Policies

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)

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)

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

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 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)

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

The Board of Trustees will make certain that professional services are secured in a manner that protects the integrity of the process, ensures the prudent use of taxpayer dollars and provides a high quality standard of service, in accordance with law and regulation. Professional services are defined as services requiring special skill and/or training, such as legal services, medical services, auditing services, property appraisals or insurance.

Purchasing professional services does not require competitive bidding. The Board directs the Superintendent of Schools to take measures to ensure that a highly qualified professional is secured through the prudent and economical use of public money, which may include:

• Reviewing trade journals
• Checking professional listings; and/or
• Inquiring of other districts or other appropriate sources.

The designated district staff will prepare a comprehensive written request for proposals (RFP) which will contain critical details of the services sought. The RFP will specify that the proposal include the structure of the relationship between the district and the provider, including, if applicable, the terms of the retainer, the hourly fees, and other associated costs.

In reviewing the RFPs, the district will consider, at a minimum, the following factors:

• The suitability of the individual/firm for the district’s needs
• The special knowledge or expertise of the individual/firm
• The credentials and applicable certifications of the individual/firm
• The quality of the service provided by the individual/firm
• Cost
• The staffing available from the firm or the time available from the individual.

The district will periodically, but not less frequently than every three years, issue professional service RFPs and may conduct interviews as part of the RFP process. The written proposals submitted by applicants shall be maintained for at least three (3) years.

The Superintendent, after a thorough review of the proposals, will recommend the professional service provider best suited to the district to the Board for its approval.

Regardless of when during the year the professional service provider was engaged by the Board, at the annual Reorganizational Meeting the Board will appoint the attorney, physician, or other professional, as applicable. Professional service providers selected and appointed in this manner will not be considered employees of the district.

The Superintendent is charged with developing administrative procedures to implement this policy.

Ref: General Municipal Law §104-b

2 NYCRR §§315.2, 315.3

Trane Co. v Broome County, 76 A.D. 2d 1015

Appeal of Lombardo, 38 Educ. Dept. Rep. 730

Opn. St. Comp. 92-33

Adoption Date: August 21, 2013

Introduction

The Wainscott Common School District Code of Conduct was developed by the Site-Based Management Team to express in writing the goals of the Wainscott CSD School Board, which are to provide a safe and orderly school environment where students may receive and district personnel may deliver quality educational services without disruption or interference. Responsible behavior by students, teachers and other district personnel, parents, and other visitors is essential to achieving this goal.

The District has a long-standing set of expectations for conduct on school property and at school functions. These expectations are based on the principles of civility, mutual respect, citizenship, character, tolerance, honesty and integrity. The Board recognizes the need to clearly define these expectations for acceptable conduct on school property, to identify the possible consequences of unacceptable conduct, and to ensure that discipline when necessary is administered promptly and fairly. To this end, the Board adopts this Code of Conduct (“Code).

Unless otherwise indicated, this code applies to all students, school personnel, parents and other visitors when on school property or attending a school function or school-sponsored or co-sponsored event.

Student Rights and Responsibilities

Rights

The District is committed to safeguarding the rights given to all students under state and federal law.

Responsibilities

All district students have the responsibility to:

• Contribute to maintaining a safe and orderly school environment that is conducive to learning and to show respect to other persons and to property.
• Be familiar with and abide by all district policies, rules and regulations dealing with student conduct.
• Attend school every day unless excused by a parent or guardian, and be in class, on time, and prepared to learn.
• Work to the best of their ability in all academic and extracurricular pursuits and strive toward their highest level of achievement possible.
• React to direction given by teachers, administrators and other school personnel in a respectful, positive manner.
• Work to develop mechanisms to control their emotions.
• Ask questions when they do not understand.
• Seek help in solving problems that might lead to discipline.
• Dress appropriately for school and school functions.
• Accept responsibility for their actions.
• Conduct themselves as representatives of the district when participating in or attending school0-sponsored extracurricular events and to hold themselves to the highest standards of conduct, demeanor, and sportsmanship.

Essential Partners

Parents/Guardians

All parents and guardians are expected to:

• Recognize that the education of their child is a joint responsibility of the parents and the school community.
• Send their children to school ready to participate and learn.
• Ensure their children attend school regularly and on time ready to participate and learn.
• Ensure absences are excused.
• Insist their children be dressed and groomed in a manner consistent with the student dress code.
• Help their children understand that, in a democratic society, appropriate rules are required to maintain a safe, orderly environment.
• Know school rules and help their children understand them.
• Convey to their children a supportive attitude toward education and the district.
• Build good relationships with teachers, other parents and their children’s friends.
• Help their children deal effectively with peer pressure.
• Inform school officials of changes in the home situation that may affect student conduct or performance.
• Provide a place for study and ensure homework assignments are completed.

Teachers/Student Support Service Providers/Other School Personnel

All district teachers/student support service providers and other school personnel are expected to adhere to the Code of Conduct.

Superintendent of Schools

The Superintendent of Schools is expected to adhere to the Code of Conduct.

Board of Trustees

All Trustees are expected to adhere to the Code of Conduct.

The Board of Trustees will perform the claims audit function for the district.

The claims audit function formally examines, allows or rejects all accounts, charges, claims or demands against the school district. The auditing process should determine:

That the proposed payment is for a valid and legal purpose
That the obligation was incurred by an authorized district official
That the items for which payment is claimed were in fact received or, in the case of services, that they were actually rendered
That the obligation does not exceed the available appropriation, and
That the submitted voucher is in proper form, mathematically correct, does not include previously paid charges or tax, and is in agreement with the voucher or purchase order or contract upon which it is based.

Ref: Education Law §§1604(35)

8 NYCRR §170.2

Matter of Levy, 22 EDR 550 (1983)

Adoption date: August 21, 2013

The transfer of funds between and within functional unit appropriations of the General Fund is commonly required during the school year. The Superintendent of Schools, based on the recommendation of the Business Manager, is authorized to make budget transfers, not to exceed $25,000.00 between line item accounts. The Superintendent of Schools will present all transfers in excess of $25,000.00 to the Board at its next regular meeting for approval.

Each time the Superintendent of Schools approves a transfer of funds, such transfer will be reviewed by the Board at its next regular meeting.

Ref: Education Law §1718

8 NYCRR §170.2(1)

Adoption date: August 21, 2013