Appeal of GLENN A. DEBROSKY from action of the Board of Education of the Rondout Valley Central School District relating to adoption of a contingency budget.

Decision No. 14,706

(March 28, 2002)

Shaw & Perelson, LLP, attorneys for respondent, Margo L. May, Esq., of counsel

MILLS, Commissioner.--Petitioner challenges actions of the Board of Education of the Rondout Valley Central School District ("respondent") relating to the adoption of a contingency budget for the 2001-2002 school year. The appeal must be dismissed.

On June 26, 2001, after the proposed budget for the 2001-2002 school year was twice rejected by the voters, respondent adopted a contingency budget. This budget did not contain line item entries.

On July 25, 2001, respondent adopted a revised contingency budget for the 2001-2002 school year. The revised budget was a line item budget effective July 1, 2001 through June 30, 2002. This appeal ensued. On August 14, 2001, petitioner's request for interim relief was denied.

Petitioner alleges that respondent"s June 26, 2001 contingency budget was unlawful because it was not a line item budget. He further alleges that any expenditures made pursuant to that budget were unlawful. Additionally, petitioner claims that all expenditures from July 1, 2001 until respondent"s adoption of the revised contingency budget on July 25, 2001 were unlawful because they were not approved by board resolution. Petitioner does not challenge the lawfulness of the revised contingency budget. Nevertheless, he seeks an order requiring respondent to approve by board resolution all expenditures from July 1 to July 25, 2001.

Respondent contends this matter is moot because it adopted a revised contingency budget with line items that it identified and approved.

The Commissioner of Education will only consider matters in actual controversy and will not render a decision on a state of facts which no longer exists or which subsequent events have laid to rest (Appeal of Diane M., 39 Ed Dept Rep 709, Decision No. 14,356; Appeal of Carney, 39 id. 255, Decision No. 14,229; Appeal of Studley, 38 id. 258, Decision No. 14,028). Respondent has approved a revised contingency budget with line item appropriations for the 2001-2002 school year. Thus, petitioner's request for relief is moot.

Although this appeal is dismissed, respondent is reminded that future contingency budgets must contain an appropriate level of detail and be adopted in accordance with Education Law ""2022 and 2023.

In light of this disposition, I need not address the parties" remaining contentions.

 

THE APPEAL IS DISMISSED.

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