In response, respondent board directed its attorney to investigate petitioner's allegations. Petitioner commenced this appeal on May 21, 1998. Balen acted unlawfully and inappropriately. Petitioner further requests that respondent Balen be removed from the board and that Jason be allowed to complete the program. Respondents maintain that the petition must be dismissed because of defects in form, notice and service.
Respondents also maintain that the appeal is untimely.
The appeal must be dismissed as untimely. Petitioner argues that she never received a written response from respondent board and that the report drafted by the board's attorney still left major issues for resolution. However, a close reading of the report reveals that it clearly states conclusions which respondent board voted to receive and file. There is no evidence to indicate that this action was done at the direction of respondent Balen. Any 'recommendations' made by respondent Balen were neither binding on administrative personnel nor illegal.