2000 1410

By-Laws

WFL

SUBJECT: FORMULATION AND ADOPTION OF POLICY

  1. Policies are written rules, principles, guidelines and/or directives through which the Board governs the BOCES.

  2. The Board establishes policies to guide the action of those to whom it delegates authority.

  3. Policies are established by the Board to fulfill the legal requirements imposed upon the Board by Education Code, to prescribe and enforce rules not inconsistent with law or with the rules prescribed by the Regents and/or Commissioner.

  4. Policies are adopted, revised or rescinded only by action of the Board. Normal Board procedure will be to adopt, revise or rescind policies after a first reading at one meeting and a second reading at a subsequent meeting. However, the Board may vote to adopt, revise or rescind a policy at a single meeting when the board deems such action to be in the best interest of the BOCES.

  5. New and revised policies will be recorded in the Board Policy Manual immediately upon adoption. Rescinded policies will be removed immediately. This book will be available for reference purposes in the offices of this BOCES to all employees and to the public.

  6. It shall be the duty of the Board of Education to work collaboratively with the Executive Officer to insure the periodic review and revision of policies. Ideas for proposed policies may come from a variety of sources including the Board, the Executive Officer, other administrators, State and Federal regulations, staff and others.

  7. It shall be the standard practice of the Board to review one-third of the policy manual annually resulting in a complete review every three years.

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2000 1420

By-Laws

WFL/EB

SUBJECT: EXECUTION OF POLICY: ADMINISTRATIVE REGULATIONS

The Board delegates to the District Superintendent the function of specifying required actions and designing the detailed arrangements under which the BOCES will be operated. These rules and these detailed arrangements shall constitute the administrative regulations governing the BOCES. They must be in every respect consistent with the policies adopted by the Board. The Board shall be kept informed periodically of changes in administrative regulations.

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2000 1431

By-Laws

WFL/EB

SUBJECT:

REGULAR MEETINGS OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES

All Board meetings must be open to the public except those portions of the meetings which qualify as executive sessions. A "meeting" is defined as an official convening of a public body for the purpose of conducting public business and a "public body" is defined as an entity of two (2) or more persons which requires a quorum to conduct business, including committees and subcommittees.

Whenever such a meeting is to take place, there must be at least seventy-two (72) hours advance notice in accordance with the provisions of the Open Meetings Law. Notice of other meetings shall be given as soon as is practicable in accordance with law.

Regular meetings of the Board shall take place on the day and time designated by the Board at the Annual Reorganizational Meeting, except as modified at subsequent meetings of the Board.

In the event that a meeting date falls on a legal holiday, interferes with other area meetings, or there is an inability to attend the meeting by Board members to the extent that a quorum would not be present, the Board shall select a date for a postponed meeting at the previous regular meeting, and shall direct the Clerk to notify all members.

Any meeting of the Board may be adjourned to a given future date and hour if voted by a majority of the Board present.

a) Notwithstanding the foregoing, the Board shall in no event meet less than once each quarter.

b) All official business must be conducted with a quorum present and all decisions made on the basis of a majority vote of the entire Board membership.

c) An agenda shall be prepared by the District Superintendent of Schools, in consultation with the Board President, prior to the meeting. For regular meetings, the agenda shall be distributed at least 48 hours prior to the meeting.

d) The use of Conference phone equipment may be used for Board member participation in meetings when an individual member is not able to be physically present at the Board meeting. A Board Member must be physically present to be counted in the quorum and able to vote.

The District Superintendent and members of his/her staff at the District Superintendent’s discretion shall attend all meetings of the Board. The District Superintendent shall attend all executive session meetings of the Board except those that concern his/her evaluation and salary determination. The Board may request the attendance of such additional persons as it desires.

Public Officers Law Article 7

Education Law Section 1708

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2000 1432

By-Laws

WFL/EB

SUBJECT: ORDER OF BUSINESS AT REGULAR BOARD MEETINGS

Regular Meetings

At all regular meetings of the Board, the order of business shall be generally as follows, unless a change in such order shall be consented to by a majority of the Board:

  1. Opening of the Meeting by the President;

  2. Approval of the Agenda;

  3. Approval of Minutes of the Preceding Meeting;

  4. Routine reports and/or special reports; such as that of the Treasurer and District Clerk. Approval of bills;

  5. Personnel items;

  6. Other business;

  7. Adjournment.

With the consent of a majority of Board members, the President, for a stated reason, may alter the order of business.

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2000 1433

By-Laws

WFL/EB

SUBJECT: EXECUTIVE SESSIONS OF THE BOARD

The Board of Cooperative Educational Services may hold executive sessions where only members of the Board, the District Superintendent and other persons invited by the Board shall be present.

Upon a majority vote of its total membership, taken in an open meeting pursuant to 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 enumerated purposes only, provided, however, that no action by formal vote shall be taken except on a 3020-a probable cause finding. For all other purposes, the action by formal vote shall be taken in open meeting and properly recorded in the minutes of the meeting.

a) Matters which will imperil the public safety if disclosed;

b) Any matter which 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 which would imperil effective law enforcement, if disclosed;

d) Discussions regarding proposed, pending or current litigation;

e) Collective negotiations pursuant to Article 14 of the Civil Service Law;

f) The 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) The preparation, grading or administration of examinations;

h) The proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or sale or exchange of securities held by such public body, but only when publicity would substantially affect the value thereof.

Matters discussed in executive sessions must be treated as confidential; that is, never discussed outside of that executive session.

Public Officers Law Sections 105 and 106(2)(3)

Education Law Section 3020-a

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2000 1434

By-Laws

WFL/EB

SUBJECT: QUORUM

The quorum for any meeting of the Board of Cooperative Educational Services shall be five (5) members. No formal action shall be taken at any meeting at which a quorum is not present. A duly called meeting may be adjourned by less than a quorum if a quorum is not present within twenty (20) minutes after the time set for commencement of the meeting. In the event a meeting is adjourned, the President shall set the date, time and place of the reconvening of the adjourned meeting, with reasonable notice being given by the Clerk to all Board members.

If only a quorum exists (5 members), final action on resolutions cannot be taken except by unanimous votes. A resolution may be adopted only if passed unanimously by the five (5) members.

Education Law requires two-thirds vote by the Board to initially hire a teacher who is related to a Board member by blood or by marriage.

General Construction Law Section 41

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2000 1435

By-Laws

WFL/EB

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 shall be kept by the District Superintendent or his/her designee. The minutes shall be complete and accurate and stored in a minutes file.

The minutes of each meeting of the Board of Cooperative Educational Services shall state:

a) The type of meeting;

b) The date, time of convening, and adjournment;

c) Board members present and absent;

d) All action taken by the Board, with evidence of those voting in the affirmative and the negative, and those abstaining;

e) The nature of events that transpire, in general terms of reference.

Communications and other documents that are too long and bulky to be included in the minutes shall be referred to in the minutes and shall be filed in the District Office.

All Board minutes shall be signed by the Board Clerk when submitted and shall be kept in a permanent safe place. Minutes of the meeting shall be duplicated and mailed to each Board member just before the next regular meeting. Unless otherwise provided by law, minutes shall be available to the public within two (2) weeks following the date of a meeting; draft copies, so marked, are acceptable, subject to correction.

Public Officers Law Section 106

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2000 1436

By-Laws

SUBJECT: SPECIAL MEETINGS OF THE BOARD

Special meetings of the Board of Cooperative Educational Services shall be held on call by any member of the Board and shall also be called at the request of the District Superintendent. A reasonable and good faith effort shall be made by the District Superintendent or the Board President, as the case may be, to give every member of the Board twenty-four hours’ notice of the time, place and purpose of the meeting. All special meetings shall be held at a regular meeting place of the Board. No business, other than that specified in the notice, shall be transacted.

In an emergency, the twenty-four hour notice may be waived by unanimous consent of all Board members. When this occurs, it is advisable for the members to sign waiver-of-notice forms.

Public notice of the time and place shall be given, to the extent practicable, to the news media and shall be conspicuously posted in one or more designated public locations at a reasonable time prior to the meeting.

Special meetings shall be conducted according to the procedures specified for regular meetings. Special meetings shall be open to the public in the same manner as are regular meetings.

Special meetings shall be called for specific purposes, occasioned by matters of urgency, and shall not usurp the place of the regular, publicly designated Board of Cooperative Educational Services Meeting.

Order of Business

The order of business of special meetings of the Board shall be as follows:

a) Call to Order, Roll Call, Determination of Quorum;

b) Item or items of business as set forth in the notice of the meeting;

c) Adjournment.

Work Sessions

At the discretion of the President, special meetings of the Board may be periodically held for review of the instructional program, for consideration of policies and for analysis of ways and means by which the Board of Cooperative Educational Services programs may be improved.

When practical, members of the staff and knowledgeable citizens shall be invited to attend such meetings, to participate in the discussions and to present to the Board recommendations for improvement of the services rendered by the Board of Cooperative Educational Services.

 

Education Law Section 1606

Public Officers Law Section 104

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2000 1437

By-Laws

SUBJECT: ANNUAL MEETING

The Annual Meeting shall be held during the month of April, on or before April 15th, at such place and time as the Board President shall designate.

The meeting shall provide for:

a) Introduction of candidates for election to the Board; and,

b) Presentation of the tentative administrative, capital and program budgets.

The Clerk of the Board shall provide a notice of the date, time and place of the Annual Meeting to each of the members of the boards of education, chief school administrators and clerks of each of the component school districts by mail addressed to the last known address of such persons at least fourteen (14) days prior to the meeting.

The Clerk of the Board shall also provide public notice by publishing notice in two (2) newspapers in general circulation in the BOCES area, over each week within the two (2) weeks preceding the meeting, with the first publication at least fourteen (14) days prior to the meeting.

Education Law Section 1950(4)(b)(4) and (4)(o)

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2000 1438

By-Laws

WFL/EB

SUBJECT: REORGANIZATIONAL MEETING

The Board shall hold its Annual Reorganization Meeting at any time during the first fifteen (15) days of July at a date set at the convenience of the Board no later than the month of June. The Clerk of the Board shall serve as temporary chairperson, who shall open the meeting and conduct the election of the President. The President shall assume office immediately, and shall conduct the remainder of the Board's business.

Agenda

a) Appoint Temporary Chairperson. (Clerk of the Board is designated.)

b) Administration of Oath to newly elected Board Members.

c) Election of Officers:

1. President

2. Vice President

d) Appointment of Officers:

  1. Clerk of the Board

  2. Treasurer

  3. Internal Claims Auditor

  4. BOCES Attorney

  5. BOCES Physician

  6. BOCES Auditor

  7. Records Retention and Disposition Officer

  8. Records Access Officer

  9. Records Management Officer

e) Administration of Oaths to Elected Officers.

f) Administration of Oaths to Appointed Officers who are present; oaths to others to be administered prior to initiating duties.

g) Other appointments:

  1. Extraclassroom Activity Personnel;

  2. Independent Auditor

  3. Purchasing Agent

  4. Alternate Purchasing Agent

  5. Title IX, ADA, Section 504 Compliance Officer

  6. Asbestos Coordinator

h) Designations:

1. Official Bank Depositories

2. Regular Monthly Meetings

3. Official Newspaper

i) Authorizations:

1. District Superintendent to certify payrolls.

2. District Superintendent to approve part-time personnel at previously approved Board salary/wage rates.

3. Approval for Board Members and Administrators to attend meetings.

4. Establishment of Petty Cash Fund.

5. Designation of Treasurer to sign all checks.

6. President and/or District Superintendent of the Board to sign necessary contracts on behalf of the Board of Cooperative Educational Services.

7. Vice President to sign contracts in the absence of President.

8. District Superintendent to approve all budget adjustments in accordance with Commissioner’s Regulations Section 170.3.

j) Bonding of Personnel:

1. Treasurer

2. All employees who handle cash.

k) Establishment of the mileage rate.

l) Readoption of Board policies.

m) Approval of Advisory Councils’ Membership.

n) Appointment of representatives to Four County School Boards Association Committees.

  1. Conference Attendance Resolution.

 

Agenda 
  1. Call to Order
  2. Administration of Oath to newly elected Board Members.
  3. Election of Officers:
  1. Appointment of Officers:
  1. Administration of Oath to Officers. Administration of Oaths to Appointed Officers who are present; oaths to others to be administered prior to initiating duties.
  2. Approval of Bonding:
  1. Appointments Extraclassroom Activity Treasurers;

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    SUBJECT: REORGANIZATIONAL MEETING

     

     

  2. Project Approval
  3. Certify payrolls
  4. Purchasing Agent
  5. Readoption of Board policies.
  6. Investments
  7. Petty Cash
  8. Official Bank Depositories
  9. Authorization to Sign Sub-Grant Agreements
  10. Approval of the Revenue Anticipation Note Resolution
  11. Appointment of Board Members as representatives to committees
  12. Appointment of Attorney, School Physician, and Bond Counsel
  13. Appointment of Persons Authorized to Accept Services of Petition
  14. Appointment Authorization
  15. Authorization of Employee Examination
  16. Approval of Use of Aides or Assistants as Substitute Teachers
  17. Designation of Official Newspapers
  18. Appointment of Independent Auditor
  19. Establishment of Regular & Optional Monthly Board Meetings
  20. Designation of Component District Vote Date
  21. Designation of Regional Budget Meeting
  22. Designation of Board Retreat Date

  23. Adjournment

Public Officers Law Article 7

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2000 1440

By-Laws

SUBJECT: NON-DISCRIMINATION

The BOCES shall not discriminate on the basis of age, sex, race, color, creed, religion, national origin, political affiliation, marital status, sexual orientation, veteran status, or disability in the educational programs or activities which it operates, or against any employee or applicant seeking a position of employment. The BOCES will be in full compliance with all applicable rules and regulations pertaining to civil rights for students and employees (e.g., Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990).

Appropriate procedures shall be developed to insure the implementation of these rules and regulations concerning civil rights. The Board shall appoint a Civil Rights Compliance Officer to coordinate civil rights activities applicable to the BOCES (see subheading below).

Civil Rights Compliance Officer

The Civil Rights Compliance Officer shall be appointed by the Board and shall be responsible for providing information, including complaint procedures, and for handling complaints relative to civil rights (e.g., Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and the Americans With Disabilities Act of 1990) for any student, parent, employee or employment applicant.

 

 

Title VII of the Civil Rights Act of 1964,

42 United States Code (U.S.C.)

Section 2000-e, et seq. - Prohibits

discrimination on the basis of race,

color, religion, sex or national origin.

Title VI of the Civil Rights Act of 1964,

42 United States Code (U.S.C.)

Section 2000-d, et seq. - Prohibits

discrimination on the basis of race, color

or national origin.

Section 504 of the Rehabilitation Act of 1973,

29 United States Code (U.S.C.)

Section 794 et seq.;

The Americans With Disabilities Act,

42 United States Code (U.S.C.)

Section 12101 et seq. - Prohibits discrimination

on the basis of disability.

Title IX of the Education Amendments of 1972,

20 United States Code (U.S.C.) Section 1681 et seq. –

Prohibits discrimination on the basis of sex.

New York State Executive Law

Section 290 et seq. - Prohibits discrimination on the

basis of age, race, creed, color, national

origin, sex, disability or marital status.

Age Discrimination in Employment Act,

29 United States Code (U.S.C.) Section 621.

Military Law Sections 242 and 243

NOTE:

Refer also to Policies #5120, #5121, #5170, #6440, #6460, #6461, #7120, and #7140.