Policy Series 9000

Personnel Policies

9000 Personnel Policy Goals

9140.1 Staff Complaints and Grievances
9150 Staff-Student Relations
9170 Meals and Refreshments

9210 Assignment and Transfer
9240 Recruitment and Selection of Administrative Staff
9241 Summer School Teachers
9245 Schools Against Violence in Education (SAVE)
9260 Conditional Hiring and Emergency Conditional Hiring
9270 Temporary Substitute and Part-time Personnel
9270.1 Substitute Teachers

9420 Evaluation of Support Staff
9420.1 Evaluation of Professional Staff / Annual Teacher and Administrator Performance Review
9430 Incidental Teaching

9500 Compensation and Related Benefits
9510.2 Support Staff Overtime Pay
9520.5 Absences and Leaves
9540.1 Employee Group Insurance
9560 Retirement Contributions

9600 Staff Conduct
9645 Disclosure of Wrongful Conduct

9700 Staff Development

9800 Collective Bargaining Negotiations


P9000: PERSONNEL POLICY GOALS

[P9000 PRINT-FRIENDLY VERSION]

A dynamic and effective staff dedicated to education is essential to maintain a continually improving educational program. The Board of Education recognizes its responsibility for promoting the general
welfare of the staff.

The personnel goals provide for:

  • recruitment, selection and employment of the best qualified personnel to staff the school system;
  • staff compensation and benefits programs sufficient to attract and retain qualified employees;
  •  a staff development program for all employees which fosters improved performance;
    an employee performance review program that will contribute to the continuous improvement of staff performance; and
  • assignment of personnel so as to ensure they are utilized as effectively as possible.

Revised June 1999 | Renumbered from P4000 – September 2015


P9140.1: STAFF COMPLAINTS AND GRIEVANCES

[P9140.1 PRINT-FRIENDLY VERSION]

The Board of Education recognizes that staff complaints and grievances regarding work rules arise from time to time. In many instances the complaint process is covered by collective bargaining agreements, and in those instances, the grievance procedure outlined in the agreement shall be used. In order to address staff complaints not covered by bargaining agreements, and/or for those employees not covered by such an agreement, the Board establishes this policy. The Board acknowledges that staff members
have the right to present complaints and grievances in accordance with these procedures free from coercion, interference, restraint, discrimination or reprisal.

The district shall implement a multistage grievance procedure and an appellate stage for the settlement of grievances pursuant to the General Municipal Law.

This policy and regulation shall be filed with the District Clerk and the State Civil Service Commission within 15 days of adoption and/or amendment, as required by law.

Staff complaints that are not covered under the General Municipal Law, or cannot be resolved under procedures of policies 0100, Equal Opportunity and Nondiscrimination or 0110, Sexual Harassment, shall be subject to the discretion of the Board of Education as to the method by which the complaint may be brought.

Cross-ref: P0100, Equal Opportunity and Nondiscrimination
P0110, Sexual Harassment

Ref: General Municipal Law, Article 15c
Civil Service Law, Article 14
Matter of Gatje, 24 EDR 191 (1984)

Adopted November 2015


P9150: STAFF-STUDENT RELATIONS

[P9150 PRINT-FRIENDLY VERSION]

The Board of Education believes that learning is enhanced when the relationship between staff and students is one of cooperation, understanding, and respect. Faculty members should make a concerted effort to involve themselves in the academic and non-academic activities of the students. The building principal should exhibit an enthusiastic, involved relationship with student activities. The teacher in charge of day to day instruction should exercise interpersonal skills to promote an atmosphere conducive
to learning and to motivate each pupil to perform at capacity.

Reviewed June 1999 | Renumbered from P4410 – September 2015


P9170: MEALS AND REFRESHMENTS

[P9170 PRINT-FRIENDLY VERSION]

The Board of Education recognizes that, occasionally, it may be appropriate to provide refreshments and/or meals at district meetings or events, which are being held for a district or educational purpose. Any expenditure on such refreshments and/or meals must be approved in advance by the appropriate
Building Administrator. Meal requests may be approved when:

  • officers and/or employees of the district will be prevented from taking time off for food consumption due to a pressing need to complete the business at hand;
  • the district is faced with business of an immediate nature and meetings of district employees are essential at mealtime;
  • the district wishes to recognize the services provided by volunteers or other unsalaried members of the district (in such cases, however, only the meals of those being recognized may be reimbursed and the cost of the meals must be reasonable).
  • the district sponsors student/staff recognition activities or student orientation events as approved by the Superintendent or his designee.

An example of an authorized expenditure would be refreshments and/or meals for staff assigned to participate in assessment day grading of standardized tests.

All expenses must be appropriately documented, including the date, purpose of the meeting and the group in attendance, and submitted to the district’s Business office for the purposes of audit and possible reimbursement.

Ref: NY Constitution, Art. VIII, §1 (constitutional prohibition against gifts)
Education Law §2118
Ops. St. Compt. 77-667; 79-522; 82-66; 82-213 82-298; 83-57; 98-2

Adoption date: September 2016 (replaces previous version of P9170)


P9210: ASSIGNMENT AND TRANSFER

[P9210 PRINT-FRIENDLY VERSION]

The assignment and transfer of personnel will be determined by the Superintendent as required for the operation of the district. Consideration will be given to the preferences of the affected individual but in those cases where the individual’s preferences cannot be accommodated, the overall good of the
system, as determined by the Superintendent, will be the criterion for placement and transfer.

Reviewed June 1999 | Renumbered from P4115 – September 2015


P9240: RECRUITMENT AND SELECTION OF ADMINISTRATIVE STAFF

[P9240 PRINT-FRIENDLY VERSION]

Recruiting and selection of administrative staff (those positions requiring administrative certification) will be the responsibility of the Superintendent of Schools, who will be assisted in this process by the Assistant Superintendent for Instruction.

The principles of equal opportunity employment and affirmative action will be implemented in the recruitment of qualified candidates to ensure that all qualified candidates are made aware of existing opportunities in the district. The recruitment and selection process will comply with all applicable law to
ensure that each prospective candidate is ensured an equal opportunity to employment. In all contacts, correspondence, and advertising for candidate recruitment, the district will be identified as an equal opportunity employer.

The process for selection from the candidate list will be established by the Superintendent after consultation with the Board of Education.

An offer of employment will be made only on the recommendation of the Superintendent to the Board of Education.

THE PROFESSIONAL STAFF

All professional staff positions in the school district must be established and authorized by the Board of Education in accordance with state law and regulations. The Superintendent of Schools is responsible
for developing the professional staff positions necessary to meet the instructional program goals and objectives of the District and the requirements of collective bargaining agreements. The Superintendent is also responsible for writing, or causing to be written, a job description for each professional staff position prior to proposing any position to the Board.

RECRUITMENT, SELECTION, AND APPOINTMENT (INSTRUCTIONAL STAFF)

Recruitment of the instructional staff will be carried out under the direction of the Assistant Superintendent for Instruction.

Selection of specific teachers will be made, whenever possible, by a committee that includes the building principal, district department chairperson, or building department chairperson and other members of the professional staff.

An offer for employment will only be made after a review of the qualifications of the applicant with the Superintendent of Schools; it will be the responsibility of the Superintendent of Schools to make recommendations for appointment to the Board of Education.

Appointments to the staff must be approved by the Board of Education. They will be approved only after recommendation by the Superintendent.

RECRUITMENT, SELECTION AND APPOINTMENT (SUPPORT STAFF)

Recruiting will be carried out by personnel authorized by the Superintendent of Schools and shall include at least the Assistant Superintendent for Support Services or the Assistant Superintendent for Instruction.

Offers of employment will be made after a review of the candidate’s qualifications by the Superintendent of Schools.

Appointments to the staff must be approved by the Board of Education. They will be approved only after recommendation by the Superintendent of Schools.

Appointments will be made in accordance with the Civil Service Law of New York State.

Revised June 2007 |  Renumbered from P2330 – September 2015
Revised June 1999 |  Renumbered from P4100 – September 2015
Revised June 1999 |  Renumbered from P4110 – September 2015
Reviewed June 1999 |  Renumbered from P4210 – September 2015


P9241: SUMMER SCHOOL TEACHERS

[P9241 PRINT-FRIENDLY VERSION]

Summer school teachers should meet the same qualifications as those required of all regular school teachers in this district. Regular teachers from this school district will be utilized in the summer school program when they are available.

Reviewed June 1999 | Renumbered from P4560 – June 2015


P9245: SCHOOLS AGAINST VIOLENCE IN EDUCATION (SAVE)

[P9245 PRINT-FRIENDLY VERSION]

Effective July 1, 2001, the Schools Against Violence in Education (SAVE) Legislation requires the Commissioner of Education and the New York State Education Department (SED) to request a fingerprint supported criminal history background check for applicants for certification as well as
prospective employees of school districts.

In accordance with the SAVE legislation, the Burnt Hills-Ballston Lake Board of Education requires that effective July 1, 2001, all employees hired to work in the Burnt Hills-Ballston Lake School District will be fingerprinted and undergo a criminal background check through the New York State Education Department as a condition of his/her appointment.

At the time an applicant accepts an offer of employment, he/she will sign a statement stating that his/her appointment is conditional upon receipt of the SED clearance.

Any employee who does not meet the requirements of the NYS Education Department background check, and does not receive a clearance, will have his/her appointment revoked immediately.

The Burnt Hills-Ballston Lake School District will pay for fees associated with the background check for all support staff, and will provide all forms necessary for the process.

The Human Resources Department will be responsible for coordinating the fingerprinting process for the district.

Revised January 2008 | Renumbered from P7180 – September 2015


P9260: CONDITIONAL HIRING AND EMERGENCY; CONDITIONAL HIRING

[P9260 PRINT-FRIENDLY VERSION]

The Board of Education recognizes that there may be instances in which it is necessary, upon recommendation of the Superintendent of Schools, for the Board to make a conditional appointment or an emergency conditional appointment of a prospective employee. To provide for the safety of
students who have contact with an employee holding a conditional appointment or an emergency appointment, the Board adopts the following policy.

No district employee who holds a conditional or emergency conditional appointment shall be in contact with students other than to provide the specific instruction or other services for which the employee was
hired, except as deemed appropriate by the building Principal.

In no event shall such a teacher be left alone with an individual student.

The Administrator in charge or his/her designee of the program in which the conditional hire or emergency conditional hire is employed shall take such steps as are prudent and necessary to insure the protection of children in the charge of the conditional appointee or emergency conditional appointee.

Failure to comply with this policy will result in appropriate disciplinary action.

For purposes of this policy, the terms “conditional appointment” and “emergency conditional appointment” shall refer to any employee holding conditional or emergency conditional appointment, as defined in Section 1709 of the Education Law.

Ref. Education Law 1125-1133, 1709
8 NYCRR 100.2 (hh); Part 87

Approved February 2002 | Renumbered from P4111 & P4211 – September 2015


P9270: TEMPORARY SUBSTITUTE AND PART-TIME PERSONNEL

[P9270 PRINT-FRIENDLY VERSION]

A list of qualified substitute teachers will be prepared by the Assistant Superintendent for Instruction for consideration by the Board of Education. The Assistant Superintendent for Support Services will prepare a similar list of qualified support staff substitutes for submission to the Board. Once substitutes are approved by the Board of Education for employment by the District, the Assistant Superintendents will be responsible for managing the deployment of substitute service as needed. The District will contract for substitute calling service to assist in the delivery of substitute service as required by the schools.

Part-time employees will be appointed on a temporary basis by the Board of Education as needed and upon the recommendation of the Superintendent of Schools. Part-time employees must have credentials similar to those possessed by full-time employees, including appropriate certification or
licensing where it is required.

REPLACEMENT TEACHERS

A person hired to replace a teacher who has been granted a leave of absence will be informed that the appointment terminates upon the return of the regularly appointed teacher. This appointment will be designated as a “temporary appointment.”

Revised June 1999 | Renumbered from P4500 – September 2015 | Reviewed June 1999 |  Renumbered from P4510 – September 2015


P9270.1: SUBSTITUTE TEACHERS

[P9270.1 PRINT-FRIENDLY VERSION]

The Assistant Superintendent for Instruction will prepare a list of certified teachers who are acceptable and available for substitute work. Salary compensation for substitute teachers will be established through a collective bargaining agreement.

Reviewed June 1999 | Renumbered from P4520 – September 2015


P9310: PHYSICAL EXAMINATION

[P9310 PRINT-FRIENDLY VERSION]

A physical examination including a chest X-ray or tuberculin skin test is required for all employees new to this District. Such a physical will be provided by the school physician, or if the teacher prefers, an examination by his/her own physician on a form provided by the district. The district will reimburse the employee up to $38.50 with validated receipts submitted to the Human Resources Department for out of pocket expenses. The district reserves the right to have the school physician examine any employee at the discretion of the Superintendent of Schools.

PHYSICAL EXAMINATION

The Board of Education will require all support staff employees to have a physical examination,
including a chest x-ray or a tuberculin skin test, before appointment to their positions.

Further, the Board of Education will require all bus drivers to have a physical examination within two weeks prior to the beginning of service in each school year. This examination will include a chest x-ray or a tuberculin skin test.

The Board of Education also will require all cafeteria workers to have a physical examination prior to the beginning of work each year. This examination will include a chest x-ray or a tuberculin skin test.

Such a physical will be provided by the school physician. If the employee prefers an examination by her/his own physician, the district will reimburse the employee for actual expense up to the amount charged by the school physician for a school employee physical. The district reserves the right to have the school physician examine an employee at the discretion of the Superintendent of Schools.

Revised June 1999 | Renumbered from P4114– September 2015 | Reviewed June 1999 | Renumbered from P4213 – September 2015


P9420: EVALUATION OF SUPPORT STAFF

[P9420 PRINT-FRIENDLY VERSION]

The Board of Education believes that the evaluation of support staff is an essential component of supervision and decision making regarding staff promotions and retention. The Board therefore directs the Superintendent of Schools to develop standards and procedures for the evaluation of all support staff.

All service personnel will undergo such evaluation once yearly, in cooperation with his/her immediate supervisor.

The purpose of support staff evaluations are:

  1. to provide an objective basis for employee improvement;
  2.  to maintain salaries commensurate with job requirements and responsibilities; and
  3. to recognize qualified employees.

If requested by the Civil Service Department, the District will keep and report performance ratings of civil service employees prior to making a permanent appointment. For those support staff members who are members of a collective bargaining unit, permanent appointments will be made as per
negotiated agreement.

District policy procedures are presented in policies series XXXX.

Revised May 2005 | Renumbered from P0540 – September 2015


9420.1: EVALUATION OF PROFESSIONAL STAFF / ANNUAL TEACHER AND ADMINISTRATOR PERFORMANCE REVIEW

[9420.1 PRINT-FRIENDLY VERSION]

The Board of Education recognizes that a well-developed and rigorously administered evaluation process is key to securing and maintaining an effective district workforce. The Board views the evaluation of professional staff as an essential growth tool for improving individual performance and
the district’s overall ability to meet its educational objectives. To these ends, the performance of all professional staff will be reviewed and evaluated at least annually in accordance with the Regulations of the Commissioner. The purposes of teacher and administrator evaluations are:

  1. to clarify the duties and responsibilities of staff;
  2. to enrich, develop and improve effective professional skills and performance by:
    1. informing each staff member of how his or her performance is perceived in relation to the expectations of the district; and
    2. identifying an individual’s strengths and weaknesses;
  3. to enhance the instructional program by providing individual staff members with methods by which performance may be improved; and
  4. to provide the Board and the Superintendent with accurate and timely assessments of employee performance to enable them to fulfill their legal responsibilities in making personnel decisions, including the granting of tenure or voting disciplinary charges.

As part of its oversight responsibilities for the school district, the Board shall ensure that evaluations are conducted regularly, that the results of the evaluations are thoroughly documented, and that administrators are properly trained to conduct evaluations. The Superintendent is responsible for
administering the evaluation process.

The procedures and guidelines for formal observations and evaluations of teachers and administrators shall be those agreed to with the employee organization(s) representing such professional staff and set forth in their respective collective bargaining agreements.

District policy procedures are presented in policies series XXXX.

Approved February 2000 | Renumbered from P0530 & P4117 – September 2015


P9430: INCIDENTAL TEACHING

[P9430 PRINT-FRIENDLY VERSION]

The Superintendent of Schools is authorized to assign a teacher to teach a subject not covered by the teacher’s certificate for up to five classroom hours a week when the Superintendent believes such
assignment is in the interests of the school district. In making an incidental teaching assignment, the Superintendent shall, pursuant to the regulations of the Commissioner of Education:

  1. determine that the teacher being assigned on an incidental basis has sufficient teaching experience and knowledge of the subject to teach it in a competent manner.
  2. submit a list of all teachers assigned on an incidental basis, including the course assigned and the certification area of the teacher so assigned, to the Board of Education at a public meeting by October 1 of each year. Assignments made after October 1 must be reported to the Board at the next regularly scheduled public Board meeting; and
  3. submit the same list to the State Education Department as part of the district’s annual Comprehensive Assessment Report.

In addition, the Superintendent shall ensure that the district informs parents about incidental teaching assignments by at least one of the following methods: public discussion at a Board meeting, publication in a newsletter, or mailing letters to parents.

The information provided should include the teacher’s experience and knowledge of the subject matter so parents are aware of the teacher’s qualifications to teach the subject.

If a parent appeals an incidental teaching assignment, the appeals process shall begin with the filing of a written complaint with the building Principal. If the complaint remains unresolved at this level, the complaint is appealable to the Superintendent. If still unresolved, the parent may appeal to the Board
for a final determination. If the complaint concerns a particular teacher’s qualification, the Board may meet in executive session to discuss the issue.

Reviewed June 1999 | Renumbered from P4113 – May 2015


P9500: COMPENSATION AND RELATED BENEFITS

[P9500 PRINT-FRIENDLY VERSION]

Compensation and related benefits will be provided to all employees on the basis of service rendered, as required by state law, and as stipulated in current negotiated agreements. Compensation for exempt employees will be established by the Board of Education annually prior to July 1 after receipt of a
salary recommendation from the Superintendent of Schools. Benefits for such employees other than the Superintendent of Schools shall be as follows:

  1. Exempt clerical employees will be entitled to benefits contractually provided to employees represented by CSEA (e.g., sick leave and other leave entitlements, health insurance, earned vacation, longevity, and retirement benefits).
  2. The Director of Human Resources will be entitled to benefits contractually provided to employees represented by the Operations Management Organization (e.g. sick leave and other leave entitlements, health insurance, earned vacation and retirement benefits).
  3. The School Business Administrator will be entitled to benefits contractually provided to employees represented by the Operations Management Organization (e.g. sick leave and other leave entitlements, health insurance, earned vacation and retirement benefits) until such time as he/she is
    certified as a Business Administrator and will then be entitled to benefits contractually provided to administrators represented by the Administrators Organization bargaining unit (e.g., sick leave and other leave entitlements, health insurance, “initial payment,” “one time longevity increment,” earned
    vacation, and retirement benefits.)
  4. Assistant Superintendents will be entitled to benefits provided to administrators represented by the Administrative Organization bargaining unit (e.g., sick leave and other leave entitlements, health insurance, “initial payment,” “one time longevity increment,” earned vacation, earned doctorate entitlement, and retirement benefits.) Such benefits will accrue on July 1st of the contract year.

Upon recommendation of the Superintendent of Schools, the Board may also consider a memorandum of agreement to the policy to allow alternate benefits for exempt administrators with 10 or more years of service to the Burnt Hills-Ballston Lake School District.

Revised July 2007 | Renumbered from P4300 – September 2015


P9510.2: SUPPORT STAFF OVERTIME PAY

[P9510.2 PRINT-FRIENDLY VERSION]

Support staff overtime pay will be based on an hourly rate multiplied by 1 1/2.

Overtime will be paid on time worked beyond 40 hours in one week (Monday through Sunday) as required by the Fair Labor Standards Act. Positions such as substitute calling or census enumeration that are contracted at a total dollar amount for the job without regard to hours, will not qualify for
overtime payment. The overtime rate used for persons working in several classifications will be the rate for the position whose hours resulted in time worked beyond 40 hours.

District-wide support staff supervisors will not be paid overtime unless the Board of Education authorizes extra pay for special circumstances upon the recommendation of the Superintendent of Schools.

Renumbered from P4340 – June 2015


P9520.5: ABSENCES AND LEAVES

[P9520.5 PRINT-FRIENDLY VERSION]

The Board of Education will recognize absences without loss of pay and award leaves of absence under the terms of the negotiated agreements with the Teachers Association, CSEA, and the Administrators. Employees not represented by a bargaining unit will receive the same consideration in matters of absence and leaves as those who are represented by bargaining units.

Absence for one or more days for professional activity such as conference attendance, professional meetings, school visitations, or curriculum development activity requires the prior approval of the Superintendent of Schools or the Superintendent’s designee.

Absences for any reason not listed above or in the negotiated agreements will not be allowed. Deductions for such absences will be made at 1/200 of the annual salary for each day of absence.

Leaves as specified in the negotiated agreements may be granted by the Board of Education upon the recommendation of the Superintendent of Schools. In addition, the Board of Education, upon the recommendation of the Superintendent, may grant extended leaves without pay for health reasons or
the alleviation of hardship involving an employee or his/her immediate family. The Board will grant military leave upon request in compliance with the existing legal requirements and the terms therein defined. A leave of absence for personal reasons may be considered by the Board only when such leave is recommended as in the best interests of the school district by the Superintendent of Schools.

Reviewed June 1999 | Renumbered from P4375 – September 2015


P9540.1 : EMPLOYEE GROUP INSURANCE

[P9540.1 PRINT-FRIENDLY VERSION]

Eligibility for group medical insurance will be based on the terms and conditions identified by contract. In addition, it will be recognized that while any insurance company carries this group, such company may establish eligibility rules concerning initial entry to the group by any individual. Any
enrollment in employee group insurance will be governed by all applicable state and/or federal regulatory requirements.

Where the District self-funds any part of its group health insurance program, the following minimum eligibility requirements will apply:

  • Employees must enroll within the first 30 days of employment or show proof of a qualifying event.
  • Individual coverage may be converted to two person or family within 30 days of marriage with proof of the qualifying event.

Student dependents over the age of 19 will be carried as eligible dependents on the dental plan for the entire school year if enrolled as a full time student for that school year up to age 25. Documentation of full-time student status must be provided each semester to the dental carrier for students to remain
covered.

Effective 7/1/11, dependents over the age of 19 will be covered up to age 26 on group health plans under the Affordable Care Act, regardless of student status.

Employees who do not participate in a school-sponsored health plan or who carry single coverage may, with documentation of a qualifying event, join the plan or increase coverage to include dependents within 30 days following the loss or reduction of health coverage held by a spouse. To be eligible for retirement health benefits, an employee must meet the length of service and age criteria to be eligible to receive state or teacher retirement benefits, although the employee need not be a retirement system member. Additional District service eligibility requirements may apply as per current negotiated agreements. The spouse of a retired employee carries the same eligibility privileges as the retired employee. In the event of the death of an active employee who is eligible for health benefits as a retiree, the spouse of that employee will have the same health insurance eligibility as the spouse of a retired employee.

Other eligibility requirements recommended by the plan administrator, recommended by the Insurance Committee and adopted by the Board, may be adopted and printed in literature describing specific health plans.

District contributions toward employee premium costs will be as stated in applicable current negotiated agreements or individual contracts with the district.

Revised January 2014 | Renumbered from P4360 – September 2015 | Revised September 2016


P9560: RETIREMENT CONTRIBUTIONS

[P9560 PRINT-FRIENDLY VERSION]

The Board of Education will arrange for such contributions to this system as are required by law and the Superintendent shall notify all persons who are required by law to join this system. All employees are to be counseled by the Assistant Superintendent for Support Services or the Assistant Superintendent for Instruction at the time of their employment as to their standing under this law.

Reviewed June 1999 | Renumbered from P4370 – September 2015


P9600: STAFF CONDUCT

[P9600 PRINT-FRIENDLY VERSION]

Staff members serve as important role models for school children, who are often influenced by the conduct displayed during the school day by their teachers, administrators, bus drivers, classroom aides, and other employees with whom they have contact. Staff members are expected to demonstrate a high level of ethical behavior and a respect for human dignity and the law as they perform their school functions.

Reviewed June 1999 | Renumbered from P4400 – June 2015


P9645: DISCLOSURE OF WRONGFUL CONDUCT

[P9645 PRINT-FRIENDLY VERSION]

The Board of Education expects officers and employees of the district to fulfill the public’s trust and to conduct themselves in an honorable manner, abiding by all district policies and regulations and by all applicable state and federal laws and regulations.

However, when district officers or employees know or have reasonable cause to believe that serious instances of wrongful conduct (e.g., mismanagement of district resources, unethical behavior, violations of law or regulation, and/or abuse of authority) have occurred, they should report such wrongful conduct
to the Board or one of its designated officers.

For purposes of this policy, the term “wrongful conduct” shall be defined to include:

  • theft of district money, property, or resources;
  • misuse of authority for personal gain or other non-district purpose;
  • fraud;
  • actions that compromise the security and integrity of the district’s or state’s testing program;
  • violations of applicable federal and state laws and regulations; and/or
  • serious violations of district policy, regulation, and/or procedure.

Disclosure and Investigation

Employees and officers who know or have reasonable cause to believe that wrongful conduct has occurred shall report such mismanagement, fraud or abuse to the Superintendent of Schools, the School Attorney or the Independent Auditor. Each of these Board-designated officers, upon receiving a report of alleged wrongful conduct, shall take immediate steps to conduct an investigation.

Staff members who suspect that a violation of state testing procedures has occurred shall report their concerns to the Building Principal, the Superintendent, or the State Education Department. Any Building Principal receiving such a report shall relay this information to the Superintendent.

The Superintendent, School Attorney or the Independent Auditor shall maintain a written record of the allegation, conduct an investigation to ensure that the appropriate unit (auditors, police, SED, etc.) investigates the disclosure, and notify the Board when appropriate to do so.

Except as otherwise provided in either state and/or federal law, the Board-designated officer shall make all reasonable attempts to protect the identity of the employee making the disclosure in a confidential manner, as long as doing so does not interfere with conducting an investigation of the specific
allegations or taking corrective action.

The district shall not take adverse employment action against an employee who has notified the district of wrongdoing, allowing the district the opportunity to investigate and correct the misconduct.

Complaints of Reprisal

An employee who has been subject to an adverse employment action based on his or her prior disclosure of alleged or actual wrongful conduct may contest the action by filing a written complaint of reprisal with the Board President. The Board President, or his/her designee, will review the complaint
expeditiously to determine:

  • whether the complainant made a disclosure of alleged wrongful conduct before an adverse employment action was taken;
  • whether the responding party could reasonably have been construed to have had knowledge of the disclosure and the identity of the disclosing employee;
  • whether the complainant has in fact suffered an adverse employment action after having made the disclosure; and
  • whether the complainant alleges that adverse employment action occurred as a result of the disclosure.

If the designee determines that all of the above elements are present, he or she shall appoint a review officer or panel to investigate the claim and make a recommendation to the Board. At the time of appointment, the designee shall inform the complainant and the respondent, in writing, of:

  • the intent to proceed with an investigation;
  • the specific allegations to be investigated;
  • the appointment of the review officer or panel; and
    the opportunity of each party to support or respond, in writing, to the allegation.

Once the review officer or panel has conducted a review and considers the investigation to be complete, the officer or panel will notify the designee of its completion. From the date of that notice, the review officer has 30 days to report his or her findings and make any recommendations he or she deems
appropriate to the designee. The designee, in conferral with the appropriate administrator shall issue a letter of findings to both the complainant and the respondent.

The decision of the review officer or panel is binding.

Nothing in this policy is intended to interfere with legitimate employment decisions.

The Superintendent of Schools shall establish regulations necessary to implement this policy.

This policy and accompanying regulations shall be published in employee handbooks, posted in employee lounges and given to all employees with fiscal accounting and/or money handling responsibilities on an annual basis.

The Superintendent of Schools, the Auditor, the School Attorney and others involved in implementing this policy shall meet with the Board once a year to evaluate the effectiveness of this policy and to make appropriate adjustments, if any, to the policy and accompanying regulations.

Ref: Civil Service Law §75-b
Labor Law §740
8 NYCRR §§102.3, 102.4
Garrity v. University at Albany, 301 A.D. 2d 1015 (3rd Dept. 2003) Matter of Brey v. Bd. of
Educ., 245 A.D. 2d 613 (3rd Dept. 1997)

Adopted November 2015


P9700: STAFF DEVELOPMENT

[P9700 PRINT-FRIENDLY VERSION]

The Board of Education believes that the success of educational programs and operational goals depends on the professional growth and effectiveness of the entire staff. The Board also recognizes its responsibility to encourage staff development through goal-setting, budgetary commitment, and
monitoring staff development activities.

The Board encourages the pursuit of staff development experiences. The Superintendent of Schools, or his/her designee, will have the authority to approve release time and expenses for individual staff members’ attendance at professional training conferences, study councils, inservice
courses, workshops, summer study grants, school visitations, etc., within budgetary constraints.

Staff development programs will be conducted in each school of the district at least annually. The Superintendent of Schools, in cooperation with the District Staff Development Committee, is responsible for insuring that these programs are pertinent for the improvement of programs and services in the District.

Revised June 1999 | Renumbered from P4030 – September 2015


P9800: COLLECTIVE BARGAINING NEGOTIATIONS

[P9800 PRINT-FRIENDLY VERSION]

The Board of Education has a legal obligation to bargain in good faith with recognized employee representatives regarding salaries, fringe benefits, hours of employment, and other terms and conditions of employment. The goal of the negotiations process is to achieve agreements that will sustain a
strong educational program and be fair to both employees and taxpayers.

CONDUCT OF NEGOTIATIONS

Collective bargaining negotiations for the District will be conducted as directed by the Board of Education. The Board of Education must work closely with the Superintendent of Schools in negotiations. Prior to the start of collective bargaining sessions the Superintendent and the Board should define District issues to be considered in negotiations and develop a negotiations strategy.

The Board of Education, with the advice of the Superintendent, will appoint a chief negotiator to serve as the Board’s chief spokesperson during the bargaining process. The Board may also appoint other persons with expertise on the matters to be negotiated to be part of the District’s bargaining team. The members of the Board will not engage in direct bargaining at the negotiations table. The Superintendent of Schools may or may not be a member of the District’s negotiating team, but he or she will be responsible for insuring that the Board’s position on the issues is reflected in the final agreement. The Superintendent should sign the final agreement as the District’s agent.

The Board should receive periodic updates and have input into the status of negotiations from the Superintendent or the Chief Negotiator. Negotiations should proceed only as the Board directs.

Reviewed June 1999 | Renumbered from P4600 – September 2015 | Reviewed June 1999 | Renumbered from P4610 – September 2015