Petitioner asks that her delay be excused because a complete board schedule of the August 7 action was not available to the public until formally approved by a majority of the board on October 2, 1991. However, the action she complains of consisted of public discussion and a vote on the record in the course of a regular meeting of the board. Approval of the minutes at a later meeting did nothing to extend the time by which such actions should be challenged. Therefore, the appeal is dismissed as untimely. The application would have been dismissed on the merits as well.
Petitioner fails to establish wilful misconduct by respondent.
Petitioner contends that respondent wilfully violated Education law ' 3016 and the board's ethics policy in failing to inform the board at the August 7 meeting that a two-thirds majority vote of the board was required to reinstate his daughter. Section 3016 precludes a board from employing persons related to a board member by blood or marriage, except with the consent of two-thirds of the board. Respondent contends, however, that ' 3016 is not applicable because the board's August 7 vote was not to employ his daughter, but to fulfill a legal employment obligation to her that predated his membership on the board. If an office or position is abolished or if it is consolidated with another position without creating a new position, the person filling such position at the time of its abolishment or consolidation shall be placed upon a preferred eligible list of candidates for appointment to a vacancy that then exists or that may thereafter occur in an office or position similar to the one which such person filled without reduction in salary or increment, provided the record of such person has been one of faithful, competent service in the office or position he has filled. The persons on such preferred list shall be reinstated or appointed to such vacancies in such corresponding or similar positions in the order of their length of service in the system at any time within seven years from the date of abolition or consolidation of such office or position.