2000 5110

Personnel

WFL

SUBJECT: CODE OF ETHICS FOR ALL BOCES PERSONNEL

The BOCES recognizes that sound, ethical standards of conduct serve to increase the effectiveness of school board members and their staff as educational leaders in their community. Actions based on an ethical code of conduct promote public confidence and the attainment of district goals.

The Board, therefore, adopts the following code of ethics as guidance for its officers and employees. These rules shall not conflict with, but shall be in addition to, any prohibition of Article 18 of the General Municipal Law or any other general or special law relating to ethical conduct and interest in contracts of municipal officers and employees.

1. "Officer or Employee" means an officer or employee of the BOCES, whether paid or unpaid, including members of the Board, and their staff and appointees.
2. "Interest" means a pecuniary or material benefit accruing to a municipal officer or employee unless the context otherwise requires.

Every officer and employee of the BOCES shall be subject to and abide by the following standards of conduct:

1. Gifts - An officer or employee shall not directly or indirectly solicit any gift or accept or receive any gift having a value of one hundred dollars ($100) or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence him or her in the performance of his or her official duties or was intended as a reward for any official action on his or her part.

However, nothing herein should be construed as prohibiting the traditional exchange of holiday gifts provided discretion is used to ensure that gifts of value are not accepted by staff, employees or officers. Gifts from children that are principally sentimental in nature and of insignificant financial value may be accepted in the spirit in which they are given.

2. Confidential Information - An officer or employee shall not disclose confidential information acquired by him or her in the course of his or her official duties or use such information to further his or her personal interest.
3. Representation before the Board - An officer or employee shall not receive or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before the BOCES.
4. Representation before the Board for a contingent fee - An officer or employee shall not receive or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before the BOCES, whereby compensation is to be dependent or contingent upon any action by the BOCES with respect to such matter, provided that this paragraph shall not prohibit the fixing at any time of fees based upon the reasonable value of services rendered.
5. Disclosure of interest in matters before the Board - To the extent that he or she knows thereof, a member of the Board and any officer or employee of the BOCES, whether paid or unpaid, who participates in the discussion or gives official opinion to the Board on any matter before the Board shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he or she has in such matter.
6. Investments in conflict with official duties - An officer or employee shall not invest nor hold any investment in any financial, business, commercial, or other private transaction that creates a conflict with his or her official duties.
7. Private employment - An officer or employee shall not engage in, solicit, negotiate for or promise to accept private interest when the employment or service creates a conflict with or impairs the proper discharge of his or her official duties.
8. Future employment - An officer or employee shall not, after the termination of service or employment with the Board, appear before the Board or any panel or committee of the Board, in relation to any case, proceeding, or application in which he or she personally participated during the period of his or her service or employment or that was under his or her active consideration. This shall not bar or prevent the timely filing by a present or former officer or employee of any claim, account, demand or suit against the BOCES on his or her own behalf or on behalf of any member of his or her family arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law.
9. Employment of Board Members - No member of the Board shall apply for a position as a paid employee of the BOCES and neither the Board nor any officer or employee of the BOCES shall consider any application from any such Board member unless that Board member shall have resigned as such member prior to the submission thereof.

The District Superintendent shall, following adoption, cause a copy of this policy to be distributed to every officer and employee of the BOCES. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his or her office or employment. In addition, the District Superintendent shall have available in the Administration Office a copy of Article 18 of the General Municipal Law.

In addition to any penalty contained in any other provision of law, any person who shall knowingly and intentionally violate any of the provisions of the Board’s code of ethics may be disciplined in the manner provided by law, regulation, policy or contract.

General Municipal Law, Article 18

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2000 5120

Personnel

The Wayne-Finger Lakes BOCES , in recognition of its educational mission, its social concern, its responsibility for the personal development of individuals, and its concern for the rights of the individual, does hereby express and establish this BOCES Policy of Equal Employment Opportunity.

It is the policy of the Wayne-Finger Lakes BOCES to provide equal opportunity in employment for all qualified persons and to promote the full realization of equal employment opportunity through a positive, continuing program for the Wayne-Finger Lakes BOCES as a whole and for each constituent division of this BOCES.

In hiring, discharging or recruiting, the BOCES shall not discriminate against an individual on the basis of age, color, creed, religion, disability, marital status, veteran status, national origin, political affiliation, race or sex.

All newly hired employees will be required to complete the Employment Eligibility Verification Form (Form I-9) and present documents that establish their identity and eligibility to work in the United States.

Administration shall establish grievance procedures that provide for the prompt and equitable resolution of complaints alleging discrimination. Those intending to file a grievance due to alleged discrimination must follow the grievance procedure established by the Wayne-Finger Lakes BOCES .

42 United States Code 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 Section 2000-d et seq. -

Prohibits discrimination on the

basis of race, color or national origin.

29 United States Code Section 794 et seq. -

The Americans with Disabilities Act,

42 United States Code Section 12101et seq. -

Prohibits discrimination on the basis of disability.

20 United States Code 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 Section 621

Military Law Sections 242 and 243

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2000 5121

Personnel

WFL/EB

2000 5130

Personnel

WFL/EB

The administration shall undertake a continuous program of supervision and evaluation of all personnel in Wayne-Finger Lakes BOCES in order to promote improved performance and to make decisions regarding tenure and permanent employment. The primary purposes of this evaluation are:

1. To enhance self-improvement and performance;
2. To encourage and promote self evaluation by personnel;
3. To provide a basis for evaluative judgments by administrative staff.

Procedures and regulations will be developed for the annual professional performance review of teachers, school service professionals, non-certified employees and administrators. These documents will be provided to each covered employee upon employment.

8 New York Code of Rules and Regulations

(NYCRR) Section 100.2(o)

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2000 5140

Personnel

WFL/EB

The Board reserves the right to request a health examination at any time during employment, at BOCES expense, in order to determine the physical and mental capacity of an employee to perform his/her duties.

Annual or more frequent examinations of any employee may be required when, in the judgment of the school physician and the District Superintendent and/or Board, such procedure is deemed necessary.

The final acceptance or rejection of a medical report with reference to the health of an employee lies within the discretion of the Board. The decision of the health services provider designated by the Board as the determining physician shall take precedence over all other medical advice.

Education Law Section 913 Bus Drivers:

8 New York Code of Rules and Regulations

(NYCRR) Section 156.3(2)

Rules and Regulations of the Commissioner

of Motor Vehicles Section 5.09-b

Cafeteria Workers: State Sanitary Code

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2000 5141

Personnel

WFL/EB

The Board of Education contends that an employee shall not be denied the right to continue his/her employment who has been diagnosed or identified as having a positive blood test for the antibodies to the Human Immunodeficiency Virus (HIV). The Board further contends that under current law and regulations, the disclosure of confidential HIV-related information shall be strictly limited.

Administrative regulations and procedures shall be developed and implemented by the administration based on recommendations from the New York State Education Department and from consultation with appropriate professional and medical staff in the District.

The District Superintendent or designee shall also establish protocols for routine sanitary procedures for dealing with the cleaning and handling of body fluids in school, with special emphasis placed on staff awareness.

Confidentiality: Public Health Law,

Article 27-F

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2000 5150

Personnel

WFL/EB

The Wayne-Finger Lakes Board of Cooperative Educational Services encourages employment of the individual best qualified to fill a given position. The Board of Cooperative Educational Services encourages recruitment of employees with a wide variety of training and education. It shall be our policy to actively seek outstanding personnel.

It shall be the duty of the District Superintendent to see that persons recommended for employment meet all qualifications established by law, or by the Board, for the position for which recommendation is made.

Assignments of personnel shall be at the direction of the District Superintendent or his/her designee. The employees shall be responsible for familiarizing themselves with the policies and administrative plans of the Wayne-Finger Lakes BOCES in order to promote better understanding. Suggestions for improvement of policies and procedures shall be considered part of the responsibility of each employee within the scope of the employee's employment. Instructional and non-instructional personnel shall be appointed by the Wayne-Finger Lakes Board of Cooperative Educational Services upon the recommendation of the District Superintendent.

All assignments and transfers shall be made in accordance with the provisions of law, Board policies, and the employee’s negotiated agreement.

All professional employees shall be appointed in accordance with Section 3014 of the Education Law. Probationary appointments shall be for a period of three years. Teaching personnel who have achieved tenure in a school district in New York State shall be required to serve a two-year period probationary period in accordance with established law.

Certified personnel shall possess the required certification prior to the assumption of duties. It is the responsibility of the individual to provide proof of certification and to keep all certification information updated in conformance with all rules and regulations. Technical and Career Education teachers, in accordance with rules and regulations established by the Commissioner of Education, may be employed without certification provided, however, that acceptance into the Teacher Education Training Program is assured and work is commenced on achieving certification within the time limits prescribed by the aforementioned rules and regulations.

Education Law Sections 3001, 3001-a, 3004,

3006, 3008, 3013, and 3014

8 New York Code of Rules and Regulations

(NYCRR) Parts 30 and 80

All non-instructional employees are subject to the regulations of the Ontario County Civil Service Commission. All non-instructional appointments are probationary for the maximum period established by the local Civil Service Commission from date of appointment from an open competitive list and every original appointment to a position in a non-competitive exempt or labor class.

Civil Service Law Section 63

Continuing Education instructors shall be appointed by the Board of Education, based on the recommendations of the District Superintendent, for a period of one year. Appointment by the Board constitutes eligibility for assignment but does not mean the individual appointed will automatically be assigned to a class.

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2000 5151

Personnel

WFL/EB

The District Superintendent is authorized to fill vacant positions on a temporary basis when such positions are necessary for the maintenance or continuity of a program or service. Such authority applies to per diem substitutes (certified and classified), Adult Education Staff and temporary employees. Per diem rates and hourly rates will be approved annually by the Board.

Individuals may be employed on a part-time basis to meet the education needs of the BOCES upon the recommendation of the District Superintendent. They are considered part-time if they work less than full-time and are distinguished from "substitutes" in that they are employed for a specific period of time on a part-time basis.

All regular part-time certified employees and those regular part-time classified (Civil Service) employees working less than 50% of the regularly scheduled work week for that classification shall not accrue any seniority.

Regular part-time classified (Civil Service) employees working 50% or more per week will accrue seniority.

All part-time employees may participate in the appropriate New York State Retirement System.

Regular substitute teachers (temporary teachers) are appointed to fill vacancies created by approved leaves of absence granted to full-time teachers. Such appointments must cover a period of at least one semester, must be a continuous assignment for a specified full-time teacher and will terminate at the end of the school year.

Substitutes may participate in the New York State Teachers’ Retirement System.

Whenever possible, regular substitutes should be certified and prepared by experience and background to fill the position. Non-certified substitutes may be employed under unusual circumstances in accordance with State regulations pertaining to the issuance of a temporary license.

Per diem substitutes are employed on a short-term basis and shall be compensated at a per diem rate to be established by the Board. Substitutes are paid only for days worked or on a prorated basis for part-time work. Per diem substitutes are not eligible for fringe benefits, but are eligible to participate in the New York State Teachers’ Retirement System. Whenever possible, substitutes should be certified and prepared by experience and background for the positions they fill. Substitutes with valid teaching certificates or substitutes without a valid certificate but who are completing collegiate study towards certification at the rate of not less than six semester hours per year, may render service for any number of days. Substitutes without a valid certificate and who are not working towards certification may render service no more than 40 days per school year.

In recognition of the need for pre-service learning experiences for potential teachers, State certification requirements, and the reciprocal benefits derived by BOCES professional personnel, BOCES encourages the utilization of student teachers.

Student teachers shall be protected from liability for negligence or other acts resulting in accidental injury to any person by the BOCES, as provided by law.

The District Superintendent shall approve the appointment of any student teacher.

Teachers, administrators, or staff specialists being appointed to federally or state funded programs on a full-time basis shall be granted a probationary appointment in accordance with Section 3014 of the New York State Education Law unless the terms of the funding are such that the project will terminate at the end of a specified time period of up to two (2) years. If the project is forecast to terminate at the end of a specified time period of up to two (2) years, individuals appointed to such positions shall be granted a "term-of-project" appointment (and re-appointment) on an annual basis until the project is terminated.

If a state or federally funded project which was scheduled to terminate after two years is refunded so that an individual employed in the project would become eligible for tenure, a probationary appointment shall be granted and made retroactive to the initial date of full-time employment in the project. Standard procedures for granting (or not granting) tenure shall then be followed.

8 New York Code of Rules and Regulations

(NYCRR) Section 80.36

Education Law Section 3023

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2000 5152

Personnel

WFL/EB

Job descriptions for BOCES positions shall be developed and maintained by the administration, in compliance with applicable law and regulations, and in accordance with collective bargaining agreements.

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2000 5153

Personnel

The District Superintendent may assign a teacher to teach a subject not covered by his/her certification for up to five classroom hours per week, pursuant to the following regulations:

1. The District Superintendent shall make a finding that the teacher being assigned to teach a subject on an incidental basis has sufficient teaching experience and knowledge of the subject matter to teach such subject in a competent manner.
2. By October 1 of each year the District Superintendent shall submit to the Board of Education at a public meeting a list of all teachers assigned to teach on an incidental basis, including the courses they have been assigned to teach and their certification area. In the event an incidental teaching assignment is made after October 1, the District Superintendent shall report the assignment to the Board at the next regularly scheduled public Board meeting. The list of incidental teaching assignments for the current school year shall be retained by the District Superintendent.

Parents/guardians shall be informed by letter if their child is affected by an incidental teaching assignment. The notice will include information regarding a process through which parents/guardians may appeal such assignment.

8 New York Code of Rules and Regulations

(NYCRR) Section 80.2(c)(7)

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2000 5154

Personnel

Staff members may be employed for the summer by the BOCES upon the recommendation of the District Superintendent. Such staff members will be employed to achieve specific purposes or activities as determined by the Director of the program area involved. These staff members are employed on a temporary basis and no seniority or tenure rights shall accrue as a result of summer employment.

The administration is to employ the most qualified people available for the work to be accomplished.

Compensation for such employees shall be determined each year, depending on the type and length of work involved.

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2000 5155

Personnel

The appointment of a teacher who is related by bloodline or legal process (including marriage) to any member of the Board shall be subject to the consent of two-thirds of the members of the Board to be determined at a Board meeting and to be entered upon the proceedings of the Board.

The Board shall take the same stance in the hiring of professional staff other than teachers.

This provision shall not apply to any person within such relationship or relationships who has been regularly employed by the Board prior to the taking of office of any member of the Board, or who has been regularly employed by the Board prior to the inception of such relationship or relationships.

Education Law Section 3016

General Municipal Law Sections 800-809

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2000 5156

Personnel

WFL

When no classes are held due to a "snow day", clerical employees and administrative staff shall not report for work with the exception of:

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2000 5160

Personnel

The Board of Cooperative Educational Services encourages cooperation with other community agencies and groups in preventing drug and alcohol abuse. Provision shall be made for instructing employees and students in alcohol, drug and tobacco abuse and prevention. All laws pertaining to drug and alcohol use and possession shall be honored by students, adults, and adult students while on BOCES premises or at BOCES-sponsored activities, regardless of the location of the activity.

The Board prohibits the manufacture, distribution, consumption, sharing and/or selling, use and/or possession of illegal drugs, counterfeit and designer drugs, or drug paraphernalia, or alcoholic beverages in the workplace, or when the effects of such drugs may impair an employee's job performance. The inappropriate use of prescription and over-the-counter drugs shall also be prohibited.

Information about any drug and alcohol counseling and/or rehabilitation programs shall be made available to employees. Data will also include the range of penalties, (consistent with local, state and federal law), up to and including termination of employment and referral for prosecution that will be imposed on employees who have transgressed the terms of this policy.

Additionally, confidentiality shall be insured as required by state and federal law.

The District Superintendent shall biennially review the drug and alcohol abuse prevention program to determine its effectiveness and support appropriate modifications, as needed.

Education Law Sections 913, 1711(5)(e), and 3020-a

Civil Service Law Section 75

Drug-Free Schools and Communities Act

Amendment of 1989 (Public Law 101-226)

2000 5161

Personnel

WFL/EB

It shall be the general policy of the Board of Cooperative Educational Services to affirm that all programs in the Wayne-Finger Lakes BOCES that receive Federal funds shall guarantee that their workplaces are free of controlled substances. "Controlled substance" means a controlled substance in schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined in regulation at 21 Code of Federal Regulations (CFR) 1308.11-1308.15. An acknowledgment form shall be signed by the District Superintendent indicating that the Wayne-Finger Lakes BOCES is in full compliance with the Drug-Free Workplace Act. This policy shall guarantee that not only Federally funded programs, but the entire BOCES is free of controlled substances.

The Board directs the administration to develop regulations to comply with this policy, and further supports such actions and activities of the administration as shall be required to maintain a drug-free workplace.

Drug-Free Workplace Act of 1988

(DFWA P.L. 100-690)

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2000 5170

Personnel

WFL/EB

In accordance with the provisions of General Municipal Law and the collective bargaining agreements, all BOCES personnel shall have the opportunity to present their complaints or grievances free from interference, coercion, restraint, discrimination or reprisal. BOCES shall provide at least two procedural stages and an appellate stage for the settlement of any grievance.

Complaints or grievances not covered under employee contracts shall be handled and resolved, whenever possible, as close to their origin as possible. The District Superintendent is responsible for implementing regulations for the redress of complaints or grievances through proper administrative channels.

Additionally, the Board shall ensure compliance with Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973 and the Americans With Disabilities Act (ADA). The District Superintendent shall designate a BOCES employee as the Title IX/Section 504/ADA Coordinator (i.e., the "Civil Rights Compliance Officer"), and regulations and procedures shall be implemented to resolve complaints of discrimination based on sex or disability.

Prior to the beginning of each school year, the BOCES shall issue an appropriate public announcement which advises students, parents/guardians, employees and the general public of BOCES’ established grievance procedures for resolving complaints of discrimination based on sex or disability. Included in such announcement will be the name, address and telephone number of the Civil Rights Compliance Officer.

The Civil Rights Compliance Officer shall also be responsible for handling complaints and grievances regarding discrimination based on race, color, creed, religion, national origin, political affiliation, age, veteran or marital status.

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 sex.

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

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2000 5180

Personnel

The District Superintendent must notify the professional staff member in writing at least 60 days prior to the expiration of the probationary period that an affirmative recommendation for appointment on tenure will not be made, in accordance with Education Law. The District Superintendent’s recommendation to deny tenure must be reviewed and acted upon by the Board of Education.

The Board shall expect any professional staff member desiring to terminate his/her services to provide the Board with a minimum of thirty (30) days notice before the effective termination date.

When possible, a professional staff member shall make every effort to terminate employment at the end of the school year. Resignations must be in writing and include the effective date.

Education Law Sections 3019-a and 3031