1000
SUBJECT:
ORGANIZATION
AND AUTHORITY
The Board of Cooperative Educational Services of
the Sole Supervisory District of
Washington-Saratoga-Warren-Hamilton and Essex Counties,
New York shall be known and referred to as the
Washington-Saratoga-Warren-Hamilton-Essex BOCES,
hereinafter referred to as the
BOCES.
The BOCES is a corporate body created by statute
and vested with complete authority over the educational
and fiscal affairs of the BOCES of the Supervisory
District. In
the exercise of such authority the BOCES shall only employ
such powers as are expressly granted to it by law
All authority rests with the Board as a whole and
not with any individual member or any group of members in
any committee. Committee
members may act on an individual basis only when
specifically delegated with the authority by the Board. All final policy decisions are placed in the hands
of the Board.
Limitation
of Responsibilities as Individuals
The authority and responsibilities of individual
Board members do not extend to execution of the policies
which they adopt as a body.
The role of the Board, as with any legislative
body, is to act collectively, not individually.
Individual members have no status as, and shall not
attempt to act as, administrators in the district.
Rather, the District Superintendent, all
administrators, as well as all other personnel of the
district, are responsible to the Board as an entity. Board members, however, as with all legislators,
are entitled to full information and all data necessary,
in their judgment, to the proper casting of their votes on
any matter which can come before the Board for action.
Administrative duties will be delegated to the
District Superintendent and his/her staff; governing
powers will be rigorously retained for action by the Board
itself.
Individual Board members being recipient of
citizens' comments, petitions, or complaints serious
enough to warrant, or by their nature such as to warrant
action by the Board as a whole, should normally request
the same to be reduced to writing and transmitted to the
District Office for revision and inclusion on a Board
meeting agenda, if deemed appropriate.
Individual Board members, speaking in their own
behalf outside of regular Board meetings, should make it
clear that their personal views are not necessarily the
same as the full Board acting collectively.
Each member of the
Board shall read his/her agenda and necessary documents
accompanying the same, prior to the Board meeting, and
mark portions which need clarification; and otherwise be
prepared for maximum participation necessary in the
shortest time possible on each question coming before the
Board. Board
members are expected to contact the District
Superintendent prior to the meeting, to clarify any items
on the agenda.
Board members, if they are to retain effective
control of the District without becoming involved in the
administration thereof, should avail themselves of every
opportunity to develop their knowledge and skills as
members of the governing body of this District.
Education Law Section 1950
Adopted:
January 9, 2002
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1010
SUBJECT: NUMBER
OF MEMBERS AND TERM OF OFFICE
The Board shall
consist of fifteen (15) members elected to represent the
component districts within the BOCES area.
Members of the BOCES shall serve on the Board for a
term of three (3) years, commencing July 1 following
election.
Education Law Section 1950(2)
Adopted: January 9, 2002
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1020
SUBJECT: QUALIFICATIONS
OF BOARD MEMBERS
Any eligible voter
who resides within the boundaries of a component school
district may be elected to the Board. A candidate need not be a member of a board of
education of a component district.
A candidate must be eligible to hold office in a
component district. An
employee of one of the component school districts of the
BOCES, or of the BOCES staff, is not eligible for election
to the Board.
Education Law Section 1950(9), (9a)
Adopted:
January 9, 2002
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1030
SUBJECT: NOMINATION
AND ELECTION OF BOARD MEMBERS
Board members are
nominated by component districts and the names transmitted
to the Clerk of the BOCES in writing by the date
designated by the President of the BOCES, which must be at
least thirty (30) days prior to the date of the election.
Election of the Board members will occur between
April sixteenth and April thirtieth on a date selected by
the BOCES Board President.
No component district may have more than one member
on the BOCES Board. It
shall be the duty of the BOCES to encourage candidates
from components not currently represented on the Board. The ballot will be prepared by the BOCES Board
Clerk and mailed to each component district no later than
fourteen (14) days prior to the date designated as the day
of the election by the President of the Board.
The candidate receiving a plurality of the votes
cast is elected, with the candidate receiving the highest
vote total elected to the position with the longest term
and the candidate with the second highest vote total
elected to the position with the next longest term in
descending order. Any
tie vote will be broken by a runoff election within twenty
(20) days of the initial vote. Specific voting procedures will be in accordance with
education law.
Each component Board of Education shall have one
vote for each vacancy to be filled at either a special or
regular election of members to the BOCES Board.
Education Law Sections
1950(2), (4), (9) and (11)
Adopted:
January 9, 2002
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1040
SUBJECT: VACANCIES
ON THE BOARD
If a member of the BOCES resigns, refuses to serve,
is removed from office, or no longer is a resident of the
Supervisory District, his or her position shall be termed
vacant. A
vacancy may be filled in two ways:
a) If the
vacancy occurs on or after January 1 and prior to the
fifth day preceding the date designated for submission of
candidate nominations, the BOCES may fill the vacancy by
appointment and the person so appointed shall hold office
until the next annual election.
b) If the
vacancy occurs prior to January 1 or during the period
commencing five days prior to the date designated for
submission of nominations and ending on the last day of
the school year, a special election shall be held.
Removal from Office
A member of the BOCES who refuses or neglects to
attend three successive meetings of the BOCES of which
he/she is duly notified, without rendering a good and
valid excuse therefore to the other members of the BOCES,
vacates his/her office by refusal to serve.
Education Law Section 1950(1)
Adopted: January 9, 2002
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1100
SUBJECT: POWERS
AND DUTIES OF BOARD MEMBERS
The powers and
duties of the Board include the following:
a) Appoint a
District Superintendent of Schools and, at its discretion,
provide for payment of supplementary salary to the
District Superintendent of Schools by the BOCES.
b) Prepare and
adopt a budget for the Board programs for the ensuing year
no later than May 15 of each year.
c) Upon the
recommendation of the District Superintendent employ
faculty, staff and
other personnel necessary to carry out the program.
d) Provide and
maintain suitable classrooms, office and other facilities
necessary to carry out the program.
e) Establish
policies which provide the framework for the day-to-day
operations.
f) Such other
powers and duties as prescribed by law.
Education Law Sections 1701 and 1950(4)
Adopted: January 9, 2002
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1110
SUBJECT:
DUTIES
OF THE BOARD PRESIDENT
The President shall be a member of the BOCES
elected at the annual organization meeting in July, and
shall perform the following duties:
a. Preside at
all public Board meetings and all meetings held in
executive session
b. Appoint
membership on committees established by the Board,
including committee chairpersons
c. Execute all documents as required
d. Discharge duties imposed by law
e. Vote upon
all questions before the Board, and at his/her own
discretion, take part in the debate on any questions under
consideration
f. He/she
shall be an ex-officio member of all committees, and upon
his/her request, he/she shall be notified of all committee
meetings
g. Perform
such other duties as may be specified by the Board
Education Law Section 1950(4)(j)
Adopted: January
9, 2002
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1120
SUBJECT:
DUTIES
OF THE BOARD VICE-PRESIDENT
The Vice-President shall be elected by the BOCES at
the annual organization meeting in July to exercise the
duties of the President when the President is absent or
disabled.
If the office of President is vacated by reason of
resignation or death, the Vice-President of the BOCES
shall automatically become President until the next
organizational meeting of the Board.
If the office of Vice President is vacated for any
reason, the most senior Board member automatically becomes
Vice President until the next organizational meeting of
the Board.
Adopted: January
9, 2002
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1130
SUBJECT:
DUTIES
OF THE DISTRICT CLERK
The District Clerk shall be appointed by the BOCES
at the organizational meeting in July, and shall perform
the following duties:
a. Take and
record accurate minutes of each public Board meeting, and
furnish copies of such minutes to Board members before the
next regularly scheduled meeting
b. Sign
documents and papers, as required by law or Board order
c. Post public
notices, as required by law or Board order
d. Other
duties as assigned by the Board
Education Law Sections 1950(7)(j) and 2130
Adopted: January 9, 2002
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1140
SUBJECT: DUTIES
OF THE TREASURER
The Treasurer
shall be appointed by the BOCES at the annual
organizational meeting in July and shall perform the
following duties:
a. Assume
responsibility for custody of BOCES funds. Such responsibility shall include receipt of BOCES
money and deposit of same in banks designated by the
Board.
b. Maintain
custody and safekeeping of the check-signing machine. The Treasurer or Deputy Treasurer is authorized to sign
checks for the BOCES.
c. Prepare
accounts and reports as required by law, Commissioner's
Regulations or the Board.
d. Pay bills
for the BOCES as they become due.
e. Assume
other duties as assigned by the Board.
Before entering
upon the duties of the office, the Treasurer shall file
with the BOCES a bond in such amount as the Board shall
annually designate.
Education Law
Sections 1950(7)(j) and 2130
Adopted: January
9, 2002
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1150
SUBJECT: DUTIES
OF THE INDEPENDENT AUDITOR
The Board shall appoint an independent certified
public accountant or an independent public accountant who
shall complete a certified audit in a form prescribed by
the Commissioner. Such
report shall be accepted by the Board and furnished
annually to the State Education Department.
Commissioner's
Regulations Section 170.3
Adopted: January
9, 2002
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1151
SUBJECT:
DUTIES OF THE INTERNAL AUDITOR
The Internal Auditor reports
directly to the Board of Education.
BOCES may participate in an
inter-municipal cooperative agreement, or hire
independent contractors as the person/entity
serving as Internal Auditor. The person or
entity serving as Internal Auditor must follow
generally accepted auditing standards, be
independent of BOCES business operations, and
have the requisite knowledge and skills to
complete the work.
The Internal Auditor is
responsible for performing the internal audit
function for the Board of Education which
includes at a minimum:
a. Development of a
risk assessment of BOCES operations, including
but not
limited to, a review of
financial policies, procedures and practices;
b. An annual review
and update of such risk assessment;
c. Annual testing and
evaluation of one or more areas of the BOCES
internal
controls, taking into
account risk, control weakness, size and
complexity of operations;
d. Preparation of
reports, at least annually or more frequently as
the Board may direct, which:
1. Analyze
significant risk assessment findings;
2. Recommend
changes for strengthening controls and reducing
identified risks; and
3. Specify
timeframes for implementation of such
recommendations.
Education Law Sections 1950, 2116-b and 2116-c
8 New York Code of Rules and Regulations (NYCRR)
Section 170.12(d)
NOTE:
Refer also to Policy 4110 –
Internal Audit Function
Adopted:
June 14, 2006
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1152
SUBJECT:
APPOINTMENT AND DUTIES OF THE CLAIMS AUDITOR
The Board may
adopt a resolution establishing the appointment of a
Claims Auditor who shall hold the position subject to
the pleasure of the Board and report directly to
the Board on the results of audits and claims. The
Board may require that the Claims Auditor report to the
Clerk of the BOCES or the Board, or to the District
Superintendent for administrative matters such as
workspace, time and attendance.
Qualifications
The Claims
Auditor must have the necessary knowledge and skills to
effectively audit claims including experience with
purchasing, bidding and claims.
No person
shall be eligible for appointment to the office of
Claims Auditor who shall be:
a)
A
member of the Board;
b)
The
Clerk or Treasurer of the Board;
c)
The
District Superintendent or official of the District
responsible for business management;
d)
The
Purchasing Agent;
e)
Clerical or professional personnel directly involved in
accounting and purchasing functions of the BOCES under
the direct supervision of the District Superintendent;
f)
The
individual or entity responsible for the internal audit
function (the Internal Auditor);
g)
The
External (Independent) Auditor responsible for the
external audit of the financial statements;
h)
A
close or immediate family member of an employee,
officer, or contractor providing services to the BOCES.
A “close family member” is defined as a parent, sibling
or nondependent child; an “immediate family member” is a
spouse, spouse equivalent, or dependent (whether or not
related).
The
Claims Auditor is not required to be a resident of the
BOCES and shall be classified in the civil service
exempt class.
The
Board may delegate this claims auditor function by using
inter-municipal cooperative agreements, or independent
contractors, providing that the individual or
organization serving as independent contractor meets the
following standards for independence between the Claims
Auditor and the BOCES:
a)
Has no
other responsibilities related to the business
operations of the BOCES;
b)
Has no
interest in any other contracts with, and does not
provide any goods or services to the BOCES; and
c)
Is not
a close or immediate family member of anyone who has
responsibilities related to business operations of the
BOCES, or has an interest in any other contracts with
the BOCES. A “close family member” is defined as a
parent, sibling or nondependent child; an “immediate
family member” is a spouse, spouse equivalent, or
dependent (whether or not related).
Valid claims against the BOCES shall be paid by the
Treasurer only upon the approval of the Claims Auditor.
The Claims Auditor shall certify that each claim listed
on the warrant was audited and payment was authorized.
He/she shall:
a)
Examine all claim forms with respect to the availability
of funds within the appropriate codes and adequacy of
evidence to support the BOCES expenditure;
b)
Meet
such other requirements as may be established by the
Regulations of the Commissioner of Education and/or the
Comptroller of the State of New York.
Education Law Sections 1604(35), 1709(20-a), 2526 and
2554(2-a)
8 New York Code of Rules and Regulations (NYCRR) Section
170.12(c)
Adopted:
January 14, 2009
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1160
SUBJECT:
DUTIES
OF RECORDING SECRETARY
The District Superintendent will make available to
the Board a recording secretary. The duties of the recording secretary shall include, but not
be limited to:
a. Taking
notes at each regular and special meeting of the Board
b. Preparing
the official minutes for each Board meeting for
presentation to the District Clerk and Board
c. Notifying
individual Board members of Board meetings and other
activities as necessary
d. Maintain a
calendar of Board conferences, conventions and workshops,
and arrange for attendance at such
Adopted: January 9, 2002
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1170
SUBJECT: DUTIES
OF THE SCHOOL ATTORNEY
The Board shall
employ an attorney. Said
attorney shall give legal advice to the Board and to the
District Superintendent on all matters pertaining to the
BOCES.
Adopted: January 9, 2002
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1200
SUBJECT: METHOD
OF OPERATION
The BOCES operates
at the policy-making level, leaving the administration of
that policy to its executive office administrators and
supervisors, thus freeing itself for major considerations
and decisions.
Board policies are statements, which set forth the
purposes and prescribe in general terms the organization
and program of the BOCES. They create a framework within which the District
Superintendent and other staff can discharge their
assigned duties with positive direction. Essentially, they tell what is desired and they may
also indicate reasons why and how much.
Specific directions giving precise details of how,
by whom, where, and when things are to be done, are rules
and regulations.
This distinction between policy, rules and
regulations does not imply that policy should deal only
with abstract expressions of theory and philosophy.
On the contrary, statements of policy should spell
out clearly what the Board intends. The clearer the statement of the policy the clearer
the directions to be taken by the administration.
Education Law Section 1709
Adopted:
January 9, 2002
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1210
SUBJECT: PRINCIPLES
FOR BOARD MEMBERS
The success of every school system depends on an
effective working relationship between the Board and the
Chief Executive Officer. This code emphasizes the most important goals and
obligations of that relationship.
a. Assure the
opportunity for high quality education for every student
and make the well being of students the fundamental
principle in all decisions and actions.
b. Obey all
national, state, and local laws and regulations pertaining
to education and public agencies.
c. Represent
the entire community without fear or favor, while not
using these positions for personal gain and accepting all
responsibilities as a means of unselfish service.
d. Adhere to
the principle that the Board shall confine its role to
policy-making, planning, and appraisal while the District
Superintendent (Chief Executive Officer) shall implement
the Board's policies.
e. Act as part
of an educational team with mutual respect and regard for
each other's respective responsibilities and duties,
recognizing that the strength of a Board is in acting as a
Board, not as individuals; and that the strength of the
District Superintendent is in being the educational
leader.
f. Maintain
high standards and the effectiveness of education through
research and continuing professional development.
g. Preserve
the obligation of having all issues considered fairly and
without bias.
h. Instill
respect for individuals,
community, state,
and nation.
Adopted: January
9, 2002
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1220
SUBJECT: FORMULATION,
ADOPTION AND DISSEMINATION OF POLICY
The BOCES shall determine and adopt policies in
accordance with procedure, which it will establish, in
order to facilitate the broadest possible consultation
with elements of the district, including district
employees who may have special knowledge of, or a
particular interest in, the policy under consideration.
Policy and the Law
No policy of the BOCES
may be in conflict
with the law; nor may the Board adopt policies or perform
any functions expressly prohibited to it by law.
Proposing Board Policy
Policies may be proposed for adoption, amendment,
or repeal at any Board meeting, by any member of the
Board, or by the District Superintendent.
The Board desires that the members of the staff,
both certificated and classified, and other interested
parties shall
have maximum possible opportunity to advise the Board of
their reactions to and feelings about proposed changes in
policy.
Procedure for Adopting Policies
Policies will be
voted upon by using the following procedure:
a. At the
first meeting, a proposed policy is presented. It will be discussed, but action will not be taken.
Formal action will be taken at a subsequent Board
meeting, or
b. If a NYS
Law or Commissioner’s Regulation requires immediate
action, a proposed policy may be adopted by the Board at
its first reading. It
is the Board’s intent that this provision will be used
only in situations requiring immediate Board action in
order to be in compliance with Law or Regulation.
Review and Revision
The Board of Education shall maintain a public
written record of its policies, which is reviewed and
revised as deemed necessary (with the date of initial
adoption and subsequent revisions
noted on the policy).
Adopted:
January 9, 2002
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1230
SUBJECT: EXECUTION
OF POLICY: ADMINISTRATIVE
REGULATIONS
The Board delegates to the District Superintendent
the function of specifying required actions and designing
the detailed arrangements under which the BOCES will be
operated. These
rules and these detailed arrangements shall constitute the
administrative regulations governing the BOCES. They must be in every respect consistent with the
policies adopted by the Board. The Board shall be kept informed periodically of
changes in administrative regulations.
Adopted:
January 9, 2002
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1300
SUBJECT: REGULAR
MEETINGS OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES
The Board shall regularly meet on the dates and at
the time chosen at the annual organizational meeting. All meetings shall be held within the boundaries of
the Supervisory District. Regular and special meetings of the Board will
normally adjourn no later than 11:00 p.m.
Each meeting is presided over by the Board
President or in his/her absence, the Vice-President, or in
the absence of both officers, the Board member present
with the longest term of service on the Board. In the event of a tie in length of Board service,
alphabetical order shall prevail.
(See Policy 1110)
The agenda for each regular or special Board
meeting shall be distributed to each Board member prior to
the meeting.
Public Notice
Public notice of the time and place of a meeting
shall be given to the news media and shall be
conspicuously posted in the BOCES administrative offices
at least seventy-two hours before each meeting.
Adjourned Meeting
Any meeting may be adjourned to a specific future
date, time, and place when so voted by the Board of
Education.
All Board members shall be notified at least
twenty-four hours (24) in advance of the call-to-order of
an adjourned meeting, reconvened.
The only business which can be transacted is the
business which was on the agenda of the meeting that was
adjourned.
Public Officers
Law, Article 7
Adopted:
January 9, 2002
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1301
SUBJECT: PUBLIC
SESSIONS
All Board meetings must be open to the public
except those portions of the meetings, which qualify as
executive sessions. A
"meeting" is defined as an official convening of
a public body for the purpose of conducting public
business and a "public body" is defined as an
entity which requires a quorum to conduct business,
including committees and subcommittees.
Whenever such a meeting is to take place, there
must be at least seventy-two (72) hours advance notice in
accordance with the provisions of the Open Meetings Law. Notice of other meetings shall be given as soon as
is practicable in accordance with law.
Public Officers Law, Article 7
Adopted:
January 9, 2002
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1305
SUBJECT: ORDER
OF BUSINESS AT REGULAR BOARD MEETINGS
Except as altered by a vote of a majority of the
members of the Board, the following shall be the order to
be observed in the transaction of business:
1.
Call to Order
2.
Pledge of Allegiance
3.
Public Hearing
4.
Minutes
5.
Old Business
6.
Communications
7.
Administrative Reports
8.
New Business
9.
Personnel
10.
Financial
11.
Others
12.
Executive Session (when needed)
13.
Adjournment
Adopted: January 9, 2002
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1315
SUBJECT: EXECUTIVE
SESSIONS OF THE BOARD
The Board may hold executive sessions where only
the members of the Board and those persons invited by the
Board shall be present.
Upon a majority vote of its total membership, taken
in an open meeting pursuant to a motion identifying the
general area or areas of the subject or subjects to be
considered, the Board may conduct an executive session for
discussion of the below enumerated purposes only,
provided, however, that no action by formal vote shall be
taken except on a 3020A probable cause finding:
a. Matters which will imperil the public safety if
disclosed
b.
Any matter which may disclose the identity of a law
enforcement agent or informer
c. Information
relating to current or future investigation or prosecution
of a criminal offense, which would imperil effective law
enforcement, if disclosed
d. Discussions
regarding proposed, pending or current litigation
e. Collective
negotiations pursuant to Article 14 of the Civil Service
Law
f. The
medical, financial, credit or employment history of any
particular person or corporation, or matters leading to
the appointment, employment, promotion, demotion,
discipline, suspension, dismissal or removal of any
particular person or corporation.
g. The
preparation, grading or administration of examinations.
h.
The proposed acquisition, sale or lease of real
property or the proposed acquisition of securities, or
sale or exchange of securities held by such public body,
but only when publicity would substantially affect the
value thereof.
Minutes shall be taken at executive sessions of any
action that is taken by formal vote, which shall consist
of a record summary of the final determination of such
action, and the date and vote thereon; provided, however,
that such summary need not include any matter, which is
not required to be made public by the Freedom of
Information Law. Such
minutes shall be available to the public within one week
from the date of the executive session.
Public Officers
Law Sections 105 and 106(2) (3)
Education Law Sections 1708 and 3020-a
Commissioner's Regulations Section 200.5
Adopted:
January 9, 2002
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1320
SUBJECT: SPECIAL
MEETINGS
Special meetings of the Board shall be held on call
by any member of the Board. A reasonable and good faith effort shall be made by
the District Superintendent or the Board President, as the
case may be, to give every member of the Board a
twenty-four hour notice of the time, place and purpose of
the meeting.
In an emergency, if all Board members are present,
the twenty-four hour notice requirement may be waived by
unanimous agreement. In this situation, the Clerk of the Board may
request each member to sign a waiver of notice and the
fact of such signing shall be entered in the minutes.
Special meetings shall be open to the public in the
same manner as are regular meetings. Public notice of the time and place of special
meetings shall be given, to the extent practicable, to the
news media and shall be conspicuously posted in the
BOCES
administrative office at a reasonable time prior thereto.
Education Law Section 1606
Public Officers Law, Section 104
Adopted:
January 9, 2002
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1325
SUBJECT: ORGANIZATIONAL
MEETING
The Board may hold its annual organizational
meeting at any time during the first fifteen (15) days of
July. The
District Superintendent shall serve as temporary
chairperson, who shall open the meeting and conduct the
election of the President. The President shall assume office immediately, and
shall conduct the remainder of the Board's business.
The agenda shall include:
a.
Oath of Office
b.
Elections/Oaths of Office
1.
President
2.
Vice-President
c.
Board Appointments
1.
Board Clerk
2.
Board Secretary
3. Treasurer
4.
Deputy Treasurer
5. Extraclassroom Activity - Fund Treasurer
6.
School Attorney
7. School Physician
8. Independent Auditor
9. Internal Auditor
10. Election of Legislative Liaison
11.
Election
of Delegate and Alternate to the New York State School
Boards Association
12. Other
d.
Designations
1.
Official Bank Depository
2.
Official Newspaper(s)
3. Regular Monthly Meeting Dates
4.
Annual Meeting Date
5.
Date for
component districts to vote on administrative budget and
election of board members
6. Records Management Officer
7.
Title IX 504/ADA Coordinator/Compliance Officer
e.
Authorizations
1.
Asst. Superintendent for Administrative Services to
certify payroll
2. Purchasing Agent and Deputy Purchasing Agent
3. Attendance at conferences, conventions and
workshops
4. Instructional and non-instructional substitutes and
temporary employees
5. Bonding Personnel
6. Mileage Reimbursement Rate
7. Investment of Funds
8. Authorize Over-Time
9. Signature on Checks
10. District Superintendent to Sign Contracts and
Grants
11. Budget Transfers
12. Others
Public Officers Law, Article 7
Adopted: January 9, 2002
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1330
SUBJECT:
ANNUAL
MEETING
The annual meeting of the component school
districts of the BOCES is held between April 1 and April
15 in each year on a date and at a place and hour
designated by the BOCES, for the purpose of reviewing the
preliminary BOCES program budget and such other business
that may properly come before the annual meeting. The Notice of the Call of such meeting shall
conform to the law and be administered by the Clerk of the
District.
The agenda shall include:
a.
Call to order by President
b.
Notice of Call of Meeting
c.
Election of Chairperson (if necessary)
d.
Review of preliminary administrative, capital and
program budgets
e.
Other business
f.
Adjournment
Public Notice
Pursuant to Education Law, Section 1950(b)(4),
public notice must be given by publishing notice of the
annual meeting in two newspapers in general circulation in
the BOCES, or one such newspaper if there is only one,
once each week within the two weeks preceding the annual
meeting, with the first publication at least 14 days prior
to the annual meeting. Where there are no such newspapers, notice must be
posted in at least 20 public places. Additionally, notice of the date, time and place of
the annual meeting must be mailed to each Board member of
the component school districts at least 14 days prior to
the meeting.
Public Officers Law Article 7
Adopted: January
9, 2002
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1340
SUBJECT: QUORUM
AND ATTENDANCE AT BOARD MEETINGS
The quorum for any meeting of the Board shall be
eight (8) members. No
formal action shall be taken at any meeting at which a
quorum is not present. When only a quorum exists, the Board shall act by
unanimous vote unless otherwise required by the laws of
the State of New York.
The District Superintendent and members of his/her
staff at the District Superintendent's discretion shall
attend all meetings of the Board. The District Superintendent shall attend all
executive session meetings of the Board except those which
concern his/her evaluation and salary determination. The Board may request the attendance of such
additional persons as it desires. It is the duty of each member of the Board to attend all
meetings of the Board.
Education Law
Section 2502(8)
Adopted:
January 9, 2002
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1350
SUBJECT:
MINUTES
The minutes are a legal record of the activities of
the Board as a public corporation having the specified
legal purpose of maintaining public schools. The minutes of all meetings shall be kept by the
Clerk or, in his/her absence, by the District
Superintendent or his/her designee. The minutes shall be complete and accurate and
stored in a minutes' file.
The minutes of each meeting of the Board of
Cooperative Educational Services shall state:
a.
The type of meeting
b.
The date, time of convening, and adjournment
c. Board
members present and absent
d. All action
taken by the Board, with evidence of those voting in the
affirmative and the negative, and those abstaining.
Communications and other documents that are too
long and bulky to be included in the minutes shall be
referred to in the minutes and shall be filed in the
District Office.
Minutes of the meeting are to be communicated in
writing to each Board member before the next regularly
scheduled
meeting. Minutes of meetings shall be approved based upon
final transcripts of minutes in the hands of Board
Members. No
minutes will be approved "as corrected" or
"as amended" unless the specific language of the
correction or the amendment is agreed upon and included in
the minutes of the meeting at which the subject minutes
are finalized and approved or at any subsequent meeting of
the Board.
All Board minutes shall be signed by the Clerk when
submitted and stored in a vault or file. Unless otherwise provided by law, minutes shall be
available to the public within two (2) weeks following the
date of a meeting; draft copies, so marked, are
acceptable, subject to correction.
Public Officers
Law Section 106
Adopted:
January 9, 2002
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1360
SUBJECT:
USE
OF PARLIAMENTARY PROCEDURE
The business of the Board shall be conducted in
accordance with the following principles:
a.
Rules of the Board will have precedence;
b. Authoritative
principles of parliamentary procedure as found in the
latest edition of Robert's Rules of Order shall be
followed.
Commissioner's
Decision Numbers 8018 and 887
General Construction Law Section 41
Adopted:
January 9, 2002
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1370
SUBJECT: BOARD
COMMITTEES
Committee of the Whole
The powers and duties of the Board must be
exercised by the Board as a whole. The Board will function as a committee of the whole
in discussions, in informal sessions, in considering
recommendations, and in participating in other Board
activities.
Standing Committees
Prior to September
1 of each year the Board President may make appointments
of Board members to standing committees including
chairpersons. The
number of and charge to each standing committee shall be
determined annually by the Board.
Ad hoc Committees
The President of the Board may appoint a
subcommittee of not more than four (4) members to
investigate a problem and/or area of concern and report
its findings to the Board. Such report is advisory only. The President of the Board shall also appoint the
chairperson of the subcommittee where necessary. Such committees shall be terminated automatically,
following their final reports to the Board unless asked to
continue by the President.
Adopted: January
9, 2002
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1380
SUBJECT: ADVISORY
COMMITTEES AND COUNCILS
The Board shall establish permanent advisory
councils as required by law for the operation of specific
services offered by the BOCES. Temporary advisory committees shall be formed at
the Board's discretion to deal with current problems. These temporary committees serve only for the
duration of the study undertaken.
Each advisory committee should be created and
discharged by resolution of the Board. The creating resolution should state specifically the scope
of the work of the committee. Every effort will be made to include
representatives with divergent views to insure fairness
and community involvement.
All advisory committees originated by the Board
shall have as a consultant a member of the professional
staff of the BOCES. Appointments
to an advisory committee shall be made on the basis of
interest, experience, and concern.
All publicity concerning the findings of an
advisory committee shall be handled through the regular
channels of the Board.
The Board shall establish a timetable covering
release of findings, progress reports, etc., at the first
organizational meeting of the committee.
Public Officers Law
Sections
102 and 104
Adopted:
January 9, 2002
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1390
SUBJECT: CAREER
AND TECHNICAL EDUCATION
ADVISORY COUNCIL
The Board shall appoint an Advisory Council for
Career and Technical Education as provided in Section 4601
of the Education Law. It shall be the duty of the Advisory Council for
Career And Technical Education
to advise the Board:
a. On the
development of any policy matters arising in the
administration of career and technical education
b. In
preparation of long-range and annual program plans
submitted to the Commissioner of Education
c. On an
annual evaluation of the career and technical
education program
services and activities provided by the BOCES
Education
Law Section 4601
Adopted:
January 9, 2002
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1400
SUBJECT: ATTENDANCE
BY BOARD MEMBERS AT CONFERENCES, CONVENTIONS AND WORKSHOPS
In keeping with the stated position on the need for
continuing inservice training and development for its
members, the Board encourages the participation of all
members at appropriate conferences, workshops and
conventions. However,
in order to control both the investment of time and funds
necessary to implement this policy, the Board establishes
the following guidelines:
a. A calendar
of Board conferences, conventions and workshops shall be
maintained by the Recording Secretary (See Policy 1160). The Board will periodically decide which meetings
appear to be most promising in terms of producing direct
and indirect benefits to the BOCES.
b. Funds for
participation at such meetings will be budgeted for on an
annual basis. When
funds are limited, the Board will designate which of its
members would be the most appropriate to participate at a
given meeting.
c. Reimbursement
to Board members for their travel expenses will be in
accordance with the regulations established by the Board
for travel reimbursements.
d. When a
conference, convention or workshop is not attended by the
full Board, those who do participate are encouraged to
share information, recommendations, and materials acquired
at the meeting.
e. Attendance
at national conferences is encouraged. Normally, a maximum of three Board members may
attend a national conference in any one year. Preference will be given to newly elected members
and/or members attending for the first time.
General Municipal Law Section 77-b
Education Law Section 2118
Adopted:
January 9, 2002
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1410
SUBJECT: MEMBERSHIP
IN ASSOCIATIONS
The Board will
maintain membership in the following organizations:
a.
New York
State School Boards Association (NYSSBA)
b. National School Boards Association
(NSBA)
c. Saratoga School Boards Association
(SSBA)
d. Adirondack Area School Boards Association
(AASBA)
Additionally, the Board may maintain membership and
participate cooperatively in other associations.
e.
Adirondack Regional Chambers of Commerce (ARCC)
f.
Saratoga Chamber of Commerce
g.
Southern Saratoga Chamber of Commerce
h.
Capital Area School Development Association (CASDA)
i.
Rural Schools Association (RSA)
Adopted:
January 9, 2002
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1500
SUBJECT: BOARD
SELF-EVALUATION
The Board believes that periodic evaluation of its
procedures will improve the Board’s performance,
exemplify the constructive evaluations it encourages for
all school personnel and programs, and promotes a spirit
of teamwork throughout the district. Regular evaluation also helps the Board set those
objectives it will try to accomplish before its next
evaluation. At
least once a year, Board members will evaluate their own
performance – and that of the Board as a whole –
according to standards developed by the Board. Information gathered from the evaluation will be
used each year to establish objectives for the coming
year.
Adopted:
January 9, 2002
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1550
SUBJECT: COMPENSATION
AND EXPENSES
Members of the Board
shall be reimbursed for necessary expenses incurred while
on business for BOCES, including but not limited to,
attendance at regular and special meetings of the Board. Board members will be reimbursed for lodging
expenses and mileage incurred in attending such meetings.
Reimbursement
for mileage costs will be at the Board approved rate. While attending state and national conventions,
members will be entitled to receive reimbursement to help
defray certain actual out-of-pocket expenses, which must
be accounted for with proper explanation and receipts upon
submission of a certified district claim voucher. Such expenses shall include, but not be limited to,
the following: parking,
tolls, mileage at Board approved
rate, car rental, taxicabs, bus, rail, and/or air
transportation, actual cost of meals with receipts, when
said meals are not included in convention package, actual
cost of single lodging and other necessary expenses which
are proper in the performance of a member's official
duties. Sales
tax exemption certificates should be used when
appropriate.
Members of the Board
serve without compensation. However, individual Board members may participate
in the BOCES health insurance plan at their own expense
while serving on the Board. Pursuant to Education Law, Board members may elect
to participate in the health insurance plan at their own
expense upon retirement from the BOCES Board and after
twenty years of service. (See Board Policy 5220)
Adopted:
January 9, 2002
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SUBJECT:
ALLEGATIONS OF
FRAUD
1560
Reporting and Investigations of Allegations of
Fraud:
Upon
receipt of an allegation of financial
improprieties/fraud and/or wrongful conduct, the
Board or designated employee(s) will conduct a
thorough investigation of the charges. However,
even in the absence of a report of suspected
wrongful conduct, if the BOCES has knowledge of,
or reason to know of, any occurrence of
financial improprieties/fraud and/or wrongful
conduct, the BOCES will investigate such conduct
promptly and thoroughly. To the extent
possible, within legal constraints, all reports
will be treated as confidentially and privately
as possible. However, disclosure may be
necessary to complete a thorough investigation
of the charges and/or to notify law enforcement
officials as warranted, and any disclosure will
be provided on a “need to know” basis. Written
records of the allegation, and resulting
investigation and outcome will be maintained in
accordance with law.
Based
upon the results of this investigation, if the
BOCES determines that a school employee, school
official, or school officer has engaged in
financial improprieties/fraudulent and/or
wrongful actions, appropriate disciplinary
measures will be applied, up to and including
termination of employment, in accordance with
legal guidelines, BOCES policy and regulation,
and any applicable collective bargaining
agreement. Third parties who are found to have
engaged in financial improprieties/fraud and/or
wrongful conduct will be subject to appropriate
sanctions as warranted and in compliance with
law. The application of such disciplinary
measures by the BOCES does not preclude the
filing of civil and/or criminal charges as may
be warranted. Rather, when school officials
receive a complaint or report of alleged
financial improprieties/fraud and/or wrongful
conduct that may be criminal in nature, law
authorities should be immediately notified.
An
appeal procedure will also be provided, as
applicable, to address any unresolved complaints
and/or unsatisfactory prior determinations by
the applicable investigating officer(s).
Approved/Revised: 11/8/06
