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Ianicelli v. McNeely

School board members with spouses employed by the school system do not violate any constitutional duty, absent evidence that they intentionally acted to further their spouses' pecuniary gain.

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Appeal is brought from the trial court’s dismissal of appellant’s complaint due to its failure to state a claim upon which relief could have been granted. Appellant had sought mandamus, declaratory and injunctive relief in order to remedy alleged conflicts of interests on the part of certain Glynn County School Board members. Because appellant’s request for mandamus relief sought to compel the undoing of acts already performed, the trial court properly dismissed that portion of the complaint. The trial court also properly dismissed appellant’s claims for declaratory and injunctive relief, because it is certain that no such relief would have been available under any state of facts that appellee might have been shown in support of those claims. Therefore, we affirm.

Appellant Joe Ianicelli, a citizen of Glynn County, filed a complaint against appellees Walter McNeely, Don Varnadore, and Darrell Williams collectively “appellees”, each of whom are members of the Glynn County School Board and each of whom is married to an employee of the Glynn County School System. In his complaint, appellant alleged that appellees’ participation in decisions affecting the compensation and benefits accorded school system employees necessarily affected their spouses, and thus violated the Georgia Constitution’s prohibition against public officers and trustees engaging in conflicts of interest. In order to remedy that alleged conflict, appellant sought declaratory and injunctive relief prohibiting appellees “from voting on matters that directly affect their spouses.”

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