Commissioner found it unnecessary to certify "that respondent appeared to have acted in good faith" for the purposes indemnifying them for costs and expensesAppeal of William King Moss III regarding a staff appointment, Decisions of the Commissioner of Education, Decision No. 17,409Although the Commissioner dismissed this appeal for failure to serve a "necessary party" — here the staff member whose appointment was challenged by Mr. Moss — the Commissioner addressed an administrative matter.The respondents in this appeal to the Commissioner had requested that the Commissioner "certify that “all board members” and the superintendent acted in good faith within the meaning of Education Law §3811(1) thereby authorizing the board to indemnify certain individuals for legal fees and expenses incurred in defending a proceeding arising out of the exercise of their powers or performance of duties. Education Law §3811, in relevant…
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