PURPOSE AND ROLE OF THE BOARD OF EDUCATION
The Board of Education of the Brunswick Central School District affirms that it is dedicated to providing excellent educational opportunities to its students. This includes working in cooperation and partnership with parents and the community to provide students with assistance and guidance in the development of personal and civic values.
It is the goal of the Brunswick School District to foster and encourage a desire for lifelong learning and an understanding of the rights and responsibilities of individuals in a free society. The Brunswick School District will endeavor to work with parents, the school community and government and community based organizations to promote the social and intellectual growth and development of its students as individuals and as members of society.
Further, the Board hereby affirms that:
1. Education is primarily a state function.
2. Operational control rests at the local level, subject to State and Federal requirements.
3. The Board of Education is a legislative body responsible for the governance of the Brunswick School District in a manner consistent with the laws, rules and regulations of the State of New York and the United States of America.
4. The Board of Education, as a body, is the unit of authority for the School District. Board members exercise their authority and responsibility collectively, as part of that body and have no individual authority. Individual board members may not commit the district to any policy, act, or expenditure. Board members are elected to be representative the entire community, not a faction of the community.
5. The Brunswick School District is comprised of students with diverse backgrounds and experience. In the exercise of its authority to prescribe and evaluate a program of instruction for its students, the Board of Education is committed to providing a comprehensive education program that will respond to the many and varied interests and needs of the students of the District.
6. The Board recognizes the need to maintain public confidence in the quality of education and in its management of taxpayer resources in a manner that is consistent with the resources available to the community.
7. The Board recognizes the need to maintain close ties to and positive relations with the communities it serves as essential to the best operation of the school district.
8. The Board recognizes the need to select and maintain appropriately trained and experienced administrators who are dedicated to achieving excellence in the implementation of the policies of the district.
9. The Board recognizes the superintendent of schools as the chief executive officer of the school district. The Board will rely upon the superintendent for recommendations and suggestions concerning the administration and management of the school district.
10. The Board recognizes the need to employ instructional and special services staff who maintain the highest standards of professionalism and who possess the talent and skills to offer students educational opportunities aligned with the educational goals established for the district and commensurate with their needs, interests and abilities.
11. The Board recognizes the need to employ such other qualified personnel as may be needed to carry out the programs of the district.
12. The Board recognizes the value of and encourages the participation of the school district community and the school staff in policy development and decision-making concerning school affairs. The school staff and community is encouraged to provide constructive input in the decision making process.
13. The Board is committed to the development and maintenance of a community relations program designed to provide information about the educational programs of the district and to foster a public understanding of the problems and issues facing the district.
14. The Board recognizes that it is in the best interests of the students for a close and cooperative working relationship to exist between school district administration and staff and the families of the students in the district. This will include the provision of regular reports to parents or guardians concerning student academic progress.
15. The Board recognizes the right of employee groups to organize and bargain collectively for salaries and other terms and conditions of employment as provided for by law and pledges good faith in this endeavor.
First Reading 3/16/00
BRUNSWICK C.S.D.POLICY 1.120-00
The Board of Education of the Brunswick Central School District hereby affirms that the maintenance of high standards of ethics and avoidance of conflicts of interest is critical to the proper administration and management of the Brunswick Central Schools.
A major goal of the Brunswick Central School District is assuring the opportunity for high quality education for every student with the well being of students being the foundation upon which all decisions are made and actions are taken. To this end the Brunswick Central School Board of Education shall, pursuant to the General Municipal Law Section 806, promulgate a regulation establishing a Code of Ethics to serve as a guide for official conduct by Board of Education members, officers and employees.
First Reading 3/16/00
General Municipal Law Sec. 806
BRUNSWICK CENTRAL SCHOOL DISTRICT CODE OF ETHICS REGULATION
A. PURPOSE OF REGULATIONS.
Pursuant to the provisions of General Municipal Law Section 806 and Board Policy 1.200, the Board of Education of the Brunswick Central School District hereby promulgates this Code of Ethics for officers and employees of the school district. These rules shall not conflict with but be in addition to Article 18 of the General Municipal Law or any other general or special law related to ethical conduct and interest in contracts of municipal officers and employees.
These rules and regulations are promulgated by the Brunswick Central School District Board of Education in order to comply fully with its obligation under New York's General Municipal Law. The General Municipal Law requires that public entities such as the Board adopt and promulgate a code of ethics for its officers and employees, including members of the Board.
B. NOTICE OF CODE AND AMENDMENT SENT TO STATE COMPTROLLER.
1. Within thirty (30) days of the Board's adoption of its Code of Ethics, the district clerk shall file a copy of the Code with the Office of the State Comptroller.
2. Any amendment to the Code of Ethics the Board has adopted shall be filed by the district clerk with the Office of the State Comptroller within thirty (30) days of the amendment's adoption.
II. Code of Ethics
1. Officer or employee means an officer or employee of the district, whether paid or unpaid, including members of the Board of Education, and their professional and non-professional staff and appointees.
2. Interest means a pecuniary or material benefit accruing to an officer or employee unless the context otherwise indicates. For the purposes of this policy and its regulations, unless otherwise provided, an officer or employee shall be deemed to have an interest in the contract of:
a. her/his spouse, minor children and dependents, except a contract of employment with the District;
b. a firm, partnership, or association of which such officer or employee is a member or employee;
c. a corporation of which such officer or employee is an officer, director, or employee; and
d. a corporation any stock of which is owned or controlled directly or indirectly by such officer or employee.
3. District means the Brunswick Central School District.
B. STANDARDS OF CONDUCT
Every officer and employee of the District shall be subject to, and shall 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 $50.00 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 be reasonably inferred that the gift was intended to influence her/him in the performance of her/his official duties or was intended as a reward for any official action on her/his part.
2. Confidential Information. An officer or employee shall not disclose confidential information that she/he acquires in the course of her/his official duties, or use such information to further her/his personal interest either directly or indirectly.
3. Representation Before One's Own Agency. 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 any District agency of which she/he is an officer, member, or employee, or before any District agency over which she/he has jurisdiction, or to which she/he has the power to appoint any member, officer, or employee.
4. Representation Before Any Agency 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 any District agency, whereby the compensation is to be dependent or contingent upon any action by such District agency with respect to such matter, provided that this paragraph shall not prohibit the fixing at any time of fees based upon the reasonable value of the services rendered.
5. Disclosure of Interest in Matters Before the Board. To the extent that she/he knows thereof, a member of the Board of Education, and any officer or employee of the District, whether paid or unpaid, who participates in the discussion or gives official opinion to the Board on any resolution or other 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 she/he has in such resolution or matter.
6. Investments in Conflict With Official Duty. An officer or employee shall not invest or hold any investment directly in any financial, business, commercial, or other private transaction that creates a conflict with her/his official duties.
7. Private Employment. An officer or employee shall not engage in, solicit, negotiate for, or promise to accept private employment when that employment or service creates a conflict with or impairs the proper discharge of her/his official duties.
8. Future Employment. An officer or employee shall not, after termination of service or employment with the Board, appear before the Board, or any panel or subcommittee of the Board, in relation to any case, proceeding, or application in which she/he personally participated during the period of her/his service or employment, or that was under her/his active consideration.
9. Disclosure of Interest. Any District officer who has, will have, or later acquires an interest in any actual or proposed contract with the District shall publicly disclose the nature and extent of such interest in writing to the Board of Education as soon as she/he has knowledge of such actual or prospective interest. Such written disclosure shall be set forth in and be made a part of the official record of the proceedings of the Board. Once disclosure has been made by an officer or employee with respect to an interest in a contract with a particular person, firm, corporation, or association, no further disclosures need be made by such officer or employee with respect to additional contracts with the same party during the remainder of the fiscal year.
10. Exceptions to Disclosure of Interest. Not withstanding the provisions of the preceding paragraph, disclosure shall not be required in the case of an interest in:
a. A contract with a corporation in which an officer or employee has an interest by reason of stockholdings when less than five per centum of the outstanding stock of the corporation is owned or controlled directly or indirectly by such officer or employee;
b. A contract for the furnishing of public utility services when the rates or charges therefor are fixed or regulated by the Public Service Commission;
c. A contract for the payment of a reasonable rental of a room or rooms owned or leased by an officer or employee when the same are used in the performance of her/his official duties and so designated as an office or chamber;
d. A contract for the payment of a portion of the compensation of a private employee of an officer when such employee performs part time service in the official duties of the office;
e. A contract in which an officer or employee has an interest if the total consideration payable thereunder, when added to the aggregate amount of all consideration payable under contracts in which such person had an interest during the fiscal year, does not exceed the sum of $100.00; and
f. A contract with a member of a private industry council established in accordance with the federal Job Training Partnership Act or any firm, corporation, or association in which such member holds an interest, provided the member discloses such interest to the council and the member does not vote on the contract.
Nothing herein shall be deemed to bar or prevent the timely filing by a present or former officer or employee of any claim, account, demand, or suit against the District or any agency thereof, on behalf of her/himself or any member of her/his family arising out of personal injury or property damage, or for any lawful benefit authorized or permitted by law.
IV. Distribution of Code of Ethics, Filing Requirement
The Superintendent of Schools shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the District. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of her/his office or employment. Each employee or officer shall file FORM 1.120, indicating receipt of the Code of Ethics from the Superintendent with the District Clerk.
V. Penalties For Intentional Violation of Code of Ethics
In addition to any penalty contained in any provision of law, a person who shall knowingly and intentionally violate any of the provisions of the Board's code of ethics, as recited above, and any accompanying regulations, may be fined, suspended, or removed from office or employment, as the case may, in the manner provided by law.
First Reading 3/16/00
General Municipal Law Sec. 806
First Reading 3/16/00
BRUNSWICK C.S.D.POLICY 1.130-00
The Board of Education of the Brunswick Central School District hereby affirms that policies adopted by the Board, together with applicable State and Federal Law shall provide the foundation upon which the Superintendent of Schools shall administer and manage the District. The adoption of board policies shall be the sole responsibility of, and constitute the basic means by which, the Board of Education shall exercise its authority and responsibility.
The Board of Education encourages the full participation of community members, parents, students, school employees and school officials in the formulation, adoption and revision of board policies.
POLICY DEVELOPMENT PROCESS
Proposals for new policies or revisions of current policies may be initiated in writing by anyone interested in or connected with the district. The Superintendent shall review proposals and either approve for drafting or reject the proposal and inform the Board of the proposal and the reasons for rejection.
In formulation of its policies, the Board may request opinions of members of the public, parents, students, school employees, school officials and outside experts.
To permit time for study of all new policies, or amendments to existing policies, and to promote public understanding of and participation in the policy making process, proposed policies or amendments shall be presented as agenda items to the Board in the following sequence:
I. First Reading The proposed policy is to be distributed with the board agenda for a board meeting. This shall provide notice that the Board is considering the formulation of a new policy in a specific area or the revision of a specifically identified existing policy. The Board may receive public comment concerning the proposal, discuss it and offer amendments to it. The Board may not adopt the proposed policy on first reading.
II. Second Reading - This represents another opportunity for the Board to solicit public comment concerning the proposed policy and to discuss and amend it. The Board may adopt the proposal on second reading.
Prior to adoption the Board shall receive a recommendation concerning the proposed policy from the Superintendent; reports and recommendations from any Board or advisory committee assigned responsibility to study the proposed policy.
III. Third Reading - If necessary or desired, the Board may defer action on a proposed policy until such time as the Board is prepared to dispose of the matter. Disposition of the matter shall be through adoption, rejection or tabling of the matter.
The Board may, however, by majority vote or upon the recommendation of the superintendent, suspend the usual procedures to meet emergency conditions or needs. Unless the Board so directs, amendments to the policy at the action stage shall not require repetition of the policy adoption process.
Policies shall be adopted or revised at regular or special meetings of the Board by a majority vote of the members. The formal adoption of policies shall be recorded in the minutes of the Board meeting. Only those written statements so adopted and so recorded shall be regarded as official policy of the Board. Policies shall be effective immediately upon adoption unless otherwise provided in the motion to adopt.
First Reading 3/16/00
ORGANIZATION AND OPERATION OF
THE BOARD OF EDUCATION
BRUNSWICK C.S.D.POLICY 2.100-00
The Brunswick Central School District Board of Education is a body corporate established according to the laws of New York State. Its members are considered local officials when they perform their duties regarding educational matters, as set forth in the New York State Constitution and the Education Law of New York State.
First Reading 4/13/00
Education Law Secs. 1701-02; 1804(1); 2105
BRUNSWICK C.S.D.POLICY 2.110-00
I. The Brunswick Central School District Board of Education shall consist of nine members.
II. Terms of board membership shall be three (3) years with not more than three regular terms expiring in any one year.
III. Regular board meetings will be held at a time and place which will be established at the organizational meeting.
IV. Five members present shall constitute a quorum for the transaction of business at a regular or duly called special meeting of the board. Regardless of the number of board members present, five affirmative votes are needed for board action. The Board may transact business only when a quorum of its membership is present This requires that when only the number of members necessary to constitute a quorum is present, no motion or resolution may pass, and no other action or business requiring a vote may be transacted, except by a unanimous vote of those present. The Board shall not require a vote in excess of what is required by law in order for the Board to transact any business.
V. Special meetings may be called by the clerk at the request of the president or other board member, upon 24 hours notice to the board members. In an emergency, if all board members are present at a special meeting, the 24 hour notice may be waived by unanimous action. The business which can be transacted at a special meeting shall be restricted to: 1) that which is set forth in the call of the meeting, 2) business which is listed on an advance agenda in advance of the meeting, and 3) business which is added by unanimous vote of the board members present at the meeting.
VI. "Roberts Rules of Order" shall guide the conduct of all regular and special meetings.
VII. The Board of Education shall adopt an order of business for all regular meetings.
VIII. Regular and special meetings shall be open to the public except for executive sessions, at which time the public shall be excused, except for any persons authorized by the Board of Education. No formal action may be taken in executive session except in cases permitted or required by law.
First Reading 4/13/00
Gen. Construction Law Sec. 41
Gen. Municipal Law Sec. 802
Education Law Secs. 3016
BRUNSWICK C.S.D.POLICY 2.120-00
1. Board of Education to Act as a Body.
The powers and duties of the board of education shall be exercised by the board as a whole and not by any individual board member, unless otherwise authorized by the board.
Members of the Board of Education shall be reimbursed for expenses which are incurred and connected with the discharge of their duties and responsibilities in connection with attendance at conventions, conferences and training, when such attendance has been approved by the board president or the superintendent of schools. Members may apply for reimbursement for mileage costs at the district-approved rate for travel outside the District incurred and connected with the discharge of their duties and responsibilities. (Section 77-b, General Municipal Law)
3. Administration and Enforcement of Policies
The Board of Education shall abide by the policies and by-laws of the school district at all times. The Board recognizes that such policies and by-laws may be changed as a regular order of business. The Board hereby assigns and grants to the superintendent of schools full authority and responsibility for the consistent, fair and effective administration and application of such policies and by-laws in the management of the school district.
4. Superintendent of Schools as Chief Executive Officer.
The Board of Education hereby designates the superintendent of schools as the executive officer of the Board and the chief executive officer of the school district.
First Reading 4/13/00
Section 77-b, General Municipal Law
BRUNSWICK C.S.D.POLICY 2.130-00
The Board of Education of the Brunswick Central School District exercises its authority and fulfills its responsibilities as an entity, through its meetings. Board of Education meetings provide a means for board members to interact with each other, the public and the officers and employees of the school district, enabling them to secure vital information about the issues facing the school district and its administration, management, operations and functions.
It is the expectation of the board of education that board members attend board meetings on time and for the duration of the meetings. Further, it is expected that board members are to be fully present at board meetings in order to ensure the effectiveness of the board in addressing issues before it.
A member who anticipates absence from a board meeting shall inform the board president or the office of the superintendent as soon as is reasonably possible, in advance of the meeting. So as not to impede the deliberations of the board during its meetings, board members are responsible for keeping informed about information and discussions missed as a result of absence from, late arrival to or early departure from a board meeting.
In the event of chronic, unexcused absence from board meetings by a board member, the board president may privately discuss the matter with the board member and explore the board members intentions with respect to continued service as a board member. The Board may exercise authority to declare a vacancy in the office of such member pursuant to Section 2109 of the Education Law.
First Reading 4/13/00
Education Law Sec. 2109
BRUNSWICK C.S.D.POLICY 2.140-02
The Board of Education shall convene an annual organizational meeting within the first fifteen days of July when the Board has so resolved.
The agenda for this meeting shall consist of the administration of the oath of office for new board members and the election of officers of the board. The board will then provide for the appointment and designation of school district employees and officers and such other matters as may be necessary for the management and operation of the school district or required by law.
The clerk of the board shall preside as chair until the election of a president of the board, by majority vote of the board. The district clerk shall administer the oath of office prescribed by Article XIII-1 of the Public Officers Law to the new board members and conduct the election to fill the office of president. Any member of the board is eligible to hold the office of president. Such election shall continue until one candidate receives a majority vote of the board.
Upon the election of the board president, the clerk shall administer the oath of office to the president, at which point the president shall preside over the order of business as follows:
I. Conduct of election for the office of first vice-president and second
II. Appointment of the officers of the district including: district treasurer, clerk of the board, internal claims auditor, tax collector, receiver of taxes for various towns, school physician, census enumerator, district auditor, asbestos LEA designee, student activities treasurer, school attorney, attendance officer, records access officer, records management officer, Title IX Officer, Section 504 Hearing Officer, Central Treasurer of Extra Classroom Activity Account, Committee on Preschool Special Education, Special Education and Sub Committee Members, Surrogate Parent on Special Education, Impartial Hearing Officers, Board Secretary, Board Representative to PTSA, NYSSBA Legislative Delegate, Capital District School Board Representative and the Brittonkill Education Foundation AD Hoc Member.
III. Provide for bonding of those individuals handling district funds including the district treasurer, tax collector, and central treasurer for student activity account, district clerk and internal claim auditor.
Designate the official depositories of district funds and the official
V. Adopt the day and hour for the conduct of regular meetings at least once per month while school is in session.
VI. Provide for the following designations and authorizations: a person to certify payrolls; a person to serve as school purchasing agent; persons authorized to approve attendance at conferences, conventions, workshops, etc., with designated expense limits; establishment of petty cash funds and amounts for such funds; designation of specific individuals' signatures on checks drawn from District funds; and designation of the Superintendent of Schools to approve budget transfers up to ten thousand dollars ($10,000.), within budget categories.
VII. Other matters as appropriate.
First Reading 4/13/00
N.Y. State Constitution art. XIII-1
Education Law Secs. 1701; 1707(2); 1708; 1904
Public Officers Law Sec. 10
Gen. Construction Law Sec. 41
BRUNSWICK C.S.D.POLICY 2.150-00
1. Board Offices Established
The Brunswick Central School District Board of Education establishes that it shall have a president, first vice president and second vice president. The term of office for elected officers of the board shall be one year.
2. Duties of Board Officers
The Board establishes that its officers shall have the following duties:
The President shall be the chief presiding officer of the board. S/he shall perform all of the responsibilities assigned to the office by law and the rules, regulations, policies, resolutions and actions of the board.
The President may call special meetings of the board and may appoint special committees to study and consider matters of concern or interest to the school district.
The first vice president shall exercise the powers and duties of the president, in the event of the absence or disability of the President.
The second vice president shall exercise the powers and duties of the president, in the event of the absence or disability of the President and the first vice president.
3. Board Action Upon Absence or Disability of President and Vice-Presidents
In the absence of the president and the vice-presidents, or in the case of the disability of them simultaneously, the board shall elect one of its members to serve as the temporary president of the board.
First Reading 4/13/00
Education law Sec. 1701
BRUNSWICK C.S.D.POLICY 2.160-00
In the event of a vacancy occurring in the membership of the board of education, the board of education shall provide for the filling of that vacancy in one of the following ways:
1. The board may by majority vote, appoint a person to fill the vacancy until the next annual meeting.
2. The board may call a special meeting of the district's voters to fill the vacancy, within 90 days of the occurrence of the vacancy. In such case, the person elected shall fill the un-expired term of the person who has vacated a position.
If a vacancy on the Board occurs within seven days before the deadline for filing nominating petitions for election at the next annual meeting, the Board shall fill the vacancy by appointment until the next succeeding annual meeting or special election.
If a vacancy exists at the time of the annual meeting, the candidate selected to fill that vacancy shall assume the unexpired term of office associated with the vacancy immediately upon his/her election.
First Reading 5/11/00
NY Constitution, Art. XIII Sec. 3
Education Law Secs. 1709(17); 1804(1); 2105(14); 2112; 2113
General Construction Law Sec. 41
Public Officers Law Secs. 5, 38, 105(1)
BRUNSWICK C.S.D.POLICY 2.170-00
The officers of the Brunswick Central School District shall include: district treasurer, clerk of the board, internal claims auditor, tax collector, school physician, census enumerator, district auditor, asbestos designee, student activities treasurer, school attorney, attendance officer, records access officer, records management officer, Title IX Officer, Section 504 Hearing Officer and such other offices created by the board to the extent required or permitted by law.
The responsibilities of the officers of the school district shall be as follows:
1. School District Clerk.
No person shall serve simultaneously as district clerk and district treasurer or tax collector of the Brunswick Central School District,
The District Clerk shall perform the following duties:
A. Attend meetings of the Board of Education except those convened in executive session or for the purpose of conducting collective bargaining ;
B. Assist the president and the superintendent in the preparation and distribution of the agenda for board meetings as directed.
C. Maintain minutes of all Board meetings, including a record of all legal actions taken by the Board of Education and such other information as is necessary to provide a true and accurate record of Board actions and the reasons and basis for such actions. The minutes shall include a brief synopsis of the discussions of the board on each item and a record of motions made and votes taken;
D. File and maintain the records and communications of the Board;
E. Assume responsibility for preparation of reports for all board meetings and for having them delivered to each Board member, the Superintendent, and designated staff;
F. Provide for the publication of all legal notices concerning District business on a timely basis;
G. Provide for the delivery of written notices of all Board meetings to all members of the Board, the Superintendent, and designated staff members on a timely basis;
H. Provide written notice of appointment to any person appointed;
I. Provide necessary registration materials to the board of registration, and deliver the appropriate register to the inspectors of elections;
J. Call all meetings of the Board to order in the absence of the president and vice-president of the Board, unless the board has designated a temporary president;
K. Act as clerk of any District voting or election, and keep a true and accurate record of all proceedings thereof; and
L. Provide written notice of election and term of office to those individuals elected to the board of education within 24 hours of declaration of their election.
M. Cooperate with the staff of the district office in the performance of these duties.
N. Administer the oath of office to Board members.
2. Assistant Clerk
In the absence or inability to serve of the district clerk, the assistant district clerk shall perform all of her/his duties.
3. School District Treasurer
No person shall serve simultaneously as district treasurer and district clerk or tax collector of the Brunswick Central School District.
The district treasurer shall serve as the chief accounting officer of the District, and perform the following duties:
A. Be custodian of all monies belonging to the District, receive all monies belonging to the District, deposit all monies received in depositories designated by the Board, pay out District monies on written order of the Board or as approved by the internal auditor, and sign salary checks;
B. Maintain proper books of account in conformity with requirements of the State Education Department, the Uniform System of Accounts as prescribed by the Comptroller of the State of New York in accordance with Sec. 36 of the General Municipal Law, and of the Board;
C. Render a monthly report for each fund showing the cash balance on hand at the beginning of the month, receipts by source during the month, total disbursements during the month, cash balance on hand at the end of the month, and reconciliation with bank statements; and
D. Render a monthly report for each fund including no less than the revenue and appropriations accounts required in the annual state budget form. This report must show the status of these accounts as to:
I. Revenue Accounts:
a. Estimated revenues;
b. Accounts received to date of report; and
c. Revenues estimated to be received during the balance of the fiscal year; as well as
II. Appropriation Accounts:
a. Original appropriations;
b. Transfers and adjustments;
c. Revised appropriations;
d. Expenditures to date;
e. Outstanding encumbrances; and
f. Unencumbered balances; and
E. File, keep, and protect all financial reports and records of the District after their current use.
4. Assistant Treasurer
In the absence or inability to serve of the District Treasurer, the Assistant Treasurer shall perform all her/his duties.
5. District Tax Collector
No person shall serve as district tax collector and district clerk or treasurer of the Brunswick Central School District. The district tax collector shall perform the following responsibilities:
A. Collect tax monies on warrants she/he receives from the Board, and upon giving proper notice to those from whom such taxes are due;
B. Pay over to the Treasurer all monies that are collected or received; and
C. Return to the Board a list of unpaid taxes containing a description of the real property upon which such taxes remain unpaid.
First Reading 4/13/00
Education Law Secs. 2(13); 1709(20a); 1720 - 21; 1905; 2102; 2105(6); 2116-a; 2121 - 30.
Real Property Tax Law Secs. 1312, 1318(1), 1306(1), 1322(1)(2), 1330(1)(2)
Public Officers Law Secs. 11; 65-b; 8 NYCRR 170.2; 185
BRUNSWICK C.S.D. POLICY 2.180-00
The Board of Education of the Brunswick Central School District affirms that it is in the best interests of the District and the students, parents and community it serves to create and maintain a Brunswick Central School District Policy Manual.
The Superintendent of Schools shall be responsible for the preparation and on-going maintenance of the School District Policy Manual.
The Superintendent shall:
1. Maintain one compilation of board adopted policies and regulations which shall be the official policy manual of the district.
2. Maintain a historical policy manual of the district which shall include a compilation of all original adoptions of policies and regulations of the board of education, plus all subsequent additions, revisions and deletions.
3. Be the custodian of the official policy manual and the historical policy manual of the district. These policy manuals shall be clearly marked for certain identification.
4. Secure the official policy manual and the historical policy manual in the office of the superintendent when they are not in use and may be removed from the office only by the superintendent of schools or a person authorized by the superintendent. A duplicate of the official manual shall be maintained in a secure location, other than in the building housing the office of the superintendent.
5. Make provision for presentation of the Policy Manual in automated format and available on the District web site to the extent practicable.
First Reading 4/13/00
BRUNSWICK C.S.D. POLICY 2.190-00
It is the policy of the Brunswick Central School District Board of Education that the District regularly review its policies and regulations to ensure that they are in compliance with the laws, rules and regulations of the United States and the State of New York and that they are responsive to the contemporary needs of the students and community served by the District.
It shall be the responsibility of the Superintendent of Schools to provide for ongoing review and evaluation of the policies and regulations of the District to facilitate compliance with this policy.
By September 1 of each year, and on an ongoing basis as needed, the Superintendent of Schools shall provide a written report to the Board identifying policies that should be reevaluated, adopted, repealed or amended.
By September 1 of each year, the District shall have recalled all copies of the policy manual for review and updating to ensure that they are current and have returned them to holders of policy manuals.
First Reading 4/13/00
Freedom of Information Law, Public Officers Law Sec. 87 et seq.
BRUNSWICK C.S.D. POLICY 2.200-01
The Brunswick Central School District Board of Education establishes that the following procedures shall be required in order for the Board to adopt a new policy or alter an existing policy. In what follows, the term "a new policy" shall refer either to a policy that is not currently adopted by the Board of Education, or to the alteration, amendment or revision of a policy that was enacted by the Board.
1. A new policy may be proposed by any member or members of the Board of Education, or by the Superintendent of Schools.
2. Whenever a new policy is proposed to the Board by the Superintendent, she/he shall provide the Board with a draft of the proposed new policy, and with a detailed written rationale for recommending its adoption to the Board.
3. Whenever a new policy is proposed by a member or members of the Board, the Superintendent shall review the proposal, and shall comment on it to the Board.
4. In formulation of its policies, the Board may request the opinions of members of the school community and experts. To permit time for the study of all new policies and to provide opportunity for interested parties to react, proposed policies or amendments shall be presented as agenda items to the Board in the manner prescribed in Policy Number 1.130-00 entitled Board Policy Development.
First Reading 5/24/00
Educ. Law. Secs. 1604(9); 1709(1); 1804
Public Officers L. Sec. 104(2)
BRUNSWICK C.S.D. POLICY 2.210-00
The Superintendent of Schools shall have the power and the duty to take appropriate and lawful action consistent with overall Board policy in those situations and circumstances in which the Board of Education has not enacted a written policy. The Superintendent shall inform the Board of such action, and shall advise the Board when there is a need for a policy to cover such situation.
Nothing contained herein authorizes the Superintendent of Schools to take an action which is exclusively reserved to the Board of Education and which is by law non-delegable.
First Reading 4/25/00
Matter of Cohoes City School Dist. v. Cohoes Teachers Ass'n,
40 NY2d 794 (1976)
BRUNSWICK C.S.D. POLICY 2.220-00
It is the policy of the Brunswick Central School District Board of Education to provide for the widespread public dissemination of the policies and regulations of the District. The Superintendent of Schools shall have the authority and responsibility to:
1. Provide a current copy of the district policy manual and regulations to each board member and provide for the updating and maintenance of such manuals as necessary.
2. Provide copies of board policies and regulations that are relevant to the proper performance of job responsibilities by employees and employee rights and responsibilities, to employees of the District, as necessary and appropriate. Copies of the policy book will be placed in each principals office and school library.
3. Provide a copy of the district policy manual and regulations to the District Clerk in the District Office, to be made available for public inspection.
4. Develop a plan to provide for the electronic posting and availability of the district policy manual and regulations on the Internet and the school district local area network.
First Reading 4/25/00
BRUNSWICK C.S.D. POLICY 2.230-00
It is the policy of the Brunswick Central School District that new members of the Board of Education be offered an opportunity to learn about the processes that the Board of Education utilizes and the issues it addresses in the exercise of its authority. The Board of Education hereby affirms that an orientation session for new board members is a vital element of their preparation to assume the responsibilities of school board member.
In order to ensure that a proper orientation is presented to new Board members, the President of the Board and the Superintendent of Schools will:
a. A copy of the Board policy manual.
b. A publication that describes the various provisions of the Education Law and their application to policymaking, administration and management of primary and secondary education in New York state, such as the School Law Book published by the New York State School Boards Association and the New York State Bar Association.
c. A copy of current collective bargaining agreements with employee collective bargaining units.
d. A summary report of the districts financial status.
e. A copy of the strategic plan of the District.
f. A packet of relevant literature including such items as New York State School Boards Associations orientation materials, building layouts, etc.
First Reading: April 25, 2000
Adoption: May 11, 2000
Revised: February 16, 2006
BRUNSWICK C.S.D. POLICY 2.260-00
1. Convening of a Special Meeting
The Brunswick Central School District Board of Education establishes that special meetings of the Board shall be called by the president of the Board, or in his or her absence or disability, the first vice-president, or in the event of absence or disability of them, the second vice president, upon the request of any member of the Board, by giving not less than 24 hours notice of such meeting.
2. Notice of Special Meeting
Notice of any special meeting of the Board shall be in compliance with all legal requirements for notice, and accordingly shall be posted on a bulletin board in the office of the District Clerk and the school website. The bulletin board is hereby designated for special official notices of the District.
3. Waiver of 24 Hour Notice of Special Meeting
In any emergency, the 24 hour notice requirement for a special meeting may be waived by unanimous consent of the Board. In case of such waiver by unanimous consent, each member of the Board shall sign a waiver of notice form that shall be provided by the District Clerk, and such form shall be entered into the minutes of that meeting.
First Reading 4/25/00
Public Officers Law Sec. 100 et seq. (Open Meetings Law)
Education Law Sec. 1708
BRUNSWICK C.S.D. POLICY FORM 2.260-00
WAIVER OF NOTICE OF SPECIAL BOARD MEETING
Pursuant to Brunswick Central School District Policy 2.260-00, we, the members of the Board of Education of the Brunswick Central School District, do by unanimous consent, evidenced by our signatures affixed hereto, hereby declare that a special meeting of the Board of Education is required to address an emergency and waive the 24-hour notice requirement for such special meeting
In case of such waiver by unanimous consent, each member of the Board shall sign a waiver of notice form that shall be provided by the District Clerk, and such form shall be entered into the minutes of that meeting.
First Reading 4/25/00
BRUNSWICK C.S.D. POLICY 2.270-00
The Brunswick Central School District Board of Education reserves the right, within the constraints of the laws of New York State, to meet in executive session. An executive session of the Board may be requested by any member of the Board or the Superintendent of Schools. No formal action or vote to appropriate money shall be taken during an executive session.
Upon a majority vote of its members, the Board may convene in executive session to discuss the subjects enumerated below:
1. Matters which, if disclosed, will imperil the public safety;
2. Any matter that may disclose the identity of a law enforcement agent or an informer;
3. Information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed;
4. Discussions regarding proposed, current, or pending litigation;
5. Collective negotiations pursuant to Art. 14 of the Civil Service Law (the Taylor Law);
6. Medical, financial, credit, or employment history of a particular person or corporation;
7. The preparation, grading, or administration of examinations; and
8. The 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 thereof.
Pursuant to the Federal Educational Records Privacy Act, discussions about individual students or the disclosure of student a student record(s) that would lead to the identification of a specific student, shall be held in executive session. The Board must consider the following matters in executive session:
1. probable cause to bring disciplinary charges against an employee; and
2. findings or placements of students by the Committee on Special Education.
Formal action or vote on matters that must be considered only in executive session, may only be taken by the Board during executive session. After an executive session is concluded, the Board shall reconvene in open session to take final action on other matters discussed, and to adjourn the meeting.
Minutes of executive sessions of the Board shall reflect all actions and votes taken by the Board in executive session without personally identifying employees or students affected thereby. The name of the person who called for the executive session shall appear in the minutes of the public meeting. Any officer or member of the Board or the Superintendent may move for an executive session.
The Board may permit staff and other persons whose presence is deemed necessary or appropriate to attend an executive session, or any part thereof. A determination of whose attendance is necessary or appropriate shall be made by the president of the Board or, in his absence, the presiding officer at the meeting. The president's decision in this matter may be challenged by any Board member, in which case the Board shall determine the question.
First Reading 4/25/00
Education Law Secs. 1708; 3020-a
Public Officers Law Sec. 100 et seq. (Open Meetings Law)
8 NYCRR Pt. 84
BRUNSWICK C.S.D. POLICY 2.280-00
1. Establishing the Agenda for Board Meetings.
The Brunswick Central School District Board of Education establishes that the President of the Board, in cooperation with the Superintendent of Schools, shall set the agenda for all meetings of the Board.
2. Board Member Agenda Items.
Subject to the prior approval of the President of the Board, a Board member may request that an item be included in the written agenda for a regular meeting by contacting the Superintendent before 12:00 noon on the day before that meeting.
3. Prior Notice of Agenda.
Copies of the agenda for any regular meeting, as well as copies of reports, and documentation and materials, related to what is to be acted on by the Board at that meeting, shall be distributed to the members of the Board at least five days preceding the regular meeting.
4. Public Copies of the Agenda.
Residents of the District and other interested parties shall receive copies of the agenda, upon request made to the District Clerk after approval of the agenda by the board president or acting board president and shall be available at board meetings and on the district website.
5. Consent Agenda.
It is the policy of the Brunswick Central School District Board of Education to conduct meetings in an orderly and efficient manner. To facilitate that policy the Board authorizes the use of a consent agenda as part of its regular meeting agenda as follows:
a. The consent agenda will provide a means to consolidate the routine business of the Board into a single motion or into several motions by category of action.
b. The Superintendent of Schools shall prepare the consent agenda in consultation with the President of the Board.
c. An item can be removed from the consent agenda at the request of any Board member. The item is then moved to the regular Board agenda for Board action.
d. The consent agenda shall be moved, seconded and voted upon either in one motion or in several motions by category of action, without discussion.
First Reading 4/25/00
BRUNSWICK C.S.D. POLICY 2.290-00
It is the policy of the Brunswick Central School District Board of Education, to provide for open and accurate communication regarding its operations and transaction of the public business through the deliberations and decisions of the Board.
Accurate and timely minutes of Board meetings enhances the public's understanding of the Board's functions and conduct, and provides a record of the District's progress toward its annual goals. The Board hereby declares that it will maintain a complete and accurate set of minutes for each of its meetings.
The minutes of the Board shall constitute the official record of the meetings of the Brunswick Central School District Board of Education, and shall be open to public inspection within one week of executive sessions and within two weeks of all other meetings.
All motions, proposals, resolutions, and other matters recorded by roll call vote, shall be recorded in Board minutes. In recording such votes, the names of the Board members shall be listed in alphabetical order, and the record shall indicate the final vote of each Board member.
If a Board member is not present at the commencement of the meeting, the subsequent arrival time of such member shall be indicated in the minutes.
A draft of the minutes of each meeting shall be forwarded to each member of the Board not later than the time that the agenda for the next meeting is disseminated.
Minutes are public documents. The Board's minutes shall therefore be open to inspection by the public and shall be posted on the District website after approval by the Board.
First Reading 5/24/00
Education Law Sec. 2121
Public Officers Law Sec. 84 et seq. (Freedom of Information Law [FOIL]; Sec. 100 et seq. (Open Meetings Law)
BRUNSWICK C.S.D. POLICY 2.300-00
It is the policy of the Brunswick Central School District to facilitate meaningful public access to meetings of the Board and to provide an opportunity for public comment at those meetings.
The Board welcomes public attendance at all of its meetings and will provide an opportunity to members of the public to address the Board at each meeting.
Accordingly, to the extent possible, an "Open Forum" will be included at the beginning and end of each regular Board meeting. Members of the public, including residents and students of the District, employees of the District, and members of the business community are encouraged to speak on matters of concern to them.
Any person wishing to address the Board must be recognized by the chair of the meeting and shall state for the record her/his name and address, or, in the case of an employee or business representative, her/his affiliation and position. All comments shall be addressed to the chair and shall be limited to not more than three minutes. Decisions of the chair concerning the recognition of individuals and rules of order are final.
While the Board does not wish to impinge upon free speech protections, it must be noted that the "Open Forum" is not intended to be an opportunity for every person to express an opinion on every or any matter. It is not the time to register complaints about individuals or items that have not first been addressed to appropriate staff and administrators. In addition, any remarks that might be considered defamatory or stigmatizing are prohibited, and will be declared out of order by the president or the chair of the meeting.
The Board also reserves the right to rule out of order, the discussion of matters that the Board deems to be more properly discussed in Executive Session under the Open Meetings Law. These matters include the following:
1. Matters that will imperil the public safety if disclosed;
2. Any matter that may disclose the identity of a law enforcement agent or informer;
3. Information relating to current or future investigation of a criminal offense that would imperil effective law enforcement if disclosed;
4. Discussions about proposed, pending, or current litigation;
5. Collective negotiations under Article 14 of the Civil Service Law (Taylor Law);
6. The medical, financial, employment, or credit history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal, or removal of a particular person or corporation;
7. The preparation, administration, or grading of examinations; and
8. Information relating to the proposed acquisition, sale, or lease of real property, or the proposed acquisition of securities, or sale or exchange of securities held by the District, when publicity would substantially affect the value thereof.
The Board shall, in its discretion and, when deemed necessary, upon the advice of counsel, determine whether a particular matter should be discussed in Executive Session, and at what time such discussion will be held.
First Reading 5/24/00
Public Officers Law, Sec. 103
Matter of Martin, 32 EDR 381 (1992)
Matter of Kramer, 72 State Dep't Rep. 114 (1951)
BRUNSWICK C.S.D. POLICY 2.310-00
The Brunswick Central School District Board of Education acknowledges the right of any party attending one of its meetings to record or broadcast the Board meeting by either audio or video means, so long as the process of recording or broadcasting the meeting shall not interfere with the meeting's proper and orderly conduct.
No prior permission by the Board shall be required for the audio or video recording or broadcast of any meeting of the Board or any committee of the Board so long as the technical means used is an unobtrusive device that does not interfere with the Board's deliberative process. The president of the Board or the chairperson of the committee of the Board shall be informed prior to the meeting that such unobtrusive recordings are to be made.
Prior permission of the Board shall be required before any audio or video recording or broadcast of a meeting of the Board shall be permitted by other technical means than an unobtrusive device.
The Board and any committee of the Board reserves the right to direct that a tape recording be made of any meeting thereof in order to ensure that a reliable, accurate, and complete account of the meeting is made.
First Reading 5/24/00
Public Officers Law Secs. 100 et seq. (Open Meeting Law)
Mitchell v. Bd. of Educ. of Garden City Union Free School Dist.,
113 AD2D 924 (2D Dept. 1985)
BRUNSWICK C.S.D. POLICY 2.320-00
The Brunswick Central School District Board of Education shall appoint a School Attorney for the District. The Attorney shall be the legal advisor to the Board, and shall be duly admitted to the practice of law in New York State.
2. Role of the School Attorney
The School Attorney shall:
A. advise the Board with respect to all legal matters relating to the District, including, but not limited to, interpretation of the Education Law of New York State, and all other statutes, rules, and regulations that affect the District;
B. make her / himself readily accessible to the Board and to the Superintendent of Schools, and, at the Superintendent's discretion, to designated members of the administrative staff of the District, with respect to legal matters arising in the day-to-day administration of the operations of the District;
C. represent the District in the preparation of any and all contracts, covenants, or agreements that the District may be obliged to execute, other than purchase orders routinely issued for the acquisition of goods, equipment, and services and reviewing such contracts, covenants and agreements prior to submission to the Board for consideration;
D. advise and assist in matters of litigation, pursuant to the Attorney's retainer agreement with the District;
E. review the legality of all policies, rules and regulations to be adopted by the Board;
F. review and advise the Board and the Superintendent with respect to any process served upon the District; and
G. recommend the retention of such special counsel as the Attorney may deem necessary in the circumstances, subject to the approval of the Board; and
H. such other duties as required by law or desired by the Board or Superintendent.
3. Requests for Written Opinions
The School Attorney shall provide written opinions upon the request of the Board or the Superintendent. All requests for written opinions from the School Attorney on school-related matters shall be directed to the Attorney through either the Superintendent or her/his designee, or the president of the Board. Such written opinions shall be available to all members of the Board.
4. Retainer Agreement
The School Attorney shall be compensated only according to the terms and conditions of a written retainer agreement. Such retainer agreement shall provide for the following services:
A. Response to requests for written opinions (see no. 3, above);
B. General responses to matters that arise before the Commissioner of Education involving the District;
C. Review of tentative agreements reached between the District and its employee collective bargaining units, and meetings with the Board during the course of negotiations for purposes of discussing matters of negotiation;
D. Routine consultations with the Superintendent and designated District administrative personnel;
E. Review of all legal matters to which the District is a party, including matters in which the District is represented by counsel retained by its insurance carrier;
F. A specific description of the circumstances and conditions under which time not covered by the retainer agreement may be billed to the District and the amount to be charged under such circumstances.
G. Such retainer agreement shall provide that the Board may terminate such agreement at any time.
First Reading 5/24/00
Education Law Secs. 3023; 3028; 3811
Civil Service Law Sec. 211
Gen. Municipal Law Sec. 104-b
BRUNSWICK C.S.D. POLICY 2.330-00
The Brunswick Board of Education shall review the effectiveness of its internal operations at least once annually. The Superintendent and others who work regularly with the Board of Education may be asked to participate in this review and to suggest ways by which the Board of Education can improve its functioning as a deliberative and legislative body.
An effective program of evaluation contains many features. The following conditions are crucial to an evaluation that has as its primary purpose the improvement of school board leadership:
1. Board members should be involved in the development of the standards by which they will evaluate themselves.
2. The evaluation should be at a scheduled time and place, with no other items on the agenda, at a study or executive session, if appropriate, and with all Board members present.
3. The evaluation should be a composite of the individual Board members opinions, but the Board as a whole should meet to discuss the results.
4. The evaluation should include a discussion of strengths as well as weaknesses of the Board.
5. The Board should not limit itself to those items that appear on the evaluation form. No form or set of guidelines could encompass the totality of a school board's responsibilities.
6. Each judgment should be supported by as much rational and objective evidence as possible.
When the Board of Education has received the composite profiles from the evaluation, the Board members will discuss the results in detail and formulate a series of objectives for the ensuing year. These objectives will be stated in the form of behavioral change or productivity gains. Implicit in this approach is an assumption that an individual is capable of improvement. The chances that he/she will improve are enhanced, if evaluation is carried out systematically in accordance with good planning, conscientious follow-through, and careful assessment of results.
First Reading 5/24/00