education requires that an appeal be instituted within 30 days from the making of the decision or the performance of the act complained of. Petitioner also alleges that respondent may have improperly disclosed information from an executive session of the board to the press. Therefore, such act had to have occurred sometime prior to May 21, 1997. Petitioner does not include in her applications a copy of the newspaper article or any of the other evidence referred to in the attorney's letter.