BOE and Clerk Sections for Workshop 030723 Section 1000, 2110, 2210, 2320, 2330, 2340, 3170, 3180, 6110, 6540.pdf

The District's Policy Manual, developed with Erie 1 BOCES Policy Services, does not provide legal advice. Applying Board policies to specific situations may require consulting with school administrators/school attorney, or other professionals to address the particular circumstances.

FOREWORD Here are the policy statements formulated by the Board of Education (Board) of the Webster Central School District (District). Policy is defined as a basic plan of action. It establishes limits within which freedom of judgment can be exercised. Policy is also a governing principle of management. It is a statement that has an effect on the interests of those who come under its jurisdiction. A policy may originate from the constitution, from statute, from local determinations, or from customary patterns of formal behavior. Policy should accomplish the following: a)

State a position taken by the District;

b)

Grant the authority to act;

c)

Be sufficiently detailed to give adequate direction;

d)

Be achievable within the real environment of the school and community;

e)

Provide for impartial procedures.

In addition to the adopted policies, the operation of the District is governed by and subject to all applicable laws, regulations of the Commissioner of Education, Civil Service requirements, Board Resolutions, School Administrative Regulations and Contracts of Agreement. If any part of this manual is made invalid by judicial decision or legislative or administrative enactment, all other parts will remain in full effect unless and until they are amended or repealed by the Board of Education. The official record of the adoption, amendment, or repeal of the bylaws and policies of the Webster Central School District will be the minutes of the Board's meetings.

WEBSTER CENTRAL SCHOOL DISTRICT POLICY MANUAL CONTENTS

SECTION 1000

BYLAWS

SECTION 2000

INTERNAL OPERATIONS

SECTION 3000

COMMUNITY RELATIONS

SECTION 4000

ADMINISTRATION

SECTION 5000

NON-INSTRUCTIONAL/BUSINESS OPERATIONS

SECTION 6000

PERSONNEL

SECTION 7000

STUDENTS

SECTION 8000

INSTRUCTION

The following citations will be used in the Policy Manual: Federal: USC CFR

United States Code United States Code of Federal Regulations

New York Code of Rules and Regulations Regulations of the Commissioner of Education

2022

1000

Bylaws

Webster Central School District

NUMBER

ORGANIZATION OF THE BOARD OF EDUCATION 1.1 School District and Board of Education Legal Status and Authority ........................ 1110 1.2 Board of Education: Qualifications, Numbers and Terms of Office ......................... 1120 NOMINATION AND ELECTION OF BOARD OF EDUCATION MEMBERS 2.1 Board Members: Nomination and Election .............................................................. 1210 2.2 Reporting of Expenditures and Contributions ........................................................... 1220 2.3 Resignations and Vacancies on the Board ................................................................. 1230 THE ROLE OF THE BOARD OF EDUCATION 3.1 Powers and Duties of the Board ................................................................................ 1310 3.2 Nomination and Election of Board Officers and Duties of the President and Vice President ..................................................................................................... 1320 3.3 Appointments and Designations by the Board .......................................................... 1330 3.3.1 Duties of the District Clerk ............................................................................ 1331 3.3.2 Duties of the District Treasurer ..................................................................... 1332 3.3.3 Duties of the Tax Collector ............................................................................ 1333 3.3.4 Duties of the External (Independent) Auditor ............................................... 1334 3.3.5 Appointment and Duties of the Claims Auditor ............................................ 1335 3.3.6 Duties of the Extraclassroom Activity Fund Central Treasurer and Faculty Auditor .............................................................................................. 1336 3.3.7 Duties of the School Attorney ....................................................................... 1337 3.3.8 Duties of the School Physician/Nurse Practitioner ........................................ 1338 3.3.9 Duties of the Internal Auditor ........................................................................ 1339 BOARD POLICY 4.1 Policy and Administrative Regulations ..................................................................... 1410 4.2 Naming of Schools..................................................................................................... 1420 4.3 Health and Dental Insurance for Board Members ..................................................... 1430 MEETINGS OF THE BOARD OF EDUCATION 5.1 5.2 5.3 5.4

Regular Board Meetings and Rules (Quorum and Parliamentary Procedure) ........... 1510 Special Meetings of the Board ................................................................................... 1520 Minutes ...................................................................................................................... 1530 Executive Sessions..................................................................................................... 1540

2022

1000

Bylaws

Webster Central School District

NUMBER

MEETINGS OF THE DISTRICT 6.1 Annual District Meeting and Election/Budget Vote .................................................. 1610 6.1.1 Business of the Annual District Election ....................................................... 1611 6.2 Annual Organizational Meeting................................................................................. 1620 6.3 Legal Qualifications of Voters at District Meetings .................................................. 1630 6.3a Voter Proof of Residency…………………………………………………………...1635 6.4 Absentee Ballots ........................................................................................................ 1640 6.5 Submission of Questions and Propositions at the Annual Meeting and Election and Special District Meetings .................................................................................... 1650

2022

1110

Bylaws

SUBJECT:

SCHOOL DISTRICT AND BOARD OF EDUCATION LEGAL STATUS AND AUTHORITY

The Constitution of New York State instructs the Legislature to provide for a system of free common schools wherein all children of the state may be educated. The State Legislature has implemented this constitutional mandate through the creation of school districts of various types. As a Central School District, the Webster Central School District is organized under and subject to the provisions of Education Law Article 37. The Board is the corporate body charged with the general control, management, and responsibility of the schools of the Webster Central School District. As such, it possesses those powers and duties set forth in law. The Board is authorized to act as a body duly called in session. Individual Board members have no authority over school affairs.

Education Law §§ 2, 1501, 1604, 1701, 1709, 1804, 2502, and 2503

Adoption Date

2022

1120

Bylaws

SUBJECT:

A Board member of the District must meet the following qualifications: a)

A citizen of the United States;

b)

Eighteen years of age or older;

c)

Able to read and write;

d)

A legal resident of the District for a continuous and uninterrupted period of at least one year prior to the election;

e)

Cannot be an employee of the District;

f)

The only member of his or her family (that is, cannot be a member of the same household) on the District Board;

g)

May not simultaneously hold another incompatible public office, including, but not limited to Superintendent, clerk, tax collector, treasurer or librarian, or an employee of the Board. In central school districts, however, a Board member may be appointed clerk of the Board and of the District. A Board member of a BOCES may not be employed by any of that BOCES' component districts.

h)

Must not have been removed from a school district office within one year preceding the date of appointment or election to the Board.

Number of Members The Board of the District will consist of seven members elected by the qualified voters of the District at the annual election as prescribed by law. Terms of Office Members of the Board will serve for three years beginning July 1 following their election and each term will expire on the 30th day of June of the third year.

Education Law §§ 1602, 1702(1), 1804(1), 1950(9), 2101, 2102, 2103, 2103-a, 2130(1), 2105, and 2502 Public Officers Law § 3 Town Law § 23(1)

Adoption Date

2022

1210

Bylaws

SUBJECT:

a)

Candidates for the office of member of the Board must be nominated by a petition directed to the District Clerk which is signed by at least 25 qualified voters of the District, or by 2% of the number of voters who voted in the previous annual election, whichever is greater. Petitions must state the residence of each signer and the name and residence of each candidate.

b)

The notice of the Annual District Meeting must state that petitions nominating candidates for the Board must be filed with the Clerk of the District no later than 30 days before the Annual or Special District Meeting at which the school board election will occur. between 9 a.m. and 5 p.m.

c)

Voting will be by machine or paper ballot, and provision will be made for the election by "writein-vote" of any candidate not previously nominated. The position of candidates on ballots will be determined by lot at a drawing conducted by the District Clerk on the day after the last filing. Candidates or their proxies may be present for the drawing.

d)

The hours of voting will be as indicated by Board resolution.

e)

The candidates receiving the largest number of votes will be declared elected in accordance with Education Law.

f)

At least ten days prior to the election, the Board will appoint at least two inspectors of election for each voting machine or ballot box, and set their salary.

g)

The District Clerk will oversee the election. The Clerk will also give notice immediately to each person declared elected to the Board, informing him or her of the election and his or her term of office.

h)

Only qualified voters, as determined by Education Law Section 2012, may vote at any District meeting or election.

i)

No electioneering will be allowed within 100 feet of the polling place.

j)

When a term of office expires at the end of a school year and the office has become vacant at the time of election, the person elected to fill the new full term vacancy also fills the remaining days of the previous term, beginning his or her term of office immediately upon election and the taking and filing of the oath of office.

Education Law §§ 2004, 2012, 2018, 2025, 2029, 2031-a, 2032, 2034, 2105(14), 2121, 2502, 2602, 2608(1), and 2610

Adoption Date

2022

1220 1 of 2

Bylaws

SUBJECT:

REPORTING OF EXPENDITURES AND CONTRIBUTIONS

Each candidate for the position of member of the Board whose expenses and/or contributions received exceed $500 must file a statement accounting for his or her campaign expenditures and contributions with the District Clerk and an additional statement with the Commissioner of Education. In the event the expenses do not exceed $500 and the aggregate amount of all contributions made to the candidate do not exceed $500, then a sworn statement to that effect must only be filed with the District Clerk. Required contribution statements must include: a)

The dollar amount and/or fair market value of any receipt, contribution, or transfer which is other than money;

b)

The name and address of the transferor, contributor, or person from whom received;

c)

If that transferor, contributor or person is a political committee as defined in Election Law Section 14-100;

d)

The name and political unit represented by the committee;

e)

The date of receipt;

f)

The dollar amount of every expenditure;

g)

The name and address of the person to whom the expenditure was made, or the name of and political unit represented by the committee to which it was made; and

h)

The date of the expenditure.

The times for filing the statements are as follows: a)

The first statement on or before the thirtieth day preceding the election to which it relates;

b)

A second statement on or before the fifth day before the election;

c)

A third statement within 20 days after the election.

Any contribution or loan in excess of $1000 received after the close of the period covered in the last statement filed before the election (b above) but before the election itself must be reported within 24 hours after receipt.

(Continued)

2022

1220 2 of 2

Bylaws

SUBJECT:

REPORTING OF EXPENDITURES AND CONTRIBUTIONS (Cont'd.)

All statements must be sworn before a notary public, a commissioner of deeds, a lawyer or a public official authorized by New York State law to administer oaths.

Education Law §§ 1528 and 1529 Election Law § 14-100 (1)

Adoption Date

2022

1230 1 of 2

Bylaws SUBJECT:

RESIGNATIONS AND VACANCIES ON THE BOARD

A board member may resign by filing a written resignation with the District Clerk. The Clerk must then notify the Board and the State Board of Elections. The resignation will take effect upon the date specified in the resignation letter, which must not be more than 30 days after the date of its delivery. If no date is specified, the resignation will take effect on the date of delivery to the District Clerk. Should a board member wish to withdraw an already tendered resignation, it can only be done so with the approval of the district clerk, the Board has no authority to act on a request to withdraw a resignation. Board members may resign at a District meeting of residents (i.e., the annual meeting, not a regular Board meeting) or by filing a written resignation with the District Superintendent of the Supervisory District who must endorse his or her approval and file the resignation with the District Clerk. Alternatively, a Board member may resign by filing a written resignation with the District Clerk. The Clerk must then notify the Board and the State Board of Elections. A resignation may be withdrawn only with the consent of the person to whom the resignation was delivered (i.e., the District Clerk or BOCES District Superintendent). The Board has no authority to act upon a request to withdraw a resignation. The resignation will take effect upon the date specified in the letter of resignation; however, if no effective date is specified, it will take effect on the date of delivery to or filing with the District Clerk. If an effective date is specified in the letter of resignation, the date must not be more than 30 days subsequent to the date of its delivery or filing. It will be the duty of each member of the Board to attend all meetings of the Board and, if any member refuses to attend three consecutive meetings of the Board after having been regularly notified and a satisfactory cause for each non-attendance is not shown, the Board will proceed to declare that office vacant. A Board member may be removed from office by the Commissioner of Education for willful violation of any provision of law, neglect of duty, or willfully disobeying any decision, order, or regulation of the Commissioner. The Board may also remove a Board member for misconduct relating to the exercise of authority as a Board member. A written copy of all misconduct charges must be served upon the Board member at least ten days before the time designated for a hearing on the charges; the Board member will be allowed a full and fair opportunity to refute the charges before removal. In the event of death, resignation, removal from office or from the District, or refusal to serve as a Board member, the District has the power and duty to fill the vacancy. If the Board chooses to fill the vacancy by appointment, the appointment requires a majority vote of the full Board and will be only for a term ending with the next annual election of the District. The Board, at its own option, may instead call a special election within 90 days to fill the unexpired term. If not filled by Board appointment or special election, the District Superintendent of the Supervisory District may appoint a competent person to fill the vacancy until the next annual election. Alternatively, the Commissioner of Education may order a special election for filling a vacancy. When a special election is ordered, the vacancy will not be otherwise filled. A person elected or appointed to fill a vacancy will take office immediately upon filing the oath of office. (Continued)

2022

1230 2 of 2

Bylaws

SUBJECT:

RESIGNATIONS AND VACANCIES ON THE BOARD (Cont'd.)

A Board member who has been removed from office will be ineligible to appointment or election to any office in the District for a period of one year from the date of such removal.

Education Law §§ 306, 1607, 1706, 1709(17)(18), 1804(1), 2103(2), 2109, 2111, 2112, 2113, 2502, 2503, and 2553 Public Officers Law §§ 30, 31, and 35

Adoption Date

2022

1310

Bylaws

SUBJECT:

POWERS AND DUTIES OF THE BOARD

As a Central School District, the Board has the powers and duties set forth in New York State Education Law, principally Articles 33, 35, and 37, and other applicable federal and state laws and regulations. The Board has, in all respects, the superintendence, management, and control of the educational affairs of the District, and, therefore, has all the powers reasonably necessary to exercise powers granted expressly or by implication, and to discharge duties imposed expressly or by implication, by the laws of New York State and the Commissioner of Education.

Education Law §§ 1604, 1709, 1804, and 2503

NOTE:

Refer also to Policy #6540 -- Defense and Indemnification of Board Members and Employees

Adoption Date

2022

1320

Bylaws

SUBJECT:

NOMINATION AND ELECTION OF BOARD OFFICERS AND DUTIES OF THE PRESIDENT AND VICE PRESIDENT

Board officers will be nominated and elected by the Board at its annual organizational meeting for a term of one year. They will take their oath as officers at this meeting along with newly elected members. The elected officers of the Board are: a)

President; and

b)

Vice President.

Duties of the President of the Board The President's duties may include the following: a)

Presides at all meetings of the Board;

b)

Calls special meetings as necessary or on request;

c)

Acting as spokesperson of the board on all public matters;

d)

Facilitates the appointment of committees with the advice and consent of the board.

c)

Appoints members to all committees of the Board;

d)

Serves ex-officio as a member of all committees;

e)

Executes documents on behalf of the Board;

f)

Performs the usual and ordinary duties of the office.

Duties of the Vice President of the Board The Board may, in its discretion, elects one of its members Vice President, who will have the power to exercise the duties of the President in case of the President's absence or disability. If the presidency becomes vacant, the Vice President will act as President until a President is elected. Education Law §§ 1701, 1804, 2105(6), and 2502

Adoption Date

2022

1330 1 of 3

Bylaws SUBJECT:

APPOINTMENTS AND DESIGNATIONS BY THE BOARD

Appointments The Board is authorized to appoint individuals to positions which will facilitate the meeting of its responsibilities to the State, the District, and the community. These appointments usually take place at the Annual Organizational Meeting. The following will be appointed annually: a)

District Clerk;

b)

District Treasurer;

c)

Deputy Treasurer;

d)

Tax Collector and Deputies;

e)

External (Independent) Auditor;

f)

Central Treasurer, Extraclassroom Activities Account, 4 Extra-class treasurers

g)

Faculty Auditor, Extraclassroom Activities Account;

h)

Audit Committee (appointed at a Regular Business meeting).

The following must be appointed but need not be reappointed annually: a)

Census Enumerator and assistants if District conducts census;

b)

Director of School Health Services (District Physician/Nurse Practitioner);

c)

Supervisors of Attendance;

d)

Committee on Special Education and Committee on Preschool Special Education; (This is done annually via the Student Services department. It will be incorporated into Reorg agenda going forward).

e)

Records Access Officer;

f)

Records Management Officer;

g)

Asbestos Hazard Emergency Response Act (AHERA) Local Educational Agency (LEA) designee;

(Continued)

2022

1330 2 of 3

Bylaws

SUBJECT:

APPOINTMENTS AND DESIGNATIONS BY THE BOARD (Cont'd.)

h)

Civil Rights Compliance Officer(s) (coordinates the District's efforts to comply with civil rights laws such as Title VI, Section 504, the Americans with Disabilities Act, and the Age Discrimination Act);

i)

Title IX Coordinator(s) (coordinates the District's efforts to comply with Title IX; when appointing, District must "designate and authorize" the Title IX Coordinator(s));

j)

Liaison for Homeless Children and Youth (McKinney-Vento Liaison);

k)

Chemical Hygiene Officer;

l)

Dignity Act Coordinator (one in each building);

m)

Chief Emergency Officer.

The following may also be appointed: a)

School Attorney;

b)

Claims Auditor/Deputy Claims Auditor;

c)

Internal Auditor;

d)

Insurance Advisor;

e)

Copyright Officer.

Designations The following designations will be made by the Board at the Annual Organizational Meeting in July: a)

Petty Cash Fund(s);

b)

Official Newspaper(s);

c)

Official Bank Depositories;

d)

Official Bank Signatories;

e)

Purchasing Agent; (Continued)

2022

1330 3 of 3

Bylaws

SUBJECT:

APPOINTMENTS AND DESIGNATIONS BY THE BOARD (Cont'd.)

f)

Certifier of Payrolls;

g)

Designated Educational Official (DEO) to receive court notification regarding a student's sentence/adjudication in certain criminal cases and juvenile delinquency proceedings;

h)

School Pesticide Representative;

i)

Reviewing Official, Hearing Official, and Verification Official for participation in the federal Child Nutrition Program (the Hearing Official may not be the same person as the Reviewing and/or Verification Official).

Authorizations The following authorizations will be made by the Board at the Annual Organizational meeting in July: a)

Approval of attendance at conferences, conventions, workshops, and the like;

b)

Superintendent to approve budget transfers within limits prescribed by Commissioner's regulation Section 170.2 and Board guidelines;

c)

Superintendent to apply for grants in aid (state and federal) as appropriate;

d)

Establish mileage reimbursement rate;

e)

Other(s) as deemed appropriate/necessary.

McKinney-Vento Homeless Education Assistance Act, § 722, as reauthorized by the Every Student Succeeds Act (ESSA) of 2015 29 CFR § 1910.1450 Education Law §§ 305(31), 1709, and 2503 8 NYCRR Part 185 21 NYCRR Parts 1401, 9760

*Customize to District Adoption Date

2022

1331

Bylaws

SUBJECT:

DUTIES OF THE DISTRICT CLERK

The District Clerk will be appointed by the Board at its Annual Organizational Meeting and will serve for a period of one year. The Clerk's duties include the following: a)

Attending all meetings of the Board, keeping a record of its proceedings, and recording, by name, those in attendance;

b)

Preparing Board meeting minutes, obtaining approval of the minutes by the Board at the next meeting, signing the minutes to signify their official standing, and forwarding copies of the minutes to each Board member;

c)

Sending notices of special meetings to Board members;

d)

Contacting and communicating with members as required;

e)

Ensuring that the proper legal notices and announcements are published on all specifications and items out on bid, in accordance with state law;

f)

Maintaining an up-to-date record of Board policies and bylaws;

g)

Delivering to, and collecting from, the President (or Vice President) papers for signature as may be necessary;

h)

Distributing notices to the public announcing availability of budget copies to be presented at the Annual District Meeting in compliance with the requirements of the State Education Law;

i)

Administering oaths of office;

j)

Giving written notice of appointment to persons appointed as inspectors of election;

k)

Calling all meetings to order in the absence of the President and Vice President; and

l)

Assuming other duties customary to the office.

The above duties of the District Clerk are not intended to be complete, but should serve as a guide in undertaking the duties of this office. The District Clerk will perform other duties as may be assigned periodically by the Board.

Education Law § 2121 Public Officers Law §§ 10 and 104

Adoption Date

2022

1332

Bylaws

SUBJECT:

DUTIES OF THE DISTRICT TREASURER

The Treasurer is appointed by the Board at the Annual Organizational Meeting and will be covered by a blanket bond. In addition to the routine duties of accounting, filing, posting, and preparing reports and statements concerning District finances, the District Treasurer will perform other specific tasks as follows: a)

Acts as custodian of all moneys belonging to the District and lawfully deposits these moneys in the depositories designated by the Board;

b)

Pays all authorized obligations of the District as directed, including payments of bond principal and interest;

c)

Maintains proper records and files of all checks, and approved payment of bills and salaries;

d)

Makes all such entries and posts to all such financial ledgers, records and reports, including bond and note registers, as may be properly required to afford the District an acceptable and comprehensive financial accounting of the use of its moneys and financial transactions;

e)

Signs all checks drawn on District fund accounts provided that the District's Claims Auditor has attested to the authority to issue the check based upon proper evidence of a charge against the District's funds;

f)

Safeguards either his or her electronic signature and/or the check-signing machine and signature plate, personally overseeing all preparation of checks;

g)

Assumes other duties customary to the office.

Education Law §§ 2122, 2130, and 2523 Local Finance Law §§ 163 and 165 8 NYCRR §§ 170.2(g), 170.2(o), and 170.2(p) 9 NYCRR § 540.4

Adoption Date

2022

1333

Bylaws

SUBJECT:

DUTIES OF THE TAX COLLECTOR

*Tax Collector Appointed by the Board The Tax Collector is appointed annually by the Board and will be covered by a bond. It is the responsibility of the District Tax Collector to perform the following duties: a)

Prepares and mails tax notices;

b)

Uses suitable printed tax receipt forms as prescribed by the State Tax Commission;

c)

Collects taxes in the amount of the warrant, upon the issuance of the tax warrant by the Board and penalty fees in accordance with the terms of the warrant;

d)

Turns over daily to the District Treasurer all money collected by virtue of any tax list and warrant issued;

e)

Submits a report, certified by him or her to the Board, showing the amount of taxes and fees collected along with the unpaid listing. The combination of taxes collected and uncollected must equal the amount of the warrant;

f)

Turns over to the County Treasurer, prior to November 15, a list of unpaid taxes;

g)

Carries out any other duties of the position as prescribed in Education Law, Real Property Tax Law, or as established by the Commissioner's regulations.

*Tax Collection Delegated to a Legislative Body The legislative body of the District's location and the Board will have the power to enter into contracts with each other for the collection of taxes. This agreement may either authorize the legislative body to collect taxes jointly and concurrently with the District, or may delegate to the legislative body the sole and exclusive authority to collect taxes for the District. This agreement will be considered a municipal cooperation agreement for purposes of General Municipal Law Article 5-G and will be subject to its provisions. This agreement must also be approved by a majority vote of both the District and the legislative body. Education Law §§ 2126, 2130, and 2506 General Municipal Law Article 5-G Real Property Tax Law §§ 578(2), 922, 924, 1322, 1330, and 1338 8 NYCRR § 170.2

*Customize to District -- choose which method of tax collection is utilized by the District. Adoption Date

2022

1334 1 of 2

Bylaws

SUBJECT:

DUTIES OF THE EXTERNAL (INDEPENDENT) AUDITOR

The Board by law must obtain an annual audit of its records by an independent certified public accountant (CPA) or an independent public accountant (PA). The audit must also include all extraclassroom activity funds. The independent accountant will present the report of the annual audit to the Board. The Board will adopt a resolution accepting the audit report and file a copy of the resolution with the Commissioner. The District will also file the audit report with the Commissioner for a specific school year by October 15 of the following school year. In addition to the annual audit, the District is subject to state audits conducted by the State Comptroller. The independence and objectivity of the auditor may be enhanced when the Board and Audit Committee perform an oversight role with respect to the hiring and performance of the auditor, as required by law. Similarly, no audit engagement will be for a term longer than five consecutive years. The District, may, however, permit an independent auditor engaged under an existing contract for those services to submit a proposal for those services in response to a request for competitive proposals or be awarded a contract to provide those services under a request for proposal process. Duties and Responsibilities The independent auditor must conduct the audit in accordance with Generally Accepted Government Auditing Standards (GAGAS) issued by the Comptroller General of the United States. Standards of GAGAS are organized as general, fieldwork, and reporting. Below are some important considerations the District will expect of the auditor in preparing the audit; however, they should not be considered all-inclusive or a substitute for the auditor's professional judgment. a)

b)

c)

(Continued)

2022

1334 2 of 2

Bylaws

SUBJECT:

DUTIES OF THE EXTERNAL (INDEPENDENT) AUDITOR (Cont'd.)

d)

e)

f)

Reporting on Internal Controls and Compliance: The auditor must report on and present the results of his or her testing of the District's compliance with laws and regulations and its internal controls over financial reports in light of irregularities, illegal acts, other material noncompliance, significant deficiencies, and material weaknesses in internal controls.

Generally Accepted Government Auditing Standards (GAGAS) §§ 3.50-3.54, 4.03, 4.19-4.24, and 5.07-5.20 Education Law §§ 1709 (20-a) and 2116-a General Municipal Law §§ 33 and 104-b 8 NYCRR §§ 170.2, 170.3, and 170.12

Adoption Date

2022

1335 1 of 2

Bylaws

SUBJECT:

APPOINTMENT AND DUTIES OF THE CLAIMS AUDITOR

The Board will appoint a Claims Auditor to examine all claims. This auditor will determine whether the amounts claimed are actual and necessary expenditures, if the goods or services were actually received, whether the District official or employee was authorized to incur the obligation, and if the claims are supported with adequate evidence. Support may include itemized documentation, a thorough description of the goods or services, and detailed receipts and invoices. The Claims Auditor will ensure that each claim is legitimate, mathematically correct, does not exceed any available appropriation within the applicable budget code, and is made in accordance with District policy, purchasing order, or contract before authorizing payment. This auditor will certify that he or she audited each claim listed on the claims warrant to authorize the Treasurer to pay. The Treasurer should compare the signed checks to the certified warrant to verify accuracy and consistency before issuing payment. The Claims Auditor will report directly to the Board on a monthly basis. The Board may require that the Claims Auditor report to the Clerk of the District, Clerk of the Board, or to the Superintendent for administrative matters such as workspace, time, and attendance. The Board may adopt a resolution establishing the office of Deputy Claims Auditor to act as the Claims Auditor in the absence of the Claims Auditor. The Board may, by resolution, abolish the position of Deputy Claims Auditor at any time. The same eligibility requirements and qualifications that apply to a Claims Auditor apply to the Deputy Claims Auditor. Qualifications The Claims Auditor must have the necessary knowledge and skills to effectively audit claims, including experience with purchasing, bidding, and claims. The Claims Auditor must be bonded or included in the District's blanket undertaking, before assuming his or her duties. The Claims Auditor should not be: a)

A member of the Board;

b)

The Clerk or Treasurer of the Board;

c)

The Superintendent or District official responsible for business management;

d)

The Purchasing Agent;

e)

Clerical or professional personnel directly involved in District accounting and purchasing functions or under the direct supervision of the Superintendent;

f)

The individual or entity responsible for the internal audit function (the Internal Auditor);

g)

The External (Independent) Auditor responsible for the external audit of the financial statements; (Continued)

2022

1335 2 of 2

Bylaws

APPOINTMENT AND DUTIES OF THE CLAIMS AUDITOR (Cont'd.)

A close or immediate family member of an employee, officer, or contractor providing services to the District. A close family member is a parent, sibling, or nondependent child; an immediate family member is a spouse, spouse equivalent, or dependent (whether or not related).

The Claims Auditor is not required to be a resident of the District and will be classified in the civil service exempt class. Delegation of the Claims Audit Function The Board may delegate the claims audit function by using inter-municipal cooperative agreements, shared services through a Board of Cooperative Educational Services, or independent contractors, provided that the individual, organization, or entity: a)

Has no other responsibilities related to the business operations of the District;

b)

Has no interest in any other contracts with, and does not provide any goods or services to, the District; and

c)

Is not a close or immediate family member of anyone who has responsibilities related to District business operations, or has an interest in any other contracts with the District.

The Board remains ultimately responsible for auditing all claims.

Education Law §§ 1604(35), 1709(20-a), 2526, and 2554(2) 8 NYCRR § 170.12(c)

Adoption Date

2022

1336 1 of 2

Bylaws

SUBJECT:

DUTIES OF THE EXTRACLASSROOM ACTIVITY FUND CENTRAL TREASURER AND FACULTY AUDITOR

Extraclassroom Activity (ECA) Central Treasurer The ECA Central Treasurer is appointed by the Board and has custody of all ECA funds. The ECA Central Treasurer's duties include, but are not limited to: a)

Disbursing ECA funds by means of prenumbered check forms upon receipt of a payment order signed by the student activity treasurer and faculty advisor of the ECA, provided that there are sufficient funds in the account;

b)

Signing all checks disbursing ECA funds;

c)

Providing completed checks disbursing ECA funds to the student activity treasurer of the ECA;

d)

Signing a receipt for all ECA funds placed into his or her custody and depositing those funds promptly into a bank designated by the Board;

e)

Maintaining a record of the receipts and disbursements of each individual ECA account and of all the ECA accounts combined;

f)

Verifying bank statements and preparing a reconciliation of cash balances and ECA accounts to be forwarded to the Faculty Auditor monthly;

g)

Submitting to the Board a financial report relating to the receipts and expenditures for all ECA accounts on a quarterly basis; and

h)

Reporting to the Board or its designee regularly and independently of the Faculty Auditor.

Faculty Auditor The Faculty Auditor is appointed by the Board. The Faculty Auditor's duties include, but are not limited to: a)

Examining the statements of accounts from the ECA Central Treasurer monthly;

b)

Auditing the ledgers kept by the student activity treasurer(s) at least twice a year on a rotating basis, and reconciling these ledgers with the ECA Central Treasurer's records;

c)

Examining transactions and paperwork to determine if correct procedures are being used, including supporting documentation requirements and receipt issuance; (Continued)

2022

1336 2 of 2

Bylaws

SUBJECT:

DUTIES OF THE EXTRACLASSROOM ACTIVITY FUND CENTRAL TREASURER AND FACULTY AUDITOR (Cont'd.)

d)

Certifying the accuracy of entries posted and available balances listed;

e)

Investigating any instances when the ECA Central Treasurer's report and the student activity treasurer's ledgers do not agree;

f)

Assembling, at the end of the school year, the monthly reports and preparing a composite report listing the financial condition of each ECA account for the full school year; and

g)

Reporting to the Board or its designee regularly and independently of the ECA Central Treasurer.

8 NYCRR Part 172 NYSED Finance Pamphlet, The Safeguarding, Accounting, and Auditing of Extraclassroom Activity Funds, Revised 2019

Adoption Date

2022

1337

Bylaws

SUBJECT:

DUTIES OF THE SCHOOL ATTORNEY

The Board will appoint a school attorney to provide legal counsel to the District. The school attorney's duties may include: a)

Providing legal representation to the District in proceedings before courts and administrative agencies;

b)

Providing legal opinions as requested by the Board or its agents, and consistent with any agreement between the District and the school attorney;

c)

Providing counsel in matters related to due process hearings; and/or

d)

Such other duties as are consistent with law and the scope of the school attorney's representation.

Adoption Date

2022

1338

Bylaws

SUBJECT:

DUTIES OF THE SCHOOL PHYSICIAN/NURSE PRACTITIONER

The school physician or nurse practitioner will be appointed by the Board. The duties of the school physician or nurse practitioner will include, but are not limited to, the following: a)

Performing professional medical services in the examination and care of school children;

b)

Performing routine examinations of school children to detect the presence of contagious diseases and physical defects;

c)

Serving as an on-call member on the Committee on Special Education, Committee on Preschool Special Education, and Section 504 Committee;

d)

Reporting to the Board on school health services;

e)

Coordinating scheduling for physical examinations to all students participating in interscholastic athletics;

f)

Providing final medical clearance for a return to extra class athletic activities for all students who have or are believed to have sustained a mild traumatic brain injury (concussion);

g)

Developing the program of health service in accordance with policies approved by the Board and as directed by the Superintendent;

*h) Conducting physical exams for all bus drivers and substitutes prior to employment and annually thereafter; *i)

Conducting physical exams for all new employees (instructional and non-instructional);

j)

Conducting a medical evaluation on any employee at the request of the Board.

8 NYCRR § 136.5 Education Law §§ 902, 913, and 6902

*Customize to District -- delete if District does not conduct physical exams for all new employees or bus drivers. Adoption Date

2022

1339

Bylaws

SUBJECT:

DUTIES OF THE INTERNAL AUDITOR

The Internal Auditor reports directly to the Board. The District may use its employees, intermunicipal cooperative agreements, shared services to the extent authorized by Education Law Section 1950, or independent contractors as the person or entity serving as Internal Auditor. The person or entity serving as Internal Auditor must follow generally accepted auditing standards, be independent of District business operations, and have the requisite knowledge and skills to complete the work. The Internal Auditor is responsible for performing the internal audit function for the Board, which includes at a minimum: a)

Development of a risk assessment of District operations, including, but not limited to, a review of financial policies, procedures, and practices;

b)

An annual review and update of the risk assessment;

c)

Annual testing and evaluation of one or more areas of the District's internal controls, taking into account risk, control weakness, size, and complexity of operations;

d)

Preparation of reports, at least annually or more frequently as the Board may direct, which: 1.

Analyze significant risk assessment findings;

2.

Recommend changes for strengthening controls and reducing identified risks; and

3.

Specify timeframes for implementation of such recommendations.

Education Law §§ 1950, 2116-b, and 2116-c 8 NYCRR § 170.12(d)

NOTE:

Refer also to Policy #5573 -- Internal Audit Function

Adoption Date

2022

1410

2022

1420

Bylaws

NEW POLICY NUMBER 1420 From Current Policy Manual #2030

Naming of Schools It is the policy of the Board of Education to: a) Name elementary schools in a manner that helps residents locate schools; e.g., after roads or areas. b) Name secondary schools after persons who have made significant contributions to school and/or community life. c) Where considered desirable as a tribute to service, name special areas in buildings or grounds after persons who have served with distinction in specific fields. Special areas are such areas in buildings as libraries, auditoriums, gymnasiums, etc. d) Where more than one building is located on a site, the individual buildings will be named by their geographical location on the site. e) The names of the existing and authorized schools in the Webster Central School District shall be: ELEMENTARY SCHOOLS 1. DeWitt Road Elementary School 2. Plank Road North Elementary School 3. Plank Road South Elementary School 4. State Road Elementary School 5. Klem Road North Elementary School 6. Klem Road South Elementary School 7. Schlegel Road Elementary School SECONDARY SCHOOLS 1. Spry Middle School (in honor of Edward W. Spry) 2. Willink Middle School (in honor of Ross J. Willink) 3. Webster Schroeder High School (in honor of Herbert W. Schroeder) 4. Webster Thomas High School (in honor of R. L. Thomas)

Adoption Date

2022

1430

Bylaws

NEW POLICY NUMBER 1430 From Current Policy Manual #4095

Health and Dental Insurance for Board Members Current and retired Board members may voluntarily enroll in health and/or dental insurance coverage through the District’s group plan. For the purpose of this policy, “retired Board member” means a former Board member with twenty years or more of service as a member of the District’s Board of Education. At their option, current and retired Board members may also enroll their spouses and other eligible dependents. The total cost of such coverage for current and retired Board members and their dependents shall be borne in its entirety by such members or former members. Coverage shall be subject to the terms and conditions of the applicable plan. Legal Reference: General Municipal Law Section 92-a Adoption Date

2022

1510 1 of 3

Bylaws FOR ADDITIONAL REVIEW SUBJECT:

REGULAR BOARD MEETINGS AND RULES (QUORUM AND PARLIAMENTARY PROCEDURE)

All Board meetings will be open to the public except those portions that are executive sessions. The Board will make reasonable efforts to ensure that all meetings are held in an appropriate facility that can adequately accommodate all members of the public who wish to attend. The Superintendent will attend all Board meetings. Members of the Superintendent's staff may attend Board meetings at the Superintendent's discretion. The Board may also request that additional people attend. Regular Board meetings will take place on the day and time designated by the Board at the Annual Organizational Meeting, except as modified. Any Board meeting may be adjourned to a future date and time if approved by a majority of the Board present. Further, if a meeting date falls on a legal holiday, interferes with other area meetings, or Board member attendance will be less than a quorum, the Board will select a date for a postponed meeting at the prior regular meeting, and it will direct the Clerk to notify all members. The District Clerk will provide the Board members written notice of the time of and agenda for each regular meeting before the meeting. When the Board schedules a meeting on at least one week's notice, it will give or electronically transmit public notice of the time and place to the news media and conspicuously post the notice in one or more designated public locations at least 72 hours before the meeting. Notice of other meetings will be given or electronically transmitted, to the extent practicable, to the news media and conspicuously posted at one or more designated public locations at a reasonable time before the meeting. When the District has the ability to do so, it will conspicuously post the meeting notices on its website. If videoconferencing or online technology is used to conduct a meeting, the public notice for the meeting will inform the public, identify all the locations for the meeting, and state that the public has the right to attend at any of the locations. If a meeting is streamed live over the Internet, the public notice will inform the public of the website's Internet address. Voting may be done through videoconferencing, provided that members can be both seen and heard voting and participating from remote locations. The Superintendent will prepare the meeting agenda during the week before the meeting and review it with the Board President. The agenda will then be distributed to Board members no later than the Friday before the regular meeting. The President or other Board members will submit requests to place matters on the agenda to the Superintendent. Whenever individuals or groups wish to bring a matter to the attention of the Board, they will submit a written request to the Superintendent. District records available to the public under the Freedom of Information Law, as well as any proposed resolution, rule, regulation, policy, or amendment scheduled to be discussed at a Board meeting will be made available upon request, to the extent practicable at least 24 hours before the meeting. Copies of these records may be made available for a reasonable fee. These records will be posted on the District's website to the extent practicable at least 24 hours before the meeting.

(Continued)

2022

1510 2 of 3

Bylaws

SUBJECT:

REGULAR BOARD MEETINGS AND RULES (QUORUM AND PARLIAMENTARY PROCEDURE) (Cont'd.)

Recording Meetings The Board allows public meetings to be photographed, broadcast, webcast, or otherwise recorded by means of audio or video, in a non-disruptive manner, and it supports the use of this technology to facilitate the open communication of public business. Quorum The quorum for any Board meeting is four members. No formal action will be taken at any meeting where a quorum is not present. Unless otherwise required by law, official action will only be taken by approval of the majority of the full Board. Use of Parliamentary Procedure The Board will use pertinent portions of the latest edition of Robert's Rules of Order to conduct its business. Public Comment The Board encourages courteous and respectful public comment at Board meetings. All speakers must conduct themselves in a civil manner. Obscene language, harassing language, defamatory statements, and threats of violence are prohibited. All participants are required to comply with the District Code of Conduct. The Board will designate a specific portion of its meeting agenda for public comment for a period of up to 40 30 minutes on agenda items only. The public is not permitted to discuss topics unrelated to the District, matters unrelated to the agenda, and/or matters involving specific individuals. Each speaker will be allowed up to four three minutes. The Board may request, but will not require, speakers identify themselves. The Board is not required to allow speakers to cede their remaining time to other speakers. Written comments may be directed to the Board. If there are a large number of individuals who want to address the Board, the Board President may limit the number of repetitive comments being made so that the time limit on public comment is not exceeded. If individuals engage in disruptive or unruly behavior during the meeting, the Board President will remind the audience of this policy and the requirement to conduct themselves in a civil manner and comply with the District Code of Conduct. The Board President may call for the removal of disruptive or unruly individuals from the meeting. When appropriate, law enforcement may be called to remove disruptive or unruly individuals. In some instances, individuals engaging in disruptive or unruly behavior may be subject to criminal sanctions. (Continued)

2022 Bylaws

SUBJECT:

REGULAR BOARD MEETINGS AND RULES (QUORUM AND PARLIAMENTARY PROCEDURE) (Cont'd.)

These rules apply to residents and nonresidents equally.

Education Law §§ 1708, 2504, and 2801 General Construction Law § 41 Penal Law § 240.20 Public Officers Law Article 7 8 NYCRR § 100.2

NOTE:

Refer also to Policies #1520 -- Special Meetings of the Board #1540 -- Executive Sessions #6211 -- Employment of Relatives of Board Members

Adoption Date

1510 3 of 3

2022

1520

Bylaws

SUBJECT:

SPECIAL MEETINGS OF THE BOARD

Any member of the Board may call for a special meeting. A reasonable and good-faith effort will be made by the Superintendent or the Board president, as the case may be, to give every member of the Board 24-hours' notice of the time, place, and purpose of the meeting. In an emergency, however, the members may waive the 24-hour notice requirement. All special meetings will be held at a regular meeting place of the Board and in accordance with all applicable provisions of the Open Meetings Law. Public notice of the time and place will be given, to the extent practicable, to the news media, and it will be conspicuously posted in one or more designated public locations at a reasonable time before the meeting.

Education Law § 1606(3) Public Officers Law §§ 103 and 104

NOTE:

Refer also to Policy #1510 -- Regular Board Meetings and Rules (Quorum and Parliamentary Procedure)

Adoption Date

2022

1530

Bylaws

SUBJECT:

MINUTES

The minutes are a legal record of the activities of the Board as a public corporation having the specified legal purpose of maintaining public schools. The minutes of all meetings will be kept by the Clerk or, in his or her absence, by the Superintendent or designee. The minutes will be complete and accurate, and maintained in accordance with law, and posted on the District website. However, minutes of executive sessions need not include any matter which is not required to be made public by the Freedom of Information Law (FOIL). The minutes of each meeting of the Board will state: a)

The type of meeting;

b)

The date, time of convening, and adjournment;

c)

Board members present and absent;

d)

Board members' arrival and departure time, if different from opening or adjournment times;

e)

All action taken by the Board, including a record or summary of all motions, proposals, resolutions, and other matters formally voted upon, with evidence of those voting in the affirmative and the negative, and those abstaining.

All Board minutes must be signed by the District Clerk when approved and maintained in accordance with law. Unless otherwise provided by law, minutes will be available to the public within two weeks following the date of a meeting; draft copies, so marked, are acceptable, subject to correction. DOES THIS NEED TO BE INCLUDED? Minutes of Executive Sessions Minutes will be taken at executive sessions of any action that is taken by formal vote. The minutes will consist of a record or summary of the final determination of the action, the date, and the vote. However, this summary need not include any matter which is not required to be made public by the FOIL. If action is taken by a formal vote in executive session, minutes will be available to the public within one week of the date of the executive session.

Education Law §§ 2121 and 3020-a Public Officers Law §§ 103 and 106

Adoption Date

2022

1540

Bylaws

SUBJECT:

EXECUTIVE SESSIONS

Upon a majority vote of its total membership, taken in an open meeting in accordance with a motion identifying the general area or areas of the subject or subjects to be considered, the Board may conduct an executive session for discussion of the below listed purposes only, provided, however, that no action by formal vote will be taken except on an Education Law Section 3020-a probable cause finding. For all other purposes, the action by formal vote will be taken in open meeting and properly recorded in the minutes of the meeting. Attendance at an executive session will be permitted to any Board member and any persons authorized or requested to attend by the Board. The Superintendent will attend all executive sessions except those that concern his or her evaluation, employment, or salary. a)

Matters that will imperil the public safety if disclosed;

b)

Any matter that may disclose the identity of a law enforcement agent or informer;

c)

Information relating to current or future investigation or prosecution of a criminal offense that would imperil effective law enforcement if disclosed;

d)

Discussions regarding proposed, pending or current litigation;

e)

Collective negotiations pursuant to Civil Service Law Article 14;

f)

Medical, financial, credit, or employment history of any particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of any particular person or corporation;

g)

Preparation, grading, or administration of examinations;

h)

Proposed acquisition, sale, or lease of real property or the proposed acquisition of securities, or sale or exchange of securities, but only when publicity would substantially affect the value.

Motions for executive sessions should state the subject or subjects to be discussed in executive session. It is insufficient to merely recite statutory language. Matters discussed in executive sessions must be treated as confidential.

Education Law §§ 1708(3) and 3020-a Public Officers Law Article 7

Adoption Date

2022

1610

Bylaws

SUBJECT:

ANNUAL DISTRICT MEETING AND ELECTION/BUDGET VOTE

The Annual District Meeting and Election/Budget Vote for the District will be held on the third Tuesday in May. At this time, the District's registered voters will elect members of the Board and will also vote on the District Budget for the upcoming school year. However, in the event that the third Tuesday in May conflicts with a religious holiday, the Board may petition the Commissioner of Education to obtain permission to hold the Annual Meeting and Election/Budget Vote on the second Tuesday in May. This request from the Board must be certified and received by the Commissioner no later than March 1. In the event that a school budget revote is necessary, it will be held on the third Tuesday of June. However, in the event that the third Tuesday of June conflicts with a religious holiday, the Board may petition the Commissioner of Education to obtain permission to hold the budget revote on the second Tuesday in June. This request from the Board must be certified and received by the Commissioner no later than March 1. The District Clerk will give notice of the time and place of holding the Annual Meeting and Election/Budget Vote by publishing this notice four times within seven weeks preceding the meeting. The first publication of the notice must be at least 45 days prior to the meeting. This notice must appear in two newspapers, if there are two newspapers which have a general circulation within the District, or one newspaper, if there is one newspaper with a general circulation within the District. The notice must also contain any other information as required by law. Copies of the proposed annual operating budget for the succeeding year to be voted upon at the Annual Meeting and Election will be available to District residents, on request, in each District school building during certain designated hours on each day other than a Saturday, Sunday, or holiday during the 14 days preceding the Annual Meeting. The availability of this budget information will be included in a legal notice of the Annual Meeting; and the copies of the proposed budget will also be available to District residents at the time of the Annual Meeting and Election.

Education Law §§ 1608, 1716, 1804(4), 1906(1), 2003(1), 2004(1), 2007(3), 2017(5), 2017(6), 2022(1), 2504, and 2601-a(2)

NOTE:

Refer also to Policy #1640 -- Absentee Ballots

Adoption Date

2022

1611

Bylaws DO WE NEED THIS POLICY?

SUBJECT:

BUSINESS OF THE ANNUAL DISTRICT ELECTION

The Board will appoint a qualified voter as chairperson of the Annual District Meeting and Election/Budget Vote. The chairperson will call the Annual District Meeting to order and proceed to the following order of business: a)

Designate the District Clerk as clerk of the election and assistant clerks;

b)

Designate tellers and/or inspectors of election as previously appointed by the Board;

c)

Read the notice of call of the election by the Clerk;

d)

Open the voting process, whether by machine or paper ballot;

e)

Close the voting process;

f)

Receive the Clerk's report of the election results;

g)

Adjourn.

Education Law §§ 1716, 2025, and 2601-2613

Adoption Date

2022

1620

Bylaws

SUBJECT:

ANNUAL ORGANIZATIONAL MEETING

The Annual Organizational Meeting of the Board will be held on the first Tuesday in July of each year, unless that day is a legal holiday, in which event it will be held on the first Wednesday in July. The Board will may pass a resolution, however, to hold its Annual Organizational Meeting at any time during the first 15 days of July. Officers The meeting will be called to order by the District Clerk, who will act as a Temporary Chairperson. The Board will proceed to the election of a President and Vice President. The President will then take the chair. The Board will then elect a Vice President. Election will be by a majority vote. Oath of Office The District Clerk will administer the Oath of Office to the newly elected officers and new members of the Board.

Education Law §§ 1701, 1707, 2502, and 2504 Public Officers Law § 10

Adoption Date

2022

1630

Bylaws

SUBJECT:

LEGAL QUALIFICATIONS OF VOTERS AT DISTRICT MEETINGS

A person will be entitled to register and vote at any school meeting for election of members of the Board, and upon all matters which may be brought before such meeting, who is: a)

A citizen of the United States;

b)

Eighteen years of age or older;

c)

A resident within the District for a period of the past 30 days; preceding the next meeting at which he or she offers to vote.

Any person who would not be qualified to register or vote under the provisions of Election Law Sections 5-100 and 5-106 will not have the right to register for or vote in an election.

Education Law §§ 2012, 2014, 2025, and 2603 Election Law Article 5

Adoption Date

NEW POLICY NUMBER 1635 From Current Policy Manual #1050 2022

1635

Bylaws Voter Proof of Residency Every voter is required to provide one form of proof of residency in order to vote in any annual or special school district election or vote. Acceptable forms of identification must indicate the name and address of the voter. By way of example, the following are forms of proof, which are considered acceptable by the District: • • • •

Valid driver’s license; Non-driver identification card; Utility bill; Voter registration card.

The District Clerk decides any questions concerning the validity of the proof of residency presented. Where a prospective voter presents no proof of residency or the proof offered is otherwise unacceptable, the individual will be permitted to vote only if he/she signs the declaration of voter eligibility stating that he/she is a qualified voter of the Webster Central School District. Adoption Date

2022

1640 1 of 3

Bylaws

SUBJECT:

ABSENTEE BALLOTS

The Board authorizes the District Clerk or a Board designee to provide absentee ballots to qualified District voters. Absentee ballots will be used for the election of Board members and District public library trustees, the adoption of the annual budget. and District public library budget and referenda. A District voter must request in advance an application for an absentee ballot. The voter must complete the application and state the reason he or she will not be able to appear in person on the day of the District election/vote for which the absentee ballot is requested. The application must be received by the District Clerk or Board designee at least seven days before the election/vote if the ballot is to be mailed to the voter, or the day before the election/vote if the ballot is to be delivered personally to the voter. An absentee ballot will also be mailed to every qualified District voter otherwise eligible for an absentee ballot who sends a signed letter requesting an absentee ballot which states the address of the voter to the District Clerk or Board designee. The signed letter must be received by the District Clerk or Board designee not earlier than the thirtieth day before the election/vote and at least seven days before the election/vote. Enclosed with the absentee ballot will be an application form for the absentee ballot. The absentee ballot will not be counted unless a valid application form is enclosed with the ballot. A qualified District voter is eligible to vote by absentee ballot if he or she is unable to appear to vote in person on the day of the District election/vote because he or she: a)

Is or will be a patient in a hospital, or is unable to appear personally at the polling place on the day of the election/vote because of illness or physical disability;

b)

Has duties, occupation or business responsibilities, or studies which require being outside of the county or city of residence on the day of the District election/vote;

c)

Will be on vacation outside of the county or city of residence on the day of the District election/vote;

d)

Will be absent from the voting residence due to detention in jail awaiting action by a grand jury or awaiting trial; or is confined in prison after conviction for an offense other than a felony; or

e)

Will be absent from the District on the day of the District election/vote by reason of accompanying spouse, parent, or child who is or would be, if he or she were a qualified voter, entitled to apply for the right to vote by absentee ballot.

Statements on the application for absentee ballot must be signed and dated by the voter. A voter's absentee ballot must reach the Office of the District Clerk or Board designee not later than 5 p.m. on the day of the election/vote in order that his or her vote may be canvassed. (Continued)

2022

1640 2 of 3

Bylaws

SUBJECT:

ABSENTEE BALLOTS (Cont'd.)

Qualified District voters who are unable to personally appear at the polling place because of a permanent illness or physical disability and whose registration record has been marked "permanently disabled" pursuant to law are entitled to receive an absentee ballot without application if they have previously applied for an absentee ballot. A list of all persons to whom absentee ballots have been issued will be maintained in the Office of the District Clerk or Board designee and made available for public inspection during regular office hours until the day of the election/vote. Any qualified voter may, upon examination of this list, file a written challenge of the qualifications as a voter of any person whose name appears on this list, stating the reason for the challenge. The written challenge will be transmitted by the District Clerk or Board designee to the election inspectors on the day of the District election/vote. In addition, any qualified voter may challenge the acceptance of the absentee voter's ballot of any person on this list by making his or her reasons known to the election inspector before the close of the polls. Military Ballots The Board authorizes the District Clerk or a Board designee to provide military ballots to military voters to be used for the election of Board members and District public library trustees, the adoption of the annual budget. and District public library budget and referenda. A military voter is: a)

b)

A qualified voter of New York State who: 1.

Is in actual military service and, by reason of that military service, is absent from the District on the day of registration or election; or

2.

Is discharged from that military service within 30 days of an election; or

A spouse, parent, child, or dependent of the previously described voter, accompanying or being with that voter, if a qualified voter of New York State and a resident of the District.

A military voter may designate a preference to receive a military ballot application or a military ballot by mail, fax, or email. This designation will remain in effect until revoked or changed by the military voter. If a military voter does not designate a preference, a military ballot application or a military ballot will be provided to the military voter by mail. Military ballots will be distributed as soon as practicable, but no later than 25 days before the election/vote.

(Continued)

2022

1640 3 of 3

Bylaws

SUBJECT:

ABSENTEE BALLOTS (Cont'd.)

Three days before the first day for distribution of military ballots, the names of all candidates duly nominated for public office and the amendments, referenda, propositions, and questions to be voted for on the ballots will be determined. If, at a later date, the nomination of any candidate named on a military ballot is found invalid, the ballot will still be valid, but no vote for the invalid candidate will be counted in the election/vote. A voter's military ballot must be received by the Office of the District Clerk or Board designee not later than 5 p.m. on the day of the election/vote in order that his or her vote may be canvassed at which point the military ballot will be processed in the same manner as absentee ballots. All military ballot applications and military ballots must be returned by mail or in person.

Education Law §§ 2014, 2018-a, 2018-b, 2018-d, and 2613 8 NYCRR Part 122

Adoption Date 2022

1650

Bylaws

SUBJECT:

SUBMISSION OF QUESTIONS AND PROPOSITIONS AT THE ANNUAL MEETING AND ELECTION AND SPECIAL DISTRICT MEETINGS

Questions and Propositions at the Annual Meeting and Election The following rules and regulations will apply to the submission of questions or propositions at the annual meeting and election of this District: a)

Questions or propositions must be submitted by petition directed to the District Clerk and must be signed by 25 qualified voters, or 5% of the registered voters of the District who voted in the previous annual election of Board members, whichever is greater.

b)

A separate petition will be required for each question or proposition.

c)

Each petition must be filed with the District Clerk. Petitions relating to an Annual Election must be filed not later than 60 days preceding the election at which the question or proposition is to be voted upon.

d)

Questions or propositions submitted in accordance with these rules and accepted will be printed on the ballot. The District, however, retains the right to reject petitions as permitted by law, including, but not limited to, instances where the petitions are advisory in nature or beyond the power of the voters.

e)

The Board will cause the rules and regulations set forth in this policy to be distributed within the District. Needs clarification

f)

Nothing in this policy affects the nominations of candidates as set forth in the Annual District Election notice in accordance with Education Law Section 2018.

Questions or Propositions to be Submitted at Special District Meetings The procedure for requesting the Board to call a Special District Meeting to vote on a question or proposition will be in accordance with Education Law. Needs clarification.

Education Law §§ 1703, 2008, 2018, 2035(2), and 2601-a

Adoption Date

2022

2000

Internal Operations

Webster Central School District

NUMBER

INTERNAL OPERATIONS 1.1 Orienting and Training Board Members .................................................................... 2110 BOARD OF EDUCATION COMMITTEES 2.1 Committees of the Board ........................................................................................... 2210 BOARD OF EDUCATION ACTIVITIES 3.2 Attendance by Board Members at Conferences, Conventions, and Workshops ....... 2320 3.3 Compensation and Expenses ..................................................................................... 2330 3.4 Board Self-Evaluation................................................................................................ 2340

2022

2110

Internal Operations

SUBJECT:

ORIENTING AND TRAINING BOARD MEMBERS

The Board and its staff will assist each new member-elect to understand the Board's functions, policies, and procedures before he or she takes office, by: a)

Giving the electee selected materials relating to the responsibilities of Board membership supplied by local, state, or national school-board associations or other professional organizations;

b)

Inviting the electee to attend Board meetings and to participate in its discussions;

c)

Having the Clerk supply material pertinent to meetings and explaining its use;

d)

Inviting the electee to meet with the Superintendent and other administrative personnel to discuss services they perform for the Board;

e)

Having the clerk provide a copy of or access to the Board's policies and bylaws;

f)

Providing the opportunity to attend a local, state, or national school-board association's orientation program.

Board Member Training Within the first year of election or appointment, each Board member must complete a minimum of six hours of training on the financial oversight, accountability, and fiduciary responsibilities of a school board member and a training course acquainting him or her with the powers, functions, and duties of Boards, as well as the powers and duties of other governing and administrative authorities affecting public education. Re-elected Board members will not be required to repeat this training. The curriculum and provider of this training must be approved by the Commissioner of Education. Upon completing the required training, the Board member will file with the District Clerk a certificate of completion issued by the provider of the training. Actual and necessary expenses incurred by a Board member in complying with these requirements are a lawful charge to the District.

Education Law § 2102-a 8 NYCRR § 170.12(a)

Adoption Date

2022

2210

Internal Operations

SUBJECT:

COMMITTEES OF THE BOARD

The Board and/or the President of the Board may, at its discretion, establish committees for the purpose of undertaking a specific task in connection with Board activity. These committees, however, cannot make legal decisions for the entire Board. At the request of the Board, the President will appoint temporary committees consisting of less than a quorum of the full membership for special purposes. These committees will be discharged on the completion of their assignment. The President of the Board will be an ex-officio member of these committees. The Board recognizes that it may be necessary to periodically authorize advisory committees for the purpose of enlisting opinions and counsel of the general public. These committees will be appointed by the Board. The Board has the right to accept, reject, or modify all or any part of a committee recommendation. Audit Committee The Board has established an audit committee to oversee the annual audit of the District and report on its findings to the Board. Is this required by law? Visitation Committees The Board will appoint one or more committees to visit every school or department at least once annually and report on their conditions at the next regular meeting of the Board.

Education Law §§ 1708, 2116-c, and 4601

NOTE:

Refer also to Policy #5572 -- Audit Committee

Adoption Date

2022

2320

Internal Operations

SUBJECT:

ATTENDANCE BY BOARD MEMBERS AT CONFERENCES, CONVENTIONS, AND WORKSHOPS

The Board believes that continuing in-service training and development are important for its members. The Board, therefore, encourages the participation of all members at appropriate school board conferences, conventions, and workshops which are believed to be of benefit to the District. However, in order to control both the investment of time and funds necessary to implement this policy, the Board establishes the following guidelines: a)

The Board Clerk will inform the Board of upcoming conferences, conventions, and workshops. The Board will periodically decide which meetings appear to be most likely to produce direct and indirect benefits to the District. At least annually, the Board will identify those new ideas or procedures and/or cost benefits that can be ascribed to participation at these meetings.

b)

Funds for participation at conferences, conventions, workshops and the like will be budgeted for on an annual basis. When funds are limited, the Board will designate which members are to participate at a given meeting.

c)

Reimbursement to Board members for all actual and necessary registration fees, expenses of travel, meals and lodging, and all necessary tuition fees incurred in connection with attendance at conferences and the like will be in accordance with established regulations for expense reimbursement.

d)

When a conference, convention, or workshop is not attended by the full Board, those who do participate will be requested to share information, recommendations, and materials acquired at the meeting.

The authorization for Board members to attend a conference, convention, or workshop will be by Board resolution adopted prior to attendance. However, the Board, in its discretion, may delegate the power to authorize attendance at conferences to the President of the Board. Where authorization has been delegated to the President of the Board, no expense or claim form will be paid unless a travel order or similar document signed by the President is attached to the form, authorizing the claimant to attend the conference.

Education Law § 2118 General Municipal Law §§ 77-b and 77-c

NOTE:

Refer also to Policies #5323 -- Reimbursement for Meals/Refreshments #6161 -- Conference/Travel Expense Reimbursement

Adoption Date

2022

2330

Internal Operations

SUBJECT:

COMPENSATION AND EXPENSES

No member of the Board may receive any compensation for his or her services unless he or she also serves as District Clerk and is paid as Clerk. All members of the Board may be reimbursed for actual expenses incurred in representing the District. All bills or claims for reimbursement must be itemized in reasonable detail. Conference Travel for Newly Elected Board Members In accordance with General Municipal Law, the Board, by a majority vote, may authorize a newly elected Board member whose term of office has not yet commenced to attend a conference. This conference travel must be for official District business utilizing a cost-effective and reasonable method of travel. Authorization must be by resolution adopted prior to attendance and duly entered in the minutes. However, the Board may delegate the power to authorize attendance at a conference to the Board President or Board Vice President.

Education Law § 2118 General Municipal Law §§ 77-b and 77-b(2)

Adoption Date

2022

2340

Internal Operations

SUBJECT:

BOARD SELF-EVALUATION

The Board will review the effectiveness of its internal operations at least once annually and formulate a plan for improving its performance. The Superintendent and others who work regularly with the Board may be asked to participate in this review and to suggest ways by which the Board can improve its functioning as a legislative body.

Adoption Date

2022

3000

Community Relations

Webster Central School District

NUMBER

SCHOOL COMMUNITY RELATIONS 1.1 1.2 1.4 1.5 1.6 1.7 1.8

Media/Municipal Governments/Senior Citizens ....................................................... 3110 District Standards and Guidelines for Web Page Publishing .................................... 3120 Flag Display ............................................................................................................... 3140 School Volunteers ...................................................................................................... 3150 Charter Schools .......................................................................................................... 3160 Cooperation with Volunteer Fire Departments .......................................................... 3170 Parent, Student and Teacher Organizations ............................................................... 3180

PARTICIPATION BY THE PUBLIC 2.1 2.2 2.3 2.7

Visitors to the School................................................................................................. 3210 Use of Assistance Animals ........................................................................................ 3220 Public Complaints ...................................................................................................... 3230 Solicitations 2.7.1 Solicitation of Charitable Donations.............................................................. 3271 2.7.2 Advertising in the Schools ............................................................................. 3272 2.8 Use of School Facilities, Materials, and Equipment .................................................. 3280 2.8.1 Use of Facilities by the Boy Scouts of America and Patriotic Youth Groups ................................................................................................. 3281 2.9 Operation of Motor-Driven Vehicles on District Property ........................................ 3290 DISTRICT RECORDS 3.1 Public Access to Records ........................................................................................... 3310 3.2 Confidentiality of Computerized Information ........................................................... 3320 PUBLIC ORDER ON SCHOOL PROPERTY 4.1 Code of Conduct ........................................................................................................ 3410 4.1.1 Prohibition of Weapons on School Grounds ................................................. 3411 4.1.2 Threats of Violence in School ....................................................................... 3412 4.2 Non-Discrimination and Anti-Harassment in the District ......................................... 3420 4.2.1 Title IX and Sex Discrimination .................................................................... 3421 4.3 Diversity, Equity, and Inclusion in the District ......................................................... 3430 EMERGENCY SITUATIONS 5.1 Emergency School Closings ...................................................................................... 3510 5.2 Extraordinary Circumstances ..................................................................................... 3520

2022

3170

Community Relations NEW POLICY NUMBER 3170 From Current Policy Manual #2020

Cooperation with Volunteer Fire Departments The Webster Central School District supports its employees’ membership in Volunteer Fire Departments. Accordingly, the Superintendent or designee is authorized to establish regulations governing the circumstances under which an on-duty employee, who is a member of a Volunteer Fire Department, may respond to fire calls. Adoption Date

2022

3180

Community Relations NEW POLICY NUMBER 3180 From Current Policy Manual #2050

Parent, Student and Teacher Organizations The Board of Education recognizes the importance of Parent, Student and Teacher Organizations and their overall purpose to make every child’s potential a reality by engaging and empowering families and communities to advocate for all children. Therefore, parents, students, staff members and members of the community are encouraged to join Parent, Student and Teacher Organizations and to participate actively in their programs.

Adoption Date

2022

6000

Personnel

Webster Central School District

NUMBER

PERSONNEL 1.1 Code of Ethics for Board Members and All District Personnel ................................ 6110 1.1.1 Testing Misconduct and Mandatory Reporting Requirements ...................... 6111 1.2 Equal Employment Opportunity ................................................................................ 6120 1.2.1 Sexual Harassment in the Workplace ............................................................ 6121 1.2.2 Employee Grievances .................................................................................... 6122 1.3 Evaluation of Personnel ............................................................................................. 6130 1.4 Employee Medical Examinations .............................................................................. 6140 1.5 Alcohol, Tobacco, Drugs, and Other Substances (Staff) ........................................... 6150 1.5.1 Drug-Free Workplace .................................................................................... 6151 1.6 Professional Growth/Staff Development ................................................................... 6160 1.6.1 Conference/Travel Expense Reimbursement................................................. 6161 1.7 Fingerprinting Clearance of New Hires ..................................................................... 6170 1.8 Staff-Student Relations (Fraternization) .................................................................... 6180 CERTIFIED PERSONNEL 2.1 Certified Personnel 2.1.1 Employment of Related Individuals Relatives of Board Members ............... 6211 2.1.2 Certification and Qualifications ..................................................................... 6212 2.1.3 Registration and Professional Learning ......................................................... 6213 2.1.4 Incidental Teaching........................................................................................ 6214 2.1.5 Probation and Tenure ..................................................................................... 6215 2.1.6 Disciplining a Tenured Teacher or Certified Personnel ................................ 6216 2.1.7 Professional Staff: Separation ....................................................................... 6217 2.2 Temporary Personnel ................................................................................................. 6220 SUPPORT STAFF 3.1 Appointment - Support Staff...................................................................................... 6310 3.2 Supplementary School Educational Support Personnel............................................. 6320 ACTIVITIES 4.1 Staff Acceptable Use Policy ...................................................................................... 6410 4.1.1 Use of Email in the District ........................................................................... 6411 4.2 Employee Personnel Records and Release of Information ........................................ 6420 4.3 Employee Political Activities .................................................................................... 6430 4.5 Theft of Services or Property ..................................................................................... 6450

2022

6000

Personnel

Webster Central School District

NUMBER

COMPENSATION AND RELATED BENEFITS 5.4 Defense and Indemnification of Board Members and Employees ............................ 6540 5.5 Leaves of Absence ..................................................................................................... 6550 5.5.1 Family and Medical Leave Act (FMLA) ....................................................... 6551 5.5.2 Military Leaves of Absence ........................................................................... 6552 5.6 Determination of Employment Status: Employee or Independent Contractor .......... 6560 5.6.2 Employment of Retired Persons .................................................................... 6562 5.7 Remote Working ........................................................................................................ 6570

2022

6110 1 of 3

Personnel

SUBJECT:

CODE OF ETHICS FOR BOARD MEMBERS AND ALL DISTRICT PERSONNEL

General Provisions Officers and employees of the District hold their positions to serve and benefit the public, and not to obtain unwarranted personal or private gain in the exercise of their official powers and duties. The Board recognizes that, in furtherance of this fundamental principle, there is a need for clear and reasonable standards of ethical conduct. The provisions of this policy are intended to supplement Article 18 of the General Municipal Law and any other law relating to ethical conduct of District officers and employees, and should not be construed to conflict with those authorities. Standards of Conduct The following rules and standards of conduct apply to all officers, including Board members, and employees of the District. Gifts No person may directly or indirectly solicit, accept, or receive any gift having a value of $75 or more under circumstances in which it could reasonably be inferred that the gift was intended or expected to influence the individual in the performance of his or her official duties or was intended as a reward for any official action on the part of the individual. This prohibition applies to any gift, including money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form. Confidential Information No person may disclose confidential information acquired by him or her in the course of his or her official duties or use this information to further his or her personal interests. Conflicts of Interest Except as permitted by law, no person may have an interest in any contract with the District when he or she, individually, or as a member of the Board, has the power or duty to: negotiate, prepare, authorize, or approve the contract or authorize or approve payment under the contract; audit bills or claims under the contract; or appoint an officer or employee who has any of these powers or duties. Likewise, unless permitted by law, no chief fiscal officer, treasurer, or his or her deputy or employee, may have an interest in a bank or trust company designated as a depository, paying agent, registration agent, or for investment of funds of the District.

(Continued)

2022

6110 2 of 3

Personnel

SUBJECT:

CODE OF ETHICS FOR BOARD MEMBERS AND ALL DISTRICT PERSONNEL (Cont'd.)

No employee, officer, or agent will participate in selecting, awarding, or administering a contract supported by a federal award if he or she has a real or apparent conflict of interest. These conflicts could arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of these parties has a financial or other interest in or a tangible personal interest benefit from a firm considered for a contract. Employees, officers, and agents will not solicit or accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. The District may, however, set standards for situations where the financial interest is not substantial or the gift is an unsolicited item of nominal value. "Interest," as used in this policy, means a direct or indirect pecuniary or material benefit accruing to a District officer or employee as the result of a contract with the District. A District officer or employee will be considered to have an interest in the contract of: his or her spouse, minor children and dependents, except a contract of employment with the District; a firm, partnership or association of which he or she is a member or employee; a corporation of which he or she is an officer, director or employee; and a corporation any stock of which is owned or controlled directly or indirectly by him or her. The provisions of the preceding four paragraphs should not be construed to preclude the payment of lawful compensation and necessary expenses of any District officer or employee in one or more positions of public employment, not prohibited by law. Representing Others in Matters Before the District No person may receive, or enter into any agreement, express or implied, for compensation for services rendered in relation to any matter before the District. Likewise, no one may receive, or enter into any agreement, express or implied, for compensation for services rendered in relation to any matter before the District, where the individual's compensation is contingent upon any action by the District with respect to the matter. Disclosure of Interest in Contracts and Resolutions Any District officer or employee who has, will have, or later acquires an interest in or whose spouse 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 must publicly disclose the nature and extent of that interest in writing. The disclosure must be made when the officer or employee first acquires knowledge of the actual or prospective interest, and must be filed with the person's immediate supervisor and the Board. Any written disclosure will be made part of and included in the official minutes of the relevant Board meeting.

(Continued)

2022

6110 3 of 3

Personnel

SUBJECT:

CODE OF ETHICS FOR BOARD MEMBERS AND ALL DISTRICT PERSONNEL (Cont'd.)

Investments in Conflict with Official Duties No person may invest or hold any investment directly or indirectly in any financial, business, commercial, or other private transaction, that creates a conflict with his or her official duties, or that would otherwise impair his or her independence of judgment in the exercise or performance of his or her official powers or duties. Private Employment No person may engage in, solicit, negotiate for, or promise to accept private employment or render services for private interests when that employment or service creates a conflict with or impairs the proper discharge of his or her official duties. Future Employment No person may, after the termination of service or employment with the District, appear before the District on behalf of his or her employer 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 with the District or which was under his or her active consideration while he or she was with the District. Notice of Code of Ethics and General Municipal Law Sections 800-809 The Superintendent will ensure that a copy of this code of ethics is distributed to every District officer and employee, and that a copy of General Municipal Law Sections 800-809 is posted conspicuously in each District building. The failure to distribute this code of ethics or to post General Municipal Law Sections 800-809 will have no effect on either the duty of District officers and employees to comply with their provisions, or the ability of the District or other relevant authorities to enforce them. Penalties Any person who knowingly or intentionally violates any of the provisions of this policy may be fined, suspended, removed from office or employment, or subject to additional or other penalties as provided by law.

Education Law § 410 General Municipal Law Article 18 and § § 800-809 2 CFR § 200.318(c)(1)

Adoption Date

2022

6540 1 of 2

Personnel

SUBJECT:

DEFENSE AND INDEMNIFICATION OF BOARD MEMBERS AND EMPLOYEES

Liability Protection in Accordance with Education Law The Board recognizes its statutory obligation to indemnify District employees (and in certain circumstances, Board members and volunteers) in accordance with the provisions of Education Law. For the purposes of this policy, the term "employee" will be as defined in the applicable statute(s). The District will not be subject to the duty to defend unless the employee, within the time prescribed by statute, delivers appropriate notice of the claim to the Board. For purposes of Education Law, the employee must give written notice to the Board within five days after service of process upon him or her and must deliver the original or a copy of the relevant legal documents to the Board within ten days after service of process upon him or her. The District will provide legal defense and/or indemnification for all damages, costs, and reasonable expenses incurred in the defense of an action or proceeding if authorized by statute and provided that the alleged action or omission which occurred or allegedly occurred is covered by the appropriate statute(s). Furthermore, the District will not be required to provide indemnification protection and/or legal defense unless the employee was, at the time of the alleged incident, acting in the discharge of his or her duties within the scope of his or her employment or authorized volunteer duties and/or under the direction of the Board. Public Officers Law Section 18 The Board hereby also confers the benefits of New York State Public Officers Law Section 18 upon the "employees" of the District, as defined in Public Officers Law Section 18; the District assumes the liability for the costs incurred in accordance with the provisions of Public Officers Law Section 18. The benefits accorded to District employees under Public Officers Law Section 18 will supplement and be available in addition to defense or indemnification protection conferred by other enactment or provisions of law. The term "employees" includes members of the Board, the Superintendent, District officers, District employees, volunteers expressly authorized to participate in a District-sponsored volunteer program, or any other person holding a position by election, appointment, or employment in the service of the District, whether or not compensated. The term "employee" also includes a former employee, their estate or judicially appointed representative. The District will provide for the defense of the employee in any civil action or proceeding, state or federal, arising out of any alleged act or omission which occurred or allegedly occurred while the employee was acting within the scope of his or her public employment or duties. Furthermore, the District will indemnify and save harmless its employees in the amount of any judgment obtained against such employees in a state or federal court, or in the amount of any settlement of a claim, provided that (Continued)

2022

6540 2 of 2

Personnel

SUBJECT:

DEFENSE AND INDEMNIFICATION OF BOARD MEMBERS AND EMPLOYEES (Cont'd.)

the act or omission from which the judgment or claim arose occurred while the employee was acting within the scope of his or her public employment or duties. However, in the case of a settlement, the duty to indemnify and save harmless will be conditioned upon the approval of the amount of the settlement by the Board. The duty to defend and/or indemnify and save harmless will be conditioned upon the delivery by the employee to the School Attorney or to the Superintendent a written request to provide for his or her defense, together with the original or a copy of any summons, complaint, process, notice, demand, or pleading within ten days after he or she is served with that document. The full cooperation of the employee in the defense of the action or proceeding and in the defense of any action or proceeding against the District based upon the same act or omission, and in the prosecution of any appeal, will also be required as a condition for the District's duty to defend and/or indemnify and save harmless to exist. Exceptions to Liability Coverage Indemnification coverage and/or provision of legal defense by the District will not apply unless the actionable claim is of the type covered by the statute(s) and/or is not otherwise exempt from coverage in accordance with law. Additionally, indemnification coverage and/or the duty to provide a defense will not arise where the action or proceeding is brought by or on behalf of the District.

Paul D. Coverdell Teacher Protection Act of 2001, as reauthorized by the Every Student Succeeds Act (ESSA) of 2015, 20 USC § 6731 et seq. Education Law §§ 1604(25), 1604(31-b), 1709(26), 1709(34-b), 2560, 3023, 3028, and 3811 General Municipal Law §§ 6-n and 52 Public Officers Law § 18

Adoption Date