The application must be dismissed. Petitioners allege three specific incidents of misuse of and failure to protect public funds by respondents. Petitioners contend that respondents permitted a waste of public funds by failing to account for and recover the funds allegedly misused by the employee. Respondents assert that there is no documentation in the employee's personnel record which would lead to a finding of misuse of taxpayer funds or equipment, that respondent board accepted the employee's resignation by resolution dated January 1998, and that the former employee is a necessary party to this proceeding. The Department issued its audit report on August 4, 1997.
Respondents raise several procedural objections.
First, respondents object to the reply filed by petitioners, but ask that I consider their sur-reply if accepted. Petitioners' reply responds to defenses raised by respondents, but also contains additional facts in support of their contentions in the petition. Accordingly, I have not considered the sur-reply filed by respondents. Petitioners commenced this proceeding by service on March 11 and 18, 1998. Petitioners do not argue that they were unable in good faith to discover the facts underlying the claim until the 30-day period prior to commencing this application.