A school district may sue its board members, employees, former board members and former employees for alleged mismanagement or misconduct

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A school district may sue its board members, former board members, employees, and former employees for alleged mismanagement ormisconductRoslyn Union Free Sch. Dist. v Barkan, 2012 NY SlipOp 07652, Appellate Division, Second Department
The Roslyn Union Free School District initiated a lawsuit  againstMichael Barkan, Karen Bodner, William Costigan, Mary Ann Combs Ronna Niederman,Ellen Siegel, and Patricia Schissel to recover damages for alleged breaches of fiduciary duty and negligence.

Supreme Court denied their respectivemotions to dismiss the complaints insofar as asserted against each of them and theyappealed the Supreme Court’s ruling to the Appellate Division.
The Appellate Division sustained the lower court's decision, rejecting their argument that, inthe absence of specific enabling legislation, a school district may notcommence an action against current or former members of its board of education.
Citing a decision by the Court of Appeals in a prior appealin this action, Roslyn Union Free School Dist. v Barkan, 16 NY3d 643,the court explained that the plaintiff here – the Roslyn Union Free SchoolDistrict -- is a "corporation" and a corporation has the right to sueand be sued.

Accordingly, said the court, the school district has the right toprosecute an action "for injury and damages sustained by it by reason ofmismanagement or misconduct in its affairs, waste of assets, or derelictions induty by the directors, officers, agents or employees of the corporation."
Finding that the school district’s complaint “adequatelyalleges causes of action to recover damages for breach of fiduciary duty andnegligence,” the Appellate Division dismissed the appeal.
The decision is posted on the Internet at:http://www.courts.state.ny.us/reporter/3dseries/2012/2012_07652.htm