Sex Discrimination and Sexual Harassment

SECTION 1: PURPOSE

Wainscott Common School District believes in the dignity of the individual and recognizes the rights of all people to equal employment opportunities in the workplace. In this regard, Wainscott Common School District is committed to a policy of protecting and safeguarding the rights and opportunities of all people to seek, obtain and hold employment without subjugation to sexual harassment or discrimination of any kind in the workplace. It is Wainscott Common School District’s policy to provide an employment environment free from unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communications which have the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment.

A. Scope of Policy. This policy applies to all Wainscott Common School District employees and all personnel in a contractual or other business relationship with Wainscott Common School District including for example, applicants, temporary or leased employees, independent contractors, vendors, consultants, volunteers, and visitors. Depending on the extent of Wainscott Common School District’s exercise of control, this Policy may be applied to the conduct of non-employees with respect to sexual harassment and/or sex discrimination of Wainscott Common School District employees in the workplace. The Policy applies with equal force on District property as it does at District-sponsored events, programs, and activities which take place off District premises.
B. Policy Objectives By adopting and publishing this Policy, it is the intention of the Wainscott Board of Education to:

(1) notify employees about the types of conduct which constitute sex discrimination or sexual harassment based on gender or sexual orientation prohibited by this Policy;
(2) inform employees about the complaint procedures established by the District which enable any employee who believes (s)he is the victim of sex discrimination or sexual harassment to submit a complaint which will be investigated by the District;
(3) clearly advise all supervisory staff, administrators, and employees that discriminatory treatment based on sex, sexual orientation, or sexual harassment of employees is strictly prohibited and no such person possesses the authority to harass or discriminate; and
(4) notify all employees that the District has appointed Compliance Officers for each District building who are specifically designated to receive complaints of discrimination based on sex or sexual harassment and ensure compliance with this Policy.

NOTE: The names and office location of each Compliance Officer designated to receive and investigate for the 2005-2006 school year are listed below at the end of this Policy (Section 10). The name and office location of each new Compliance Officer designated to receive and investigate complaints in subsequent years will be listed in the Policy & Procedure Manual.

SECTION 2: DEFINITIONS

“Prohibited Discrimination of Employees” Prohibited discrimination of employees can take the form of any negative treatment of an employee, by either a District employee or official, or a third party engaged in school-sponsored activities which: (a) negatively impacts a employee’s employment opportunities and/or employment benefits; and (b) is based upon the employee’s sex or sexual orientation. Prohibited discrimination of employees can also take the form of harassment even where there is no tangible impact upon the employee’s employment opportunities and/or employment benefits. The phrase “prohibited discrimination” as used in this Policy includes all forms of “prohibited harassment” (defined below)

“Sexual Harassment” Sexual harassment is prohibited including, but not limited to inappropriate forms of behavior described by the Equal Employment Opportunity Commission as follows:

(1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
(2) Submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting such individual (e.g., promotion, transfer, demotion, termination); or
(3) Such gender-based conduct has the purpose or effect of unreasonably interfering with an individual’s work performance, or of creating an intimidating, hostile or offensive working environment.

Specific forms of behavior that Wainscott Common School District considers sexual harassment are set forth below. Every conceivable example cannot be delineated herein, and thus the descriptions below should not be interpreted in any way as being all-inclusive.

Verbal: Abusive verbal language including jokes, comments, teasing or threats related to an employee’s sex, sexual activity, sexual orientation and/or body parts whether or not said in that person’s presence including, but not limited to: sexual innuendos; slurs; suggestive, derogatory, or insulting comments or sounds; whistling; jokes of a sexual nature; sexual propositions; threats; comments on a person’s appearance that makes the person feel uncomfortable because of his or her sex or sexual orientation; continuing to ask someone for dates or to meet after work after the person has made it clear that he or she does not want to go; sexually-oriented comments about an employee’s anatomy that are unwelcome, unreasonably interfere with an employee’s work performance, or create an intimidating, hostile or offensive work environment; and unwelcome sexual advances or demands for sexual favors.

Nonverbal: Abusive written language showing or displaying pornographic or sexually explicit objects or pictures; graphic commentaries; luring or obscene gestures in the workplace; staring at a person’s body in a sexually suggestive manner; sexually-related gestures or motions; sending sexually graphic material through the District e-mail system or other electronic communication devices (e.g., voice mail) or using the District’s mail or computers to view such material.

Physical: Unwelcome physical conduct, including but not limited to: petting, pinching, grabbing, holding, hugging, kissing, tickling, massaging, displaying private body parts, coerced sexual intercourse, assault, persistent brushing up against a person’s body, unnecessary touching and flashing or other unwelcome physical conduct.

While a single incident of these types of behavior may not create a hostile working environment, if such behavior is severe, persistent or pervasive, or if submission to such conduct is made either explicitly or implicitly a term or condition of employment or receipt of employment benefits, such conduct constitutes prohibited sexual harassment.

SECTION 3: POLICY

As with discrimination involving race, color, creed, religion, national,origin,disability, political affiliation, age, arrest record, and veteran or marital status, Wainscott Common School District prohibits discrimination on the basis of sex, or sexual orientation and will not tolerate any form of sexual harassment. Wainscott Common School District will take all steps necessary to prevent and stop the occurrence of sexual harassment and/or sex discrimination in the workplace.

While the overwhelming majority of unlawful sexual harassment is directed at women by men, the law equally protects men from sexual harassment by women, and same-sex sexual harassment.

All employees, including but not limited to, Wainscott Common School District officials and supervisory personnel, are responsible for ensuring a work environment free from sexual harassment and sex discrimination. All employees will be held responsible and accountable for avoiding or eliminating inappropriate conduct that may give rise to a claim of sexual harassment or sex discrimination. Employees are encouraged to report violations to one of the Compliance Officers listed in Section 10 of this Policy, in accordance with the Complaint Procedure set forth in this Policy. Officials and supervisors must take immediate and appropriate corrective action when instances of sexual harassment and/or sex discrimination come to their attention to assure compliance with this Policy.

Each employee is assured pursuant to Section 6 of this Policy, that retaliation against an individual who makes a complaint or report under this Policy is absolutely prohibited and constitutes, in and of itself, a violation of this Policy.

Any questions regarding the scope or application of this Policy should be directed to one of the Compliance Officers listed in Section 10 of this Policy.

SECTION 4: POLICY ENFORCEMNT

A. Complaint Procedure for Employees

1. Notification Procedure Prompt reporting of complaints or concerns is encouraged so that timely and constructive action can be taken before relationships become strained. Reporting of all perceived incidents of sexual harassment and/or sex discrimination is encouraged, regardless of the offender’s identity or position. An employee or other individual who feels aggrieved because of sexual harassment or sex discrimination has several ways to make his or her concerns known:

(a) An aggrieved person who feels comfortable doing so should directly inform the person(s) engaging in the harassment or discrimination that such conduct or communication is offensive and must stop.

NOTE: Confronting the offender is NOT required. All employees have the right to file a good faith complaint without first communicating with the offender.

(b) An aggrieved person who does not wish to communicate directly with the individual whose conduct or communication is offensive, or if direct communication with the offending party has been unavailing, shall contact his or her supervisor or a Compliance Officer listed in section 10 of this Policy, or a Building Principal, or the Superintendent of Schools.
(c) An aggrieved person alleging sexual harassment or discrimination by anyone with supervisory authority, or alleging failure of supervision to take immediate action on the individual’s complaint, shall contact one of the Compliance officers, a Building Principal, or the Superintendent of Schools.
(d) An aggrieved person who is a member of a collective bargaining unit, may also be entitled to file a grievance through the collective bargaining grievance procedure depending on the particular terms of the governing collective bargaining agreement. Such filing may not, in all cases, trigger an investigation pursuant to this Policy. Consequently, aggrieved persons are encouraged to simultaneously utilize the Complaint Procedure set forth herein, where appropriate.
2. Making a Complaint All complaints should be in writing. All employees are encouraged to use the District’s “Complaint of Alleged Discrimination” form. A copy of this form is attached to this Policy. Additional complaint forms can be obtained from any Principal’s office within the District, or from a Compliance Officer, with no questions asked. Because an accurate record of the allegedly objectionable behavior is necessary to resolve a complaint of prohibited discrimination, all complaints should be reduced to writing. If an employee has any questions or difficulty filling out the complaint form, (s)he can obtain assistance from any one of the Compliance Officers or a Principal. All complaints should include: the name of the complaining party, the name of the alleged offender(s), date of the incident(s), description of the incident(s), names of witnesses to the incident(s) and the signature of the complaining party.

Once the complaining party has completed and dated a complaint, with or without the assistance of one of the District’s Compliance Officers or Principals, the written complaint should be personally delivered to one of the District’s Compliance Officers or Principals or placed in their mailbox.

If for any reason an employee is uncomfortable submitting a written complaint to the Principal or Compliance Officer located in the building where the employee is generally assigned, the written complaint may be submitted, either by hand delivery or mail, to any one of the Compliance Officers listed in Section 10 below, to any Building Principal, or to the Superintendent of Schools who will then advise a Compliance Officer.

Complainants are expected to cooperate with the District’s investigation procedures by providing al relevant information relating to the complaint, as are other supervisory and non-supervisory employees having relevant or related knowledge or information.

B. Time for Reporting a Complaint Prompt reporting of all complaints is strongly encouraged. All employees should be aware that appropriate resolution of discrimination complaints and effective remedial action oftentimes is possible only when complaints are promptly filed. Furthermore, complaining parties should be aware that statutes of limitations may constrain the time period for instituting legal actions outside of this Policy.

C. Confidentiality and Privacy In recognition of the personal nature of discrimination complaint and the emotional impact of alleged discrimination, the District shall keep complaints as confidential as is consistent with a thorough investigation, applicable collective bargaining agreements, and other laws and regulations regarding employees. For the protection of all individuals who make complaints or are accused of prohibited discrimination, every witness interviewed during an investigation under this Policy will be advised of the confidentiality requirement and instructed not to discuss the complaint, the investigation, or the persons involved. To the extent complaints made under this Policy implicate criminal conduct, the District may be required by law to contact and cooperate with the appropriate law enforcement authorities.

D. Acknowledgment of Complaints Upon receipt of a written complaint, the Compliance Officer, Building Principal, or Superintendent of School should endeavor to contact promptly the complainant to confirm that the written complaint has been received. If the complainant does not receive such confirmation promptly, (s)he is encouraged to file a second written complaint or contact a Compliance Officer, Principal, or Superintendent. The purpose of this acknowledgement procedure is to ensure that all written complaints are received by authorized individuals, carefully processed and promptly investigated.

SECTION 5: INVESTIGATION PROCEDURES

A. Timing of Investigations The District will promptly investigate all allegations of sex discrimination and sexual harassment. The District will also attempt to complete investigations under this Policy promptly. The length of the investigation will depend upon the complexity and particular circumstances of each complaint.

B. Method of Investigation Investigations will be conducted by the District’s Compliance Officers, the District’s legal counsel, and/or other impartial persons designated by the Superintendent of Schools. The primary purposes of all investigations under this Policy will be to determine:

(1) Did the conduct complained of occur?
(2) Did the conduct complained of violate this Policy?; and
(3) What remedial or preventative steps, if any, are recommended?

Investigations may include: fact-finding interviews, document review, depositions, observations, or other reasonable methods. The District’s investigators should pursue reasonable steps to investigate each complaint in a thorough and comprehensive manner. Any notes, memoranda, or other records created by the District employees or agents conducting an investigation under this Policy shall be deemed confidential and privileged to the extent allowed by law.

C. Notification to Complaining Party and the Accused Party The Superintendent or his or her designee, shall notify the complainant of the outcome of the investigation promptly. Such notification shall be in writing, include a brief summary of the factual findings and, wherever possible, shall include a summary of any remedial measures that have been or will be taken by the District.

While reasonable efforts will be made to inform the complaining party about the outcome of investigations, the District will nonetheless consider the privacy rights of all parties involved in disseminating information obtained during and through the investigation.
The Superintendent or his or her designee, shall promptly notify the person accused of violating this Policy whether a violation of this Policy was found and what remedial measures, if any, will be taken by the District.

D. Remedial Measures The Wainscott Common School District’s primary goal in responding to complaints of prohibited discrimination under this Policy is prevention. This Policy is intended to prevent all forms of sex discrimination and sexual harassment in the District and put an end to any prohibited discrimination that is found to have occurred. While disciplinary action may be appropriate in certain instances, punitive measures are not the exclusive means for responding to prohibited discrimination. During the pendency of any investigation being conducted pursuant to this Policy, remedial measures may be taken if appropriate and necessary.

Any individual who is found to have engaged in prohibited discrimination or conduct which may be prohibited by this Policy, may receive education, training, counseling, warnings, discipline, or other measures designed to prevent future violations of this Policy. Disciplinary action may include: warnings, suspension, or discharge from employment. Any third party found to have engaged in sexual discrimination of an employee may be barred from District property.

SECTION 6: PROHIBITION AGAINST RETALIATION AND ABUSE OF THE
POLICY

Retaliation is strictly prohibited by this Policy and by law against anyone who in good faith reports a suspected violation of this Policy, who assists in making such a complaint, or who cooperates in a harassment or discrimination investigation. Retaliation means taking any adverse action in a response to a complaint being made.

Complaints of retaliation should be brought directly to a Compliance Officer, Building Principal or the Superintendent of School. Such complaints will be promptly investigated. If retaliation is found, the person retaliating will be subject to corrective action up to and including termination from employment, or in the case of a non-employee, an appropriate remedy up to and including termination of the business relationship.

Because of the damage that can be done to someone falsely accused, any individual who in bad faith knowingly makes a false complaint of sexual harassment or sex discrimination will be subject to disciplinary action up to and including termination from employment, or in the case of a non-employee, an appropriate remedy up to and including termination of the business relationship.

Because of the damage that can be done to someone falsely accused, any individual who in bad faith knowingly makes a false complaint or report of sexual harassment or sex discrimination will be subject to disciplinary action up to and including termination in accordance with legal guidelines, District policy, and any applicable bargaining agreement(s).

SECTION 7: APPEALS

Any complainant or accused party who wishes to appeal the procedures which the District followed in investigating a written complaint filed under this Policy, may do so within ten (10) days of receipt of the appellant’s notification of the investigation outcome. Untimely submissions shall not receive consideration. Such appeal must be made in writing to the Board of Education by submission to the District Clerk. The appellant shall be entitled to present evidence as to why the investigation procedures were flawed, improper, or otherwise not in compliance with this Policy. The Board’s consideration and review of any such appeal shall be conducted confidentially in executive session. Following a review of that evidence, as well as the information obtained in the investigation process and conclusions derived therefrom, the Board of Education, or its designee, shall render a decision. The Board’s decision shall be final. The appellant shall be notified of the decision in writing.

Nothing set forth in the Appeal Process above shall be construed to in any way confer upon either the complainant(s) or the person(s) accused of violating this Policy any right to appeal the District’s determination as to appropriate disciplinary and/or corrective action to be taken on meritorious complaints. In this regard, the District at all times retains sole discretion to determine the appropriate disciplinary and/or corrective action to be taken with regard to a meritorious complaint.

SECTION 8: RECORD KEEPING

The District shall maintain a written record of all complaints of sex discrimination and/or sexual harassment for a period of at least six years. The District shall also document the steps taken with regard to investigations, as well as conclusions reached and remedial action taken, if any. The District shall also maintain these documents for, at a minimum, six years.

The District records regarding alleged discrimination shall be maintained separate and apart from personnel records.

SECTION 9: QUESTIONS

Any questions by employees of the District about this Policy or potential discrimination should be brought to the attention of one of the District’s Compliance Officers or the Superintendent of Schools. The names, addresses, and telephone numbers of the District’s Compliance Officers are listed in Section 10 of this Policy.

SECTION 10: COMPLIANCE OFFICERS

Name Dr. Dominic Annacone Location Wainscott School

Telephone Number (631) 537-1080

SECTION 11: EFFECTIVE DATE AND POLICY DISSEMINATION

The effective date of this Policy shall be __________________. The Superintendent of School shall ensure that this Policy is adequately disseminated and made available to all employees of the District. This Policy shall be distributed at the beginning of each school year. In addition, copies of this Policy and Complaint Form shall be maintained in the office of each Compliance Officer and in the office of the Wainscott School building.

Upon the effective date of this Policy, the provisions of this Policy shall supersede and replace all prior District policies and regulations regarding employee sex discrimination, sexual harassment, and related complaint procedures.

Medicaid Compliance

  1. The School District prohibits any form of retaliation against, or intimidation of, any employee or agent for filing a bona fide report within the School District under this policy, requesting clarification about applicable laws or regulations, giving notice of non-compliance or wrongdoing regarding matters covered by this policy, assisting or participating in any investigation regarding compliance matters, or filing a report with a governmental agency. Persons who engage in such retaliation shall be subject to discipline.
  2. Reports of non-compliance or wrongdoing regarding matters covered by this policy may be made anonymously, but the School District encourages employees to identify themselves in order to aid in the investigative process. Employees who report suspected problems will be assured that retaliation for making such report is prohibited and that an individual who subjects an employee to such retaliation or intimidation will be subject to discipline under this policy.
  3. If, after investigating any report, the School District determines that the report is not bona fide, or that an employee has provided false information regarding such report, disciplinary action may be taken against the individual who filed the report or gave the false information. However, no employee shall be subject to disciplinary action solely on the basis that he or she mistakenly reported what he or she reasonably believed to be an act of wrongdoing or a violation of law or of the School District’s compliance standards or policies. An employee will be subject to disciplinary action only if it is determined that the report of wrongdoing was knowingly or willfully fabricated by the employee or was knowingly or willfully distorted, exaggerated, or minimized to either injure someone else or to protect himself or herself. An employee “knowingly” provides false information if he or she knows or reasonably should know that the information is false or intentionally or recklessly disregards whether or not the information is false.

Impartial Hearing Officer Appointment

The Board of Trustees will appoint impartial hearing officers (IHO), as needed, to hear complaints regarding the identification, evaluation, or placement of students with disabilities, or the provision of a free, appropriate public education to such a student in accordance with the rotational selection process and other applicable procedures described in the Commissioner’s Regulations.

Selection
The updated list of certified IHOs for this county promulgated by the New York State Education Department will be used in connection with requests for impartial hearings. The list shall also include the names of those other certified IHOs whose names appear on the state list and who have indicated to the district their interest in serving as an IHO in the district.
Upon receipt of a request for an impartial hearing, the rotational selection process for the IHO shall be initiated immediately and always within two (2) business days after receipt of such a written request. Should an IHO decline appointment, or if within 24 hours the IHO fails to respond or is unreachable after reasonable efforts by the District Clerk or designee, such efforts will be documented through independently verifiable efforts. The District Clerk or other person so designated, under the direction of the Board President, shall initiate the selection process by contacting the impartial hearing officer whose name first appears after the impartial hearing officer who last served. The District Clerk or designee shall canvass the list in alphabetical order as prescribed by the Regulations of the Commissioner of Education until an appointment is accepted.
An IHO on the district’s rotational list may not accept appointment unless he or she is available to:
1. Make a determination on the sufficiency of the due process complaint that will be heard at the hearing within five days of receiving such a request; and
2. Initiate the hearing within the first 14 days after either:
a. The date on which he or she receives written notice that the parents and the district waived their right to hold a resolution meeting to resolve their differences prior to commencement of the hearing, or met but were unable to reach agreement; or
b. The expiration of the 30-day period beginning with the receipt of the due process complaint, whichever occurs first.

Appointment
The Board President, or in his or her absence or inability most senior Trustee, will appoint an IHO immediately after the IHO selected from the rotational list indicates he or she is available.
The Board will rescind the appointment of an IHO and appoint a new one if the parties to the hearing mutually agree that the IHO is either incapacitated or otherwise unavailable or unwilling to continue the hearing or issue a decision. The appointment of a new IHO in such an instance will be made in accordance with the selection and appointment procedures established by this policy.

Compensation
The district shall compensate an impartial hearing officer for his or her services at the maximum rate established for such purpose by the Director of the Division of the Budget. Currently, this rate is $100.00 per hour for pre-hearing, hearing, and post-hearing activities. In addition, impartial hearing officers may be reimbursed for reasonable, actual and necessary expenses for automobile travel, meals and overnight lodging in accordance with the current district reimbursement rate set for district employees. Mailing costs associated with the hearing will also be reimbursed. The district will not reimburse impartial hearing officers for administrative assistance, secretarial or other overhead expenses.
Cancellation

The district shall attempt to provide an Impartial Hearing Officer with two (2) business days’ advance notice of the cancellation or re-scheduling of an impartial hearing. Should the district request the cancellation or re-scheduling of a hearing date an fail to provide an Impartial Hearing Officer within two (2) days’ notice, the district agrees to pay the Impartial Hearing Officer a fee of $100.00. The district shall not be responsible for costs associated with a parent’s or guardian’s cancellation or adjournment of a hearing.

A copy of this policy will be forwarded to the impartial hearing officer at the time of appointment.
Records relating to the IHO process including, but not limited to, the request for initiation and completion of each impartial hearing will be maintained by the district and such information will be reported to the Office of Vocational and Educational Services for Individuals with Disabilities of SED as required by the Commissioner’s Regulations.
Ref: 8 NYCRR §§200.2; 200.5; 200.21

Staff Computer Policy

The Wainscott Board of Trustees affirms the District’s commitment to preparing students for the 21st century and global society. Students need to be technologically literate to become successful, productive citizens and to succeed in an internationally competitive work force.

Educational technology is to be integrated into instruction and management to promote student learning, while enhancing both the teaching process and the operations of the school district. Through the use of such technology, instruction will be delivered so that students and District personnel can access and process information as well as manage and communicate information.

The applicable use of computers and technology will be communicated to all users throughout the District. The use of computers and network will provide for the facilitation of the exchange of information to further communication, education and research. The messages and documents residing within created and/or transmitted on any computer or network may be subject to the District’s review and monitoring. The District administration reserves the right to supervise the use of all computers, network, and to inspect the information and content they contain. A Computer, Network and Internet Use Agreement Authorization Form must be completed by each person requesting access to the district’s computers or networks. Any use without authorization is prohibited.

Use of District computers and network for private or commercial business, political or religious purposes is prohibited. Use of District computers and/or network for illegal activity or to access or transmit obscene or pornographic material is prohibited. Transmitting or storing offensive or objectionable material is prohibited on District computers or network; the District’s determination as to whether the nature of the material is considered offensive or objectionable is to be considered as final. Using programs that harass users or infiltrate a computing system and/or damage the hardware or software components is prohibited.

Any use of District computers that access outside resources must conform to the terms and conditions of the Wainscott Common School District’s Computer, Network and Internet Use Policy. Subscribers to listservs, bulletin boards, and on-line services must be pre-approved by the District.

Acceptable Use
The purpose of the internet and digital technologies are to support research and education in and among academic institutions in the U.S. by providing access to unique resources and the opportunity for collaborative work. The use of your account must be in support of education and research and consistent with the educational objectives of the Wainscott Common School District

Privileges, Rights and Responsibilities
The use of the District’s computer and internet resources is a privilege. It is expected that all individuals utilizing the District’s computers, digital technologies, and network will undertake responsibility for their actions and words and will, furthermore, respect the rights and privileges of all network users. Users need to familiarize themselves with these responsibilities. Failure to adhere to them may result in the loss of network and/or computer privileges, suspension, and possible legal actions.
 Never share your password, account, or log on for anyone. You have full responsibility for the use of your account.
 Do not quote personal communications without the original author’s prior consent.
 Honor all rules of copyright and personal property.
 Use of computers for illegal activities or for commercial gain is prohibited.
 Avoid the spread of spyware computer viruses – you are responsible to take precautions to prevent viruses on the school’s equipment.
 Cyberbullying will not be tolerated.
 Documents and/or mail should be deleted regularly in order to conserve file space.
 There is to be no expectation of privacy with regard to the use of district computers, network, or materials created or contained therein.
 Interpretation, application and modification of this policy is within the sole discretion of the Wainscott Common School District.
 Installation of software is allowed only by the District’s administration, and should not be undertaken by any other user unless authorized by administration.

The District will submit an Authorization Form to all staff, stating the agreement for use of the district’s computer, network and internet resources. The District will have the staff member execute the user agreement, and the District will provide for the promulgation of the guidelines stated in the policy.

Adoption date: July 15, 2013

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

Translate »