Petitioner complained and cited other alleged defects in the April 15th notice concerning the notice to fill an unexpired term of a former board member and the final date for the district to receive nominating petitions. This appeal ensued. Petitioner's request for a stay of the annual election and vote pending my determination of the merits of his appeal was denied. Petitioner alleges that respondent wilfully excluded the statutorily prescribed proposition on board size from its annual meeting notice and that such exclusion constitutes a basis for removal from office. Petitioner also alleges that his civil rights were violated by respondent.
Petitioner seeks compensatory damages plus costs.
Respondent contends that petitioner lacks standing to bring the instant action because he is not a resident of the district. Respondent also contends that petitioner has not demonstrated any wilful violation or neglect of duty by respondent board. Respondent notes that the Commissioner does not have jurisdiction to address petitioner's Open Meetings Law allegations, civil rights violations, nor his request for compensatory damages. Prior to considering the merits, I must address the procedural issue. Respondent raises the affirmative defense that petitioner is not a resident of the district and lacks standing to bring this action.