2000 1310

By-Laws

WFL/EB

The powers and duties of the Board include the following:

1. Appoint a District Superintendent of Schools and, at its discretion, provide for payment of supplementary salary to the District Superintendent of Schools by the BOCES;
2. Prepare and adopt its final administrative, capital and program budgets for the Board programs (after presentation to component school districts in accordance with law) for the ensuing year no later than May 15 of each year. (Refer to Policy #4120 -- Budget Development and Adoption.)
3. Upon the recommendation of the District Superintendent employ such assistants, teachers, supervisors, clerical help and other personnel necessary to carry out the program;
4. Provide and maintain suitable classrooms, office and other facilities necessary to carry out the program;
5. Establish policies which provide the framework for the day to day operations;
6. Such other powers and duties as are prescribed by law.

Officers of the Board shall be elected or appointed at the annual organizational meeting to be held in July. The term of office shall be from the organizational meeting through the end of the school year.

Education Law Sections 1701 and 1950(4)

2000 1311

By-Laws

The President shall be a member of the Board, and be elected by the Board at its Annual Reorganizational Meeting. The term of office for President shall be one year. The duties of the President are to:

1. Preside at all meetings of the Board;
2. Call special meetings of the Board when necessary or on request;
3. Appoint all committees and fill any committee vacancies with the advice of other Board members;
4. Act as an ex-officio member of all committees;
5. Execute documents on behalf of the Board;
6. Perform the usual and ordinary duties of the office of President.

Education Law Section 1950(4)(j)

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2000 1312

By-Laws

The Vice President shall be a member of the Board, elected by the Board at its Annual Reorganizational Meeting, and shall serve for a period of one year. The Vice President shall perform such duties as the President or the Board of Cooperative Educational Services may prescribe. The Vice President shall perform the normal duties of the President in case of the absence or disability of the President.

In case of vacancy in the office of the President, the Vice President shall act as President until a President is elected.

Education Law Section 1701

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2000 1313

By-laws

1. The Clerk of the Board of Cooperative Educational Services shall be appointed by the Board at its Annual Reorganizational Meeting and shall perform the duties prescribed by Education Law and the Regulations of the Commissioner of Education.
2. All official records and proceedings of the Board of Cooperative Educational Services shall be recorded and kept by the Clerk of the Board.
3. The Clerk shall, in addition:

1. Attend all meetings of the Board;
2. Be responsible for full and accurate minutes of the meetings of the Board;
3. Give notice of all special meetings of the Board;
4. Make arrangements for and be responsible for the details of the Annual Meeting;
5. Conduct the Reorganizational Meeting until a President and Vice President are sworn in.

The Clerk of the Board shall serve for a period of one year.

Education Law Sections 1950(4)(j) and 2130

Public Officers Law Section 104

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2000 1314

By-Laws

The Treasurer of the Board of Cooperative Educational Services shall be appointed by the Board at its Annual Reorganizational Meeting and shall serve for a period of one year.

1. The Treasurer of the BOCES shall perform the duties prescribed by law and the Commissioner of Education.
2. The Treasurer shall:

1. Be the financial officer;
2. Be the custodian of all moneys belonging to the BOCES from whatever source derived;
3. Deposit these moneys in the depository designated by the Board;
4. Pay all authorized obligations of the BOCES as directed;
5. Give detailed quarterly accounts of money budgeted, received and disbursed;
6. Render an annual report at the end of the fiscal year following audit of the Treasurer’s accounts.

Before entering upon the duties of the office, the Treasurer shall be bonded. The Board of Cooperative Educational Services shall purchase a bond to cover the Treasurer in such amount as the Board shall annually designate.

Education Law Sections 1950(7)(j) and 2130

8 New York Code of Rules and Regulations

(NYCRR) Section 170.2(o) and (p)

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2000 1315

The Internal Auditor shall be appointed by the Board at its Annual Reorganizational Meeting and shall serve at the pleasure of the Board. It shall be the responsibility of the Internal Auditor to:

1. Review all bills and supporting vouchers and documents;
2. Ascertain that all items being billed have been received;
3. Check invoices for discounts and make sure they match with payments (checks);
4. Certify lists at bills for payment.

1. Perform such other duties provided by law or as may be assigned as pertinent to the Office of Internal Auditor.

8 New York Code of Rules and Regulations

(NYCRR) Section 170.2

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2000 1316

By-Laws

The procedure for the acquisition of legal services to the BOCES shall be determined annually by the Board. The attorney selected shall advise the Board and District Superintendent in all matters of a legal or technical nature relating to the interpretation of statutes and case law.

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2000 1317

By-Laws

WFL/EB

1. The Board of Cooperative Educational Services shall appoint at its Annual Reorganizational Meeting a person to serve the BOCES as Purchasing Agent for the purpose of transacting BOCES purchases. The Purchasing Agent shall serve for a period of one year.
2. The Board shall also appoint a person to serve in the absence of the Purchasing Agent.
3. The function of the Purchasing Agent shall be to serve the educational program by providing supplies, equipment and services deemed essential by the responsible Program Director or Administrator.
4. The Purchasing Agent shall:

1. Comply with all applicable laws and regulations;
2. Without prejudice, seek to maximize the educational value for every expenditure;
3. Determine that adequate funds are available prior to committing the BOCES to purchases.

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2000 1318

By-Laws

The Records Access Officer shall be responsible for handling all requests of official records of the Board of Cooperative Educational Services in accordance with established law, rules and regulations. (Refer also to Policies #2310 -- Public Access to Records and #6320 -- Student Records: Access and Challenge.)

A Records Management Officer shall be appointed by the Board, and shall be responsible for providing information in accordance with state regulations. (Refer also to Policy #4560 -- Records Management.)

A Records Retention and Disposition Officer shall be appointed by the Board, and shall be responsible for the retention and disposition of records in accordance with state regulations.

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2000 1320

By-Laws

The Board of Cooperative Educational Services operates at the policy-making level, leaving the administration of that policy to its District Superintendent, administrators and supervisors, thus freeing itself for major considerations and decisions.

Board policies are statements which set forth the purposes and prescribe in general terms, the organization and program of a school system. They create a framework within which the District Superintendent and other staff can discharge their assigned duties with positive direction. Essentially, they tell what is desired and they may also indicate reasons why and how much.

Specific direction, however, giving precise details of how, by whom, where, and when things are to be done, are rules and regulations.

This distinction between policy and rules and regulations does not imply that policy should deal only with abstract expressions of theory and philosophy. On the contrary, statements of policy should spell out clearly what the Board intends. The clearer the statement of the policy the clearer the directions to be taken by the administration.

Education Law Section 1709

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2000 1330

By-Laws

WFL

The success of every school system depends on an effective working relationship between the School Board and the Superintendent. This code emphasizes the most important goals and obligations of that relationship.

1. Assure the opportunity for high quality education for every student and make the well-being of students the fundamental principle in all decisions and actions.
2. Obey all national, state, and local laws and regulations pertaining to education and public agencies.
3. Represent the entire community without fear or favor, while not using these positions for personal gain and accepting all responsibilities as a means of unselfish service.
4. Uphold the principles of due process and individual dignity, and protect the civil and human rights of all.
5. Adhere to the principle that the Board shall confine its role to policymaking, planning, and appraisal while the Superintendent shall implement the Board’s policies.
6. Act as part of an educational team with mutual respect and regard for each other’s respective responsibilities and duties, recognizing that the strength of a school Board is in acting as a Board, not as individuals; and that the strength of the Superintendent is in being the educational leader of the school district.
7. Maintain high standards and the effectiveness of education through research and continuing professional development.
8. Preserve the obligation of having all issues considered fairly and without bias.
9. Instill respect for community, state, and nation.
10. Honor the spirit and letter of all contracts until fulfillment or modification by mutual agreement.

Joint Code of Conduct developed by New York

State Council of Superintendents and New York

State School Boards Association