Purchasing Procedures Regulation

The purchasing of materials, equipment, or supplies shall be governed by the following list of functions:

FUNCTION                                                                               PERFORMED BY

Requisition                                                                                 Initiated by user
Sent to Superintendent for approval

 

Specifications                                                                            Prepared in detail by requisitioner after
consultation with Superintendent and
made available to prospective contractors or vendors

 

Bids or quotations                                                                    Checked and tabulated by Purchasing Agent and after                                                                                                                                        review with the requisitioner
Recommendations made to the Board on formal bids

 

Contract or purchase                                                               Contracts approved by the Board and
order                                                                                            signed by designated Board official or Superintendent of Schools

 

Receipt of goods                                                                        District Clerk signs bill and approves for payment                                                                                                                                               upon satisfactory delivery of goods and/or services

 

Invoice                                                                                         Checked for price and quantity by District Clerk

 

Invoice approved                                                                       Purchasing agent signs voucher and submits to                                                                                                                                                  Business Manager for payment

Purchasing Procedures

Only through the use of efficient purchasing procedures can the school district ensure that needed goods and services are acquired in the most economical manner. The Board of Trustees directs the Superintendent of Schools to develop administrative regulations on how purchasing is to be done in the district.

All purchasing is to be done by the Purchasing Agent on an official voucher or pre-numbered purchase order. Checks are always to be voided manually and retained for audit.

The Purchasing Agent is authorized to issue vouchers and purchase orders without approval of the Board when formal bidding procedures are not required by law and budget appropriations are adequate to cover such obligations.

Ref: Office of the State Comptroller – Financial Management Guide

Purchasing Authority

The Board of Trustees designates the Superintendent of Schools as Purchasing Agent for the school district. The Board shall formally designate the individual named as purchasing agent at the annual reorganizational meeting, which will be recorded in the minutes of that meeting. If the individual so named becomes unable to fulfill the duties during the course of the year, the Board will designate another purchasing agent that the next Board meeting. The Purchasing Agent will be responsible for administering all purchasing activities and ensuring the quality and quantity of purchases made by the district.

All purchases shall be made through the Purchasing Agent.

The Purchasing Agent is authorized to issue purchase orders without prior approval of the Board when formal bidding procedures are not required by law and budget appropriations are adequate to cover such obligations.

The Purchasing Agent shall be responsible for preparing all bid specifications and a statement of general bidding conditions to be included in every notice or invitation to bid. If there are questions concerning specifications, the Purchasing Agent will consult with the requisitioner to clarify the matter so as to ensure that the appropriate goods or services are obtained.

Ref: General Municipal Law §104-b(2)(f)

Purchasing

The Board of Trustees views purchasing as serving the educational program by providing necessary supplies, equipment and related services.

It is the goal of the Board to purchase competitively, without prejudice or favoritism, and to seek the maximum educational value for every dollar expended. Competitive bids or quotations shall be solicited in connection with purchases pursuant to law. The General Municipal Law requires that purchase contracts for materials, equipment and supplies involving an estimated annual expenditure exceeding $20,000, and public work contracts involving an expenditure of more than $35,000 will be awarded only after responsible bids have been received in response to a public advertisement soliciting formal bids. Purchases of the same commodity cannot be artificially divided for the purpose of avoiding the threshold. Similar procurements to be made in a fiscal year will be grouped together for the purpose of determining whether a particular item must be bid.

The district’s purchasing activity will strive to meet the following objectives:
o To effectively supply all employees with needed materials, supplies and contracted services;
o To obtain materials, supplies and contracted services at the lowest prices possible consistent with the quality and standards needed as determined by the Purchasing Agent in conformance with state law and regulation and in cooperation with the requisitioning authority. The educational and physical welfare of the students is the foremost consideration in making any purchase;
o To ensure that all purchases fall within the framework of budgetary limitations and that they are consistent with the educational goals and programs of the district;
o To maintain an appropriate and comprehensive accounting and reporting system to record and document all purchasing transactions; and
o To ensure, through the use of proper internal controls, that loss and/or diversion of district property is prevented.

Opportunities shall be provided to all responsible suppliers to do business with the school district. Suppliers whose place of business is situated within the district may be given preferential consideration only when bids or quotations on an item or service are identical as to price, quality and other factors. Purchases will be made through available cooperative BOCES bids, state contracts of the Office of General Services or county contracts whenever such purchases are in the best interests of the district.

In order to ensure that the district avails itself of advantageous purchasing opportunities, the Board authorizes the Purchasing Agent to represent the district in applying for federal programs designed to discount prices for goods and services. As with all purchasing activity, appropriate documentation of the application and purchase through any federal program will be maintained by the Main Office.

Competitive Bidding

Purchase contracts and public works contracts subject to competitive bidding will be awarded to the lowest responsible bidder; however, the Board authorizes that purchase contracts may be awarded on the basis of best value, as defined in State Finance Law §163. The Board retains the right to reject all bids.

In addition, the Board authorizes the receipt of sealed bids for purchase contracts in electronic format, pursuant to the provisions of General Municipal Law §103(1) which addresses proper documentation, authentication, security, and confidentiality of electronic bids.

The district shall comply with the requirements of General Municipal Law §103-g, which prohibits, with few exceptions, competitive bidding contracts with entities that invest significantly in the Iranian energy sector, as outlined in the accompanying regulation.

Competitive bidding, even if the dollar value of the purchase meets the threshold established above, is not required in the following circumstances:

o Emergencies where time is a crucial factor;
o Procurements for which there is no possibility of competition (sole source items); or
o Professional services that require special skill or training

Purchasing when Competitive Bidding is Not Required

Goods and services which are not required by law to be procured by the district through competitive bidding will be procured in a manner so as to ensure the prudent and economical use of public monies, in the best interests of the taxpayers, to facilitate the acquisitions of goods and services of maximum quality at the lowest possible cost under the circumstances, and to guard against favoritism, improvidence, extravagance, fraud and corruption.

Alternative proposals or quotations will be secured by requests for proposals, written or verbal quotations or any other appropriate method of procurement, except as permitted by state law for procurements:

o Under a county contract
o Under a state contract
o Under a federal contract
o Under a contract of another political subdivision
o Of articles manufactured in state correctional institutions or
o From agencies for the blind and severely disabled.

The district will provide justification and documentation of any contract awarded to an offeror other than the lowest responsible dollar offeror, setting forth the reasons why such award is in the best interests of the district and otherwise furthers the purposes of section 104-b of the General Municipal Law.

General Purchasing Provisions

The Superintendent of Schools, as Purchasing Agent, shall be responsible for the establishment and implementation of the procedures and standard forms for use in all purchasing and related activities in the district. Such procedures shall comply with all applicable laws and regulations of the state and the Commissioner of Education.

No Board member, officer or employee of the school district shall have an interest in any contract entered into by the Board or the district, as provided in Article 18 of the General Municipal Law unless disclosed to the Board of Trustees prior to entering into that contract.

The unintentional failure to fully comply with the provisions of section 104-b of the General Municipal Law or the district’s policies regarding procurement will not be grounds to void action taken nor give rise to a cause of action against the district or any officer or employee of the district.

Ref: Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Public Law 111-95)
Education Law §§305(14); 409-I; 1604(29-a); 1709(4-a)(9)(14)(22); 2503(7-a); 2554(7-a)
General Municipal Law §§102; 103; 103-g; 104; 104-b; 109-a; 800 et seq.
State Finance Law §§97-g(3), (4), (5); 163; 163-b; 165-a
County Law §408-a(2)

Investments Regulation

Authorized Investments

 

The District Treasurer is authorized to invest all available district funds, including proceeds of obligations and reserve funds, in the following types of instruments:

 

  • Savings Accounts or Money Market accounts of designated banks;
  • Certificates of Deposit issued by a bank or trust company located in and authorized to do business in New York State
  • Demand deposit accounts in a bank or trust company located in and authorized to do business in New York State
  • Obligations of New York State
  • Obligations of the United States government (US Treasury Bills and Notes)

 

Conditions

 

All investments made pursuant to this investment policy will comply with the following conditions:

 

  1. Collateral
    1. Savings accounts, money market accounts, time deposit accounts and certificates of deposit will be fully secured by insurance of the Federal Deposit Insurance Corporation or by obligations of New York State, the United States, New York State school districts and federal agencies whose principal and interest are guaranteed by the United States. The market value of collateral will at all times exceed the principal amount of the certificate of deposit. Collateral will be monitored no less frequently than on a monthly basis.
    2. Collateral will not be required with respect to the direct purchase of obligations of New York State, the United States and federal agencies, the principal and interest of which are guaranteed by the United States Government
  2. Delivery of Securities

Payment of funds may only be made upon receipt of collateral or other acceptable form of security, or upon the delivery of government obligations whether such obligations are purchased outright, or pursuant to a repurchase agreement. Written confirmation of delivery shall be obtained from the custodial bank.

  1. Written Contracts

Written contracts are required for certificates of deposit and custodial undertakings. With respect to the purchase of direct obligations of U.S., New York State, or other governmental entities in which monies may be invested, the interests of the school district will be adequately protected by conditioning payment on the physical delivery of purchased securities to the school district or custodian, or in the case of book-entry transactions, on the crediting of purchased securities to the Custodian’s Federal Reserve System account. All purchases will be confirmed promptly in writing to the school district.

  1. Designation of Custodial Bank
    1. The Board will designate a commercial bank or trust company authorized to do business in the State of New York to act as Custodial Bank of the school district’s investments. However, securities may not be purchased through a Repurchase Agreement with the Custodial Bank.
    2. When purchasing eligible securities, the seller will be required to transfer the securities to the district’s Custodial Bank.
  2. Selection of Financial Institutions
    1. The District Treasurer will periodically monitor, to the extent practical but not less than annually, the financial strength, credit-worthiness, experience, size and any other criteria of importance to the district, or all institutions and trading partners through which the district’s investments are made.
    2. Investments in time deposits and certificates of deposit are to be made only with commercial banks or trust companies, as permitted by law.
  3. Operations, Audit, and Reporting
    1. The District Treasurer will authorize the purchase and sale of all securities and execute contracts for investments and deposits on behalf of the school district. Oral directions concerning the purchase or sale of securities will be confirmed in writing. The school district will pay for purchased securities upon the simultaneous delivery or book-entry thereof.
    2. The school district will encourage the purchase and sale of securities through a competitive process involving telephone solicitation for at least three quotations.
    3. Monthly investment reports will be furnished to the Board of Trustees.

 

 

Adoption date:           August 21, 2013

Investments

The objectives of the district’s investment policy are to safeguard district funds and to minimize risk, to ensure that investments mature when cash is required to finance operations, and to ensure a competitive rate of return. In accordance with this policy, the District Treasurer is authorized to invest and/or deposit all funds, including proceeds of obligations and reserve funds, in time-deposit accounts, certificates of deposit, short-term government securities or other investment instruments permitted by law, subject to the investment regulations approved by the Board of Trustees.

To the extent feasible, investments and deposits shall be made in and through local or regional financial institutions. Concentration of investments in a single financial institution should be avoided. Diversification of investments and deposits is encouraged.

This policy will be reviewed annually by the Board and may be amended from time to time in accordance with the provisions of section 39 of the General Municipal Law.

Ref: Education Law §§1604-a; 1723-a; 3651; 3652
Local Finance Law §§24.00, 25.00, 165.00
General Municipal Law §§6(d), 6(j); 6(l-n, p, r); 10; 11; 39

Adoption date: August 21, 2013

Code of Ethics

CODE OF ETHICS FOR ALL DISTRICT PERSONNEL

General Provisions
Pursuant to the provisions of General Municipal Law Section 806, the Board of Education of the Wainscott Common School District recognizes that there are rules of ethical conduct for members of the Board and employees of the District that must be observed if a high degree of moral conduct is to be obtained in our unit of local government. It is the purpose of this resolution to promulgate these rules of ethical conduct for the Board members and employees of the District. These rules shall serve as a guide for official conduct of the Board members and employees of the District. The rules of ethical conduct of this resolution, as adopted, shall not conflict with, but shall be in addition to any prohibition of General Municipal Law Article Eighteen or any other general or special law relating to ethical conduct and interest in contracts of Board members and employees.

Standards of Conduct
Every Board member or employee of the Wainscott Common School District shall be subject to and abide by the following standards of conduct:

Gifts

Pursuant to General Municipal Law Section 805-a, he/she shall not, directly or indirectly, solicit any gift or accept or receive any gift having a value of seventy-five dollars ($75) or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the gift was intended or expected to influence him/her in the performance of official duties or was intended as a reward for any official action on his/her part.

Confidential Information
He/she shall not disclose confidential information acquired by him/her in the course of his/her official duties or use such information to further his/her personal interest.

Disclosure of Interest in Contracts
Any District officer or employee, as well as his/her spouse, who has, will have, or later acquires an interest in any actual or proposed contract, purchase agreement, lease agreement or other agreement, including oral agreements, with the District shall publicly disclose the nature and extent of such interest in writing to his/her immediate supervisor and to the Board of Education as soon as he/she has knowledge of such actual or prospective interest. Such written disclosure shall be made part of and set forth in the Board minutes.

Representation before one’s own agency
He/she shall not receive, or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any municipal agency of which he/she is an officer, member or employee or of any municipal agency over which he/she has jurisdiction or to which he/she has the power to appoint any member, officer or employee.

Representation before any agency for a contingent fee
He/she shall not receive, or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any agency of his/her municipality, whereby his/her compensation is to be dependent or contingent upon any action by such agency with respect to such matter, provided that this paragraph shall not prohibit the fixing at any time of fees based upon the reasonable value of services rendered.

Disclosure of interest in resolution
To the extent that he/she knows thereof, a member of the Board of Education or employee of the Wainscott Common School District, whether paid or unpaid, who participates in the discussion or gives official opinion to the Board of Education on any resolution before the Board of Education shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he/she has in such resolution.

Investments in conflict with official duties
He/she shall not invest or hold any investment directly or indirectly in any financial, business, commercial, or other private transaction, that creates a conflict with his/her official duties.

Private employment
He/she shall not engage in, solicit, negotiate for or promise to accept private employment or render services for private interests when such employment or service creates a conflict with or impairs the proper discharge of his/her official duties.

Future employment
He/she shall not, after the termination of service or employment with the School District, appear before any board or agency of the Wainscott Common School District in relation to any case, proceeding, or application in which he/she personally participated during the period of his/her service or employment or which was under his/her active consideration.

Legal Remedies

District Officers
In accordance with the Penal Law 60.27(5), if a District officer is convicted of a violation against the District under Penal Law Article 155 relating to larceny, the courts may require an amount of restitution up to the full amount of the offense or reparation up to the full amount of the actual out-of- pocket loss suffered by the District.

Board Members and Employees
Nothing herein shall be deemed to bar or prevent the timely filing by a present or former Board member or employee of any claim, account, demand or suit against the Wainscott Common School District, or any agency thereof on behalf of himself/herself or any member of his/her family arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law.

Distribution/Posting of Code of Ethics
The Superintendent of the Wainscott Common School District shall cause a copy of this code of ethics to be distributed to every Board member and employee of the School District within thirty (30) days after the effective date of this resolution. Each Board member and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his/her office or employment. The Superintendent shall also cause a copy of General Municipal Law, Article 18, to be kept posted in each building in the District in a place conspicuous to its Board members and employees. Failure to distribute any such copy of this code of ethics or failure of any Board member or employee to receive such copy, as well as failure to post any such copy of General Municipal Law, Article 18, shall have no effect on the duty of compliance with such code or Article 18, nor with the enforcement of provisions thereof.

Penalties
In addition to any penalty contained in any other provision of law, any person who shall knowingly and intentionally violate any of the provisions of this code may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law.

Effective Date
This resolution shall take effect immediately
Adopted:
Education Law Section 410
General Municipal Law Article 18 and Section 803 Labor Law 201-d
Penal Law Article 155 and Section 60.27(5)

Petty Cash Account

A $200 petty cash fund shall be established for the school for the purchase of materials, supplies or services under conditions requiring immediate payment. The amount of individual reimbursement from the fund will not exceed fifty (50) dollars unless authorized by the Superintendent of Schools. The Board of Trustees shall appoint a custodian for the petty cash fund who shall administer and be responsible for such fund.

To ensure that the fund is properly managed, the following guidelines shall be followed:

  • Receipts and cash-on-hand must always total the authorized fund amount. All disbursements from the fund are to be supported by receipted bills or other evidence documenting the expenditure.
  • Payments may be made from petty cash for materials, supplies, or services requiring immediate payment. Sales tax on purchases will not be paid by the school district from petty cash funds.

The district shall reimburse uses of petty cash funds up to the extent of expenditures, with appropriate documentary support. The Purchasing Agent shall sign off on all uses of petty cash funds requested by others. The Business Manager shall reimburse the petty cash fund when necessary.

Ref: Education Law §1604(26)
8 NYCRR §170.4

Adoption date: August 21, 2013

Lice Protocol

On Wednesday, November 29, 2017, the Wainscott Board of Education held a special meeting to hear your concerns about how incidents of head lice are handled in the School House.  We appreciate that many of you were able to join us for this conversation.

The concerns/questions most frequently asked:

What do we do when we learn that a student has head lice?
Parent/guardian is contacted and asked to pick up child and begin treatment immediately.

What do we do if a child cannot be picked up immediately or we are unable to reach a listed contact?
The child remains in class.  Staff discretely monitors students’ proximity to one another.  We make sure that we speak with a parent/guardian to inform them of the situation and to let them know the child needs treatment.

Is the bus company notified when we have an occurrence of head lice?
We checked with the bus company and they are not notified by other districts.

When is the child allowed to return to school?
Most treatments are effective after application and the child can return to school the day after receiving treatment.  We will request that the parent bring the child to school the day after treatment, and that they provide us with the packaging from the treatment that was used.  If they are unable to bring their child to school, we will request that the child bring the packaging to school with them.

Who checks the child before they go back to class?
The school nurse will be notified that there was a case of head lice.  She will be here (based upon her availability) to check the child before returning to class.  If it is still an active case, the parent/guardian will be asked to take the child home for additional treatment.

We will advertise for a substitute Registered Nurse for enhanced availability for any necessary inspections

What will we do if we have a case that is persistent and does not appear to respond to treatment?
We will work with the family to find the appropriate treatment and/or resources needed to address the situation

Emergency contact cards were recently sent home for verification and updating (if needed).  If you have not yet returned your card, please do so as soon as possible.  It is important that we have accurate contact names and numbers.  If you do not return your card, we will contact you directly.
Future communication regarding this issue will be on Wainscott School letterhead and will reflect our procedures.
If you have any questions regarding this communication, please do not hesitate to contact us directly.

Wishing you a wonderful holiday season,

Deborah A. Haab

School Superintendent

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