BOARD OPERATIONAL GOALS

            The Board of Education, as a legally constituted body of elected representatives, bears the responsibility of setting policy for the school district.  The Board acts in accordance with authority and responsibility vested in it by federal and state laws, rules, and regulations on behalf of the district's citizens.

            In order to ensure that its educational programs provide all students with a high-quality education, the Board hereby establishes as its goals:

1.         to work closely with the community to ensure that Board actions and performance take into consideration the concerns and aspirations of the community;

2.         to identify the educational and technological needs of the community and industry, and to transform such needs into programs aimed at stimulating students and preparing them for future careers;

3.         to employ a Superintendent of Schools capable of ensuring that the district maintains its position as an outstanding school system, and that school personnel carry out the policies of the Board with energy and dedication;

4.         to provide leadership in order that goals and objectives of the district, as set forth by the Board, can be effectively carried out.  Board action should be confined to policy-making, planning and appraisal with the Board delegating authority to the Superintendent for the implementation of policies; and

5.         to evaluate the Board's performance in relation to these goals, and to establish and clarify policies based upon the results of such evaluation.

Adoption date: December 16, 1997

                                   SCHOOL BOARD LEGAL STATUS

            The legal status of the Board of Education is that of a corporate body established pursuant to the laws of New York State.  Any liability of the district is a liability of the Board of Education as a corporation and not that of the members of the Board as individuals. 

            The Board is a nine-member board elected by district residents.  Each member of the Board serves for three years.  The terms of office of Board members shall not all expire in the same year.  Board members are responsible for school district management and policy-making.

Ref:      Education Law §§1701; 1702; 1703; 1804(i); 2101(2); 2105

Adoption date: December 16, 1997

                             SCHOOL BOARD POWERS AND DUTIES

            The Board of Education is the governing body of the school district.  The Board is entrusted with the responsibility of developing policies under which the district is managed.

            The powers and duties of the Board are as stated in the Education Law and other applicable New York State law.

            Final authority on all district educational matters, except as restricted by law, will be vested in the Board.  The Board may also enter into contracts and agreements in conformity with state law.

Cross-ref:         2111, Board Member Authority

Ref:      Education Law §§1604; 1604-a; 1701; 1708; 1709; 1710

Adoption date: December 16, 1997

SCHOOL BOARD ACCESS TO PERSONNEL RECORDS

            In accordance with the Regulations of the Commissioner of Education, members of the Board of Education may review employee personnel records only for the purpose of aiding the members to fulfill their legal responsibilities in making decisions in such employee personnel matters as appointments, assignments, promotions, demotions, remuneration, discipline or dismissal, or to aid in the development and implementation of personnel policies, or such other uses as are necessary to enable the Board to carry out legal responsibilities. 

            Board members may review employee personnel records provided:

1.         the Superintendent of Schools is requested in advance to present the personnel records at a regularly scheduled open meeting of the Board;

2.         the records are reviewed during an executive session;

3.         the personnel records are returned in their entirety to the Superintendent at the conclusion of the Executive Session; and

4.         no reproduction of the record is made and no written notes are taken of the contents of employee personnel records.

            The information contained in such records shall only be used by the Board for the purpose of aiding Board members in decisions regarding personnel employment matters, such as appointments, assignments, promotions, demotions, remuneration, discipline or dismissal; development and implementation of personnel policies; or such other uses as are necessary to enable the Board to carry out its legal responsibilities.

Cross-ref:  9160, Personnel Records

Ref:      Education Law §§1604; 1604--a; 1701; 1708; 1709; 1710

            8 NYCRR, Part 84

            Gustin v. Joiner, 95 Misc. 2d 277 (1978), aff'd 68 AD2d 880 (1978)

            Matter of Bruno, 4 EDR 14 (1964)

Adoption date: December 16, 1997

                                     BOARD MEMBER AUTHORITY

            Members of the Board of Education have legal authority for the conduct of the district schools only when acting as a body, by majority vote, in a properly convened session.

            Board members acting as individuals have no authority over school affairs or school personnel. The Board will not be bound in any way by any individual's statement or action unless the Board, through adopted policy or by  majority vote, has delegated this authority to the individual member.

            Members of the Board are free to speak as individuals on issues related to school affairs, but when doing so are expected to communicate clearly that any such expression represents their own individual view and not the view of the Board.  

            Every Board member is expected to sign and abide by the School Board Member Code of Conduct.

Cross-ref:         2110, School Board Powers and Duties

                        2330, Executive Sessions

Ref:      Education Law §§1604; 1701; 1708; 1709; 1710

            General Municipal Law §805-a

            Matter of Bruno, 4 EDR 14 (1964)

Adoption date: December 16, 1997

                                 BOARD MEMBER SCHOOL VISITS

            Unless specifically authorized to act on behalf of the Board of Education, an individual Board member has no right to make an official visit to the schools for the purposes of inspecting the schools, gathering information, or giving directions to any employee of the schools.  The individual Board member’s rights are no greater or different from those of any other individual.  As such, individual Board members shall provide advance notice of a school visit to the Building Principal and shall notify the Principal upon entering the building.  Concerns or opinions related to the education program in individual school buildings shall be directed to the Superintendent of Schools.

Cross-ref:         1240, Visitors to the Schools

                        2250, Board Committees

Ref:      Matter of Bruno, 4 EDR 14 (1964)

Adoption date: December 16, 1997

                                      SCHOOL BOARD ELECTIONS

            The elections of members of the Board of Education shall be held on the third Tuesday in May, unless this date conflicts with religious observances on that day, in which case it shall be held on the second Tuesday in May.  The polls shall be open for those hours designated by the district.  The following items shall be voted upon:

1.         the annual budget,

2.         any vacancies on the Board of Education, and

3.         any special propositions that have been properly presented.

Cross-ref:         1050, Annual District Meeting and Election

                        6120, Budget Hearing

Ref:      Education Law §§2012; 2013; 2014; 2018; 2018-a; 2019-a; 2031; 2035

Adoption date: December 16, 1997

Revision date: September 21, 1999

CANDIDATES AND CAMPAIGNING

Nominations

            Candidates for the office of member of the Board of Education shall be nominated by petition.  Such petition shall be directed to the District Clerk, shall contain the signatures and addresses of at least 25 qualified voters of the district or two percent (2%) of the voters who voted in the previous election, whichever is greater, shall state the name and residence of the candidate, whether the candidate is nominated for a full term or for the unexpired portion of a term and shall state the specific office for which the candidate is nominated.  Each petition shall be filed with the District Clerk not later than 30 days preceding the Annual Meeting at which the candidates so nominated are to be elected.

            The District Clerk will supervise the procedure used to establish the order of names on the ballot.  The Board may reject nominations if the candidate is ineligible or has declared an unwillingness to serve.  Candidates for the Board shall be nominated to run for a specific seat on the Board.

Public Notice

            The Board shall publish a notice of the annual election which will state that petitions nominating candidates for the office of member of the Board must be filed with the District Clerk not later than 30 days preceding the Annual Meeting or election at which the candidates so nominated are to be elected.

Electioneering

            Electioneering during the hours of any vote is prohibited within the polling place or within 100 feet of any such polling place.  Displays or handout items of any political nature, except those provided by law, shall be prohibited by any individual, group or organization in any school building on those days when the polls are open for voting on school district matters, including, but not limited to, the annual school budget, candidates for the Board of Education, special propositions, etc.

Cross-ref:         1050, Annual District Meeting and Election

                        6120, Budget Hearing

Ref:      Education Law §2018

Adoption date: December 16, 1997

                                            VOTING PROCEDURES

                                                                                                                         2120.2

            The Board shall appoint a Chief Election Inspector and assistant clerks and election inspectors as required.  Each voting machine shall have at least two clerks in attendance during all voting hours.  It shall be the duty of each clerk to keep a poll list containing the names of each person before such person is permitted to vote.

            Voting machines must be examined by election inspectors prior to each election to make sure that all counters are set to zero, that the ballot labels are properly placed, and that each machine is in proper condition for use.

            The positions of the Board member nominees on the voting machine shall be determined by lot.  The proposition for the approval of the annual budget shall be placed upon the voting machines as Proposition No. 1.  The Board, shall, in its discretion, determine the order in which questions and propositions shall appear on the voting machines.

            Write-in ballots are permissible, when applicable, by utilizing the write-in device provided with the voting machine.  If voting machines are not used, ballots containing the names of nominated candidates will be provided by the Board.  On a paper ballot, one blank space will be provided under the name of the last candidate for each office so that voters may vote for candidates who have not been nominated for the offices to be filled at the election. 

            The writing in, with a black lead pencil, of a name in the blank space so provided, will sufficiently indicate a vote.  It will not be necessary for a voter to place any other mark beside the name of a write-in candidate. 

Absentee Ballots

            The Board permits the use of absentee ballots for voting.  Such ballots shall be available for the election of members of the Board of Education, the adoption of the school district budget, and on questions and propositions submitted to the voters of the district.  Such ballots, including application forms, will be sent by the district clerk to qualified voters wishing to vote by absentee ballot, upon request. The application must be completed and returned with the ballot, and the individual must verify therein that he/she meets all voting requirements, and explain the reason for his/her inability to appear in person to vote. 

2120.2

            In particular, the individual must explain that he/she will be unable to appear to vote in person on the day of the school district election because:

1.         he/she will be a patient in a hospital, or unable to appear personally at the polling place on such day because of illness or physical disability.  A voter who claims permanent illness or physical disability may apply for an absentee ballot and the right to receive an absentee ballot for each election thereafter without further application by filing an application containing a statement setting forth the particulars of his/her permanent illness or disability with the Board of Elections;

2.         his/her duties, occupation, business, or studies will require him/her to be outside of the county or city of his/her residence on such day;

3.         he/she will be on vacation outside the county or city of his/her residence on such day; or

4.         he/she will be detained in jail awaiting action by a grand jury; awaiting trial; or is confined in prison after conviction for an offense other than a felony.

            The application must be received by the District Clerk at least seven days prior to the election, if the ballot is to be mailed to the voter; or the application must be received by the day before the election, if the ballot is to be personally delivered.  Proxy votes are not allowed.

Ref:      Education Law §§2012; 2014; 2018; 2018-a; 2018-b; 2018-c; 2019;

2019-a; 2020; 2025; 2032(2)(b); 2032(2)(e); 2035; 2037; 2603; 2610; 2613

            Election Law §§3-224; 5-106; 5-400; 5-406; 5-612

            Matter of Rodriguez, 31 EDR 471 (1992)

            Matter of Gresty, 31 EDR  90 (1991)

            Matter of Ferro, 25 EDR 175 (1985)

            Matter of Manno and Maloney, 23 EDR 172  (1983)

            Matter of Yost, 21 EDR 140 (1981)

            Matter of Alpert and Helmer, 20 EDR 281 (1980)

            Matter of Reigler and Barton, 16 EDR 256 (1977)

Adoption date: December 16, 1997

Revision date: October 19, 2004

                                BOARD MEMBER QUALIFICATIONS

            The qualifications of a candidate for the office of member of the Board of Education pursuant to Election Law §5-106 are that the candidate be:

 1.        able to read and write;

 2.        a qualified voter of the district; and

 3.        a resident of the school district for at least one year prior to election.

            No employee of the school district may be a member of the Board, except as permitted by law.  Furthermore, a candidate must be the only member of his/her family in the same household on the Board, may not simultaneously hold another incompatible public office, and must not have been removed from a school district office within one year preceding the date of election to the Board.

Ref:      Education Law §§2102; 2103; 2502(7)

Adoption date: December 16, 1997

                                BOARD MEMBER OATH OF OFFICE

            The constitutional oath of office shall be administered to all newly elected Board of Education members at the annual Reorganizational Meeting in July.  The constitutional oath of office shall be administered to all newly appointed Board members no later than 30 days from the official date of their appointment.

            The oath shall be administered at a Board meeting by the Board President, the District Clerk or any notary public, and the oath shall be signed and filed with the District Clerk within 30 days of the beginning of their term of office or notice of appointment.

            Following the administration of the oath, the newly designated members may officially discharge their duties as members of the Board.

Ref:      Public Officers Law §§10; 30

Cross-ref:         2210, Board Reorganizational Meeting

                        2510, New Board Member Orientation

Adoption date: December 16, 1997

                                   BOARD MEMBER RESIGNATION

            A member of the Board of Education may resign his/her office by filing his/her resignation with the District Clerk.  The effective date of the resignation must be within 30 days after the date of filing.

Ref:      Public Officers Law §31(1)(h)

Adoption date: December 16, 1997

                        BOARD MEMBER REMOVAL FROM OFFICE

            A member of the Board of Education may be removed from office for willful violation or neglect of duty, or for willfully disobeying any decision, order or regulation of the Commissioner of Education.  Notice of the charge and an opportunity for defense shall be provided.  Official misconduct may be grounds for removal by the Board after a hearing.

            A vacancy on the Board may also be declared if it is clearly established that a member has failed to attend three consecutive meetings without sufficient excuse or if a member has changed his/her legal residence from that of the school district.

Ref:      Education Law §§306; 1709; 2109

Adoption date: December 16, 1997

                                 UNEXPIRED TERM FULFILLMENT

            The Board of Education has the power to appoint a qualified person, by majority vote, to fill any vacancy which may occur on the Board by reason of death, resignation, removal from office or from the school district, or refusal to serve, of any member or officer of the Board.  The person so appointed in the place of any such member of the Board shall hold his/her office until the next annual election of Board members.

            The Board may permit the vacancy to stand until the next annual election or a special election may be held to fill the vacancy.  The special election will comply with all applicable state laws.

Ref:      Education Law §§1709(17); 2113

Adoption date: December 16, 1997

      SCHOOL DISTRICT OFFICER AND EMPLOYEE CODE OF ETHICS

            The Board of Education recognizes that sound, ethical standards of conduct serve to increase the effectiveness of school Board members and district staff as educational leaders in their community.  Actions based on an ethical code of conduct promote public confidence and the attainment of district goals.  The Board also recognizes its obligation, under the provisions of the General Municipal Law, to adopt a code of ethics setting forth the standards of conduct required of all district officers and employees.

            Therefore, every officer and employee of the district, whether paid or unpaid, including members of the Board of Education, shall adhere to the following code of conduct:

1.         Gifts:  An officer or employee shall not directly or indirectly solicit, accept, or receive any gift having a value of $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 to influence him or her in the performance of his or her official duties or was intended as a reward for any official action on his or her part. 

                        However, the Board welcomes and encourages the writing of letters or notes expressing gratitude or appreciation to staff members. Gifts from children that are principally sentimental in nature and of insignificant financial value may be accepted in the spirit in which they are given.

2.         Confidential information:  An officer or employee shall not disclose confidential information acquired by him or her in the course of his or her official duties or use such information to further his or her personal interest.  In addition, he/she shall not disclose information regarding any matters discussed in an executive session of the Board whether such information is deemed confidential or not.

3.         Representation before the Board:  An officer or employee shall not receive or enter into any agreement, express or implied, for compensation for services, other than employment with the district, to be rendered in relation to any matter before the school district.

4.         Representation before the Board for a contingent fee:  An officer or employee shall not receive or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before the school district other than employment with the district, whereby the compensation is to be dependent or contingent upon any action by the school district 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 the services rendered.

5.         Disclosure of interest in matters before the Board: A member of the Board of Education and any officer or employee of the district, whether paid or unpaid, who participates in the discussion or gives official opinion to the Board on any matter before the Board shall publicly disclose on the official record the nature and extent of any known direct or indirect financial or other private interest he or she has in such matter. The term “interest” means a pecuniary or material benefit accruing to an officer or employee.

                                                                                                                            2160

6.         Investments in conflict with official duties:  An officer or employee shall not invest or hold any investment directly in any financial, business, commercial or other private transaction that creates a conflict with his or her official duties.

7.         Private employment:  An officer or employee shall not engage in, solicit, negotiate for or promise to accept private employment when that employment or service creates a conflict with or impairs the proper discharge of his or her official duties.

8.         Future employment:  An officer or employee shall not, after the termination of service or employment with the Board, appear before the Board or any panel or committee of the Board, in relation to any case, proceeding, or application in which he or she personally participated during the period of his or her service or employment or that was under his or her active consideration.  This shall not bar or prevent the timely filing by a present or former officer or employee of any claim, account, demand or suit against the district on his or her own behalf or on behalf of any member of his or her family arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law.

Distribution of Code of Ethics

            The Superintendent of Schools shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the school district.  Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his or her office or employment.  In addition, the Superintendent shall ensure that a copy of Article 18 of the General Municipal Law shall be kept posted in each public building under the district's jurisdiction in a place conspicuous to the district's officers and employees.

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 of Ethics may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law.

Cross-ref:         1810, Gifts to School Personnel

                        2330, Executive Sessions

                        6700, Purchasing

Ref:      General Municipal Law, Article 18

            Public Officers Law, Articles 6; 7

            New York Civil Service Law §75

Adoption date: December 16, 1997

                         BOARD MEMBER CONFLICT OF INTEREST

            The members of the Board of Education shall avoid acting in circumstances where their personal interest conflicts with that of the public whose interest they have been elected to represent.  The actions of the Board shall be governed by the applicable provisions of the General Municipal Law, any other applicable law and the code of ethics established pursuant to Board Policy 2160.

Cross-ref:         9120.1, Conflict of Interest

Ref:      Education Law §§2103; 2502(7); 2590-c; 2590-g; 2590-j(4); 3016

            General Municipal Law §§800 et seq.

            Local Finance Law §60.10

Adoption date: December 16, 1997

                                                 BOARD OFFICERS

            The President and Vice-President of the Board of Education must be members of the Board and shall be elected by members of the Board at the annual reorganization meeting in July.  In case of a vacancy in the office of the Board President and Vice-President, the District Clerk shall call the Board to order for the purpose of choosing a temporary chairperson for the election of a Board President.

Duties of the President of the Board

            The duties of the President of the Board shall be as follows:

1.         to preside at all meetings;

2.         to act as chief fiscal officer of the district;

3.         to execute all documents on behalf of the Board;

4.         to appoint all standing and ad hoc committees;

5.         to act as an ex-officio member of all committees;

6.         to call special meetings he/she considers necessary or on request of one member of the Board;

7.         to act as temporary chair of the annual district meeting and special district meetings; and

8.         to perform the usual and ordinary duties of the office.

Duties of the Vice-President

            The Vice-President sh