Decision No. 12,802

(September 15, 1992)

Scott and Hoyt, Esqs., attorneys for respondent, Julius Larkin Hoyt, Esq., of counsel

SOBOL, Commissioner.--Petitioner appeals from respondent's action in posting public notice of meetings of the board of education on a bulletin board behind a receptionist's desk in the district's Administration Building. The appeal must be dismissed.

Petitioner's sole claim in this appeal is that respondent has violated Public Officers Law '104, a portion of the Open Meetings Law, by failing to post conspicuously notice of board meetings in a designated public location. Respondent asserts that such posting complies with the requirements of the Open Meetings Law and that, in any event, for over three-quarters of the meetings of the board in the 1990-91 school year, notice was also posted on a sign along a public highway.

The appeal must be dismissed on jurisdictional grounds. The Commissioner has repeatedly held that alleged violations of the Open Meetings Law must be pursued in a judicial action or proceeding in State Supreme Court and may not be the basis of an appeal to the Commissioner of Education under Education Law '310 (Public Officers Law '107; Appeal of Kushner, 31 Ed Dept Rep 351; Appeal of Strober, 30 id. 4; Appeal of Weaver, 28 id. 183; Appeal of Carre, Goldstein and Zahler, 27 id. 215).

THE APPEAL IS DISMISSED.

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