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BUSINESS AND
FINANCE
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TABLE OF CONTENTS
(SECTION 4000)
SUBJECT
NUMBER
Budgetary
Process 4000
Budget: Planning,
Review and Adoption
4010
Employee Benefit Accrued Liability Reserve Fund
4015
Administration of Budget
4020
Budget Transfers and Adjustments
4030
Investments
4040
Acquisition of Federal, State and Private Funds
4050
Purchasing
4060
Personal Property Accountability
4070
Cellular Phones
4080
Use of BOCES Credit Cards
4090
Vending Machines
4096
Personal Use of BOCES Telephones
4100
Internal Audit
Function
4110
Supplies and Equipment Purchased for Itinerant
4120
Staff Members
Extraclassroom Activity Funds
4130
Cash in School Buildings
4140
Special Projects Contracts 4150
Owned or Leased Vehicles Policy
4160
Equipment Replacement Plan for Heavy Equipment
4165
and Conservation Programs
Safety/Security
4170
Hazard Communication Standard
4180
Emergency Situations
4190
Exposure Control Program
4200
Adopted:
February 13, 2002
4000
SUBJECT:
BUDGETARY PROCESS
In order to provide for a comprehensive and accurate
budget, the Board and administrative staff shall prepare the
budget in a systematic manner. The Board shall be informed of the budgetary process
and shall be presented annually with a budget calendar for
its approval.
The budget development process is continuous, which
involves the preparation, authorization, and administration
of the funds necessary to finance the educational and
service programs.
Education Law Section 1950(4b)
Adopted:
February 13, 2002
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4010
SUBJECT:
BUDGET: PLANNING, REVIEW AND ADOPTION
Planning for the annual budget shall enable the BOCES
to effectively inform component districts of their costs and
meet any deadlines set by the New York State Education
Department, as well as any set forth by law or regulation.
Authorization of the budgetary commitment of a
component school district to participate in programs and
services provided by the BOCES rests with the component
school board and is executed by the superintendent of the
school district.
District participation in BOCES services will be
determined annually by May 1, in accordance with Section
1950 of Education Law. After this date, requests for changes in the
district's level of participation, either increases or
decreases, shall be made in writing by the component school
superintendent to the District Superintendent.
Requests from component school districts for services
not available from the BOCES must be made in writing to the
District Superintendent who may authorize the issuance of a
cross contract with another BOCES.
Education Law Section 1950
Adopted:
February 13, 2002
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4015
SUBJECT:
EMPLOYEE BENEFIT ACCRUED LIABILITY RESERVE FUND
1.
The Board recognizes the need to provide funding for
retiree health insurance premiums and/or other post
employment benefits included in the Administrative Budget.
2.
The Board has established an Employee Benefit Accrued
Liability Reserve fund by resolution adopted on September 9,
1998.
3.
Recognition and recording of such accruals and
reserves must be in accordance with Generally Accepted
Accounting Principles (GAAP) and Governmental Accounting
Standard Board (GASB) regulations.
4.
A benefit code will be established in each CO-SER
budget for retiree health insurance premiums. The level of funding will be determined annually.
5.
An actuarial study of retiree health insurance costs
may be conducted periodically as determined by the District
Superintendent.
General Municipal Law Section
6-P
Adopted:
June 11, 2003
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4020
SUBJECT:
ADMINISTRATION OF BUDGET
The District Superintendent is responsible to the
Board for the administration of the budget.
a. The District Superintendent/designee shall acquaint
BOCES employees with the final provisions of the program
budget and guide them in planning to operate efficiently and
economically within these provisions. Function and object appropriations for line items
shall be determined by July 1.
b. Under the District Superintendent's direction, the
Assistant Superintendent for Administrative Services shall
maintain such records of accounting control as are required
by the New York State Uniform System of Accounts (for
BOCES), the Board,
and such other procedures as are deemed necessary and shall
keep the various administrative units informed as to the
status of their individual budgets, on a function and object
basis. The
business office shall bring to the attention of the
administrative units and the District Superintendent any
deviations from original requests.
c. Administrators are responsible to the District
Superintendent for operation of their units within budgetary
limits.
d.
The District Superintendent shall require the
Assistant Superintendent for Administrative Services to
render a summary report by program or major function, at
least monthly, within Regulations of the Commissioner of
Education.
Adopted:
February 13, 2002
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4030
SUBJECT:
BUDGET TRANSFERS AND ADJUSTMENTS
Transfers
The District Superintendent, in compliance with the
Commissioner's Regulations, shall be authorized to approve
the transfer of funds between/within budget functions,
and internal fund transfers.
Adjustments
The District Superintendent is authorized to receive
and appropriate unanticipated and unbudgeted revenue to the
appropriate budget function, to create codes, if necessary,
and to adjust the budget if anticipated revenue is
unrealized, reporting such adjustments to the Board.
Commissioner's Regulations
Section 170.2
Adopted:
February 13, 2002
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4040
SUBJECT:
INVESTMENTS
Scope
This investment policy applies to all monies and
other financial resources available for investment on its
own behalf or on behalf of any other entity or individual.
Objectives
The primary objectives of the Board’s investment
activities are, in priority order,
to
conform with all applicable federal, state and other legal
requirements (legal);
to
adequately safeguard principal (safety);
to
provide sufficient liquidity to meet all operating
requirements (liquidity); and
to
obtain a reasonable rate of return (yield).
Delegation
of Authority
The Board's responsibility for administration of the
investment program is delegated to the Treasurer who shall
ensure that an adequate internal control structure exists
which provides a satisfactory level of accountability based
on a data base or records incorporating description, amounts
of investments, transaction dates, and other relevant
information and that requires the activities of subordinate
employees. The
Assistant Superintendent for Administrative Services is
responsible for overseeing, directing and coordinating the
Treasurer’s investment program.
The Treasurer is responsible for establishing and
maintaining an internal control structure to provide
reasonable, but not absolute, assurance that deposits and
investments are safeguarded against loss from unauthorized
use of disposition, that transactions are executed in
accordance with management's authorization and recorded
properly, and are managed in compliance with applicable laws
and regulations.
Prudence
All participants in the
investment process shall seek to act responsibly as
custodians of the public trust and shall avoid any
transaction that might impair public confidence in the BOCES
to govern effectively.
Investments shall be made with judgment and care,
under circumstances then prevailing, which persons of
prudence, discretion and intelligence exercise in the
management of their own affairs, not for speculation, but
for investment, considering the safety of the principal as
well as the probable income to be derived.
All participants involved in the investment process
shall refrain from personal business activity that could
conflict with proper execution of the investment program, or
which could impair their ability to make impartial
investment decisions.
Diversification
It is the policy of the BOCES to seek diversification
in its deposits and investments by financial institution, by
investment instrument, and by maturity scheduling in
accordance with recommendations made by the Treasurer in
consultation with the Assistant Superintendent for
Administrative Services when he/she deems appropriate.
Designation
of Depositaries
The banks and trust companies
authorized for the deposit of monies up to the maximum
amounts are:
Depository Name
Maximum
Amount
Adirondack Trust Company
NA
Evergreen Bank NA
Glens Falls National Bank NA
Collateralizing
of Deposits
In accordance with the provisions of the General
Municipal Law, Section 10, all deposits of BOCES, including
certificates of deposit and special time deposits, in excess
of the amount insured under the provisions of the Federal
Deposit Insurance Act shall be secured:
By a pledge of "eligible securities" with an
aggregate "market value" as provided by GML
Section 10, equal to the aggregate amount of deposits from
the categories designated in Appendix A to the policy.
Safekeeping
and Collateralization
Eligible securities used for collateralizing deposits
shall be held by Manufacturers, Traders Trust Company, and
Key Bank subject to security and custodial agreements.
The security agreement shall provide that eligible
securities are being pledged to secure local government
deposits together with agreed upon interest, if any, and any
costs or expenses arising out of the collection of such
deposits upon default. It shall also provide the conditions under which the
securities may be sold, presented for payment, substituted
or released and the events, which will enable the local
government to exercise its rights against the pledged
securities. In
the event that the securities are not registered or
inscribed in the name of the local government, such
securities shall be delivered in a form suitable for
transfer or with an assignment in blank to the BOCES or its
custodial bank.
The custodial agreement shall provide that securities
held by the bank or trust company, or agent of and custodian
for, the BOCES, will be kept separate and apart from the
general assets of the custodial bank or trust company and
will not, in any circumstances, be commingled with or become
part of the backing for any other deposit or other
liabilities. The
agreement should also describe that the custodian shall
confirm the receipt, substitution or release of the
securities. The
agreement shall provide for the frequency of revaluation of
eligible securities and for the substitution of securities
when a change in the rating of a security may cause
ineligibility. Such
agreement shall include all provisions necessary to provide
the local government a perfected interest in the securities.
Permitted
Investments
As authorized by General
Municipal Law, Section 11, the BOCES authorizes the
Treasurer to invest monies not required for immediate
expenditure for terms not to exceed its projected cash flow
needs in the following types of investments:
Special
time deposit accounts
Certificates
of deposit;
Obligations
of the United States of America;
Obligations
guaranteed by agencies of the United States of America where
the payment of principal and interest are guaranteed by the
United States of America;
Obligations
of the State of New York;
Obligations
issued pursuant to LFL Sections 24.00 or 25.00 (with
approval of the State Comptroller) by any municipality,
school district or district corporation other than the
BOCES;
Obligations
of public authorities, public housing authorities, urban
renewal agencies and industrial development agencies where
the general State statutes governing such entities or whose
specific enabling legislation authorizes such investments.
Certificates
of Participation (COPs) issued pursuant to GML Section
109-b.
Obligations
of this local government, but only with any monies in a
reserve fund established pursuant to GML Sections 6-c, 6-d,
6-e, 6-g, 6-h, 6-j, 6-k, 6-l, 6-m, or 6-n.
All investment obligations shall be payable or
redeemable at the option of the BOCES within such items as
the proceeds will be needed to meet expenditures for
purposes for which the monies were provided and, in the case
of obligations purchased with the proceeds of bonds or
notes, shall be payable or redeemable at the option of the
BOCES within two years of the date of purchase.
Authorized
Financial Institutions and Dealers
The BOCES shall maintain a list of financial
institutions and dealers approved for investment purposes
and establish appropriate limits to the amount of
investments, which can be made with each financial
institution or dealer. All financial institutions with which the local
government conducts business must be credit worthy.
Banks shall provide their most recent Consolidated
Report of Condition (Call Report) at the request of the
BOCES. Security
dealers not affiliated with a bank shall be required to be
classified as reporting dealers affiliated with the New York
Federal Reserve Bank, as primary dealers.
The Treasurer is responsible for evaluating the
financial position and maintaining a listing of proposed
depositaries, trading partners and custodians.
Such listing shall be evaluated at least annually.
Purchase
of Investments
The Treasurer is authorized to
contract for the purchase of investments:
1. Directly, including through a repurchase agreement,
from an authorized trading
partner.
2. By participation in a cooperative investment program
with another authorized governmental entity pursuant to
Article 5G of the General Municipal Law where such program
meets all the requirements set forth in the Office of the
State Comptroller Opinion No. 88-46, and the specific
program has been authorized by the governing board.
3. By utilizing an ongoing investment program with an
authorized trading partner pursuant to a contract authorized
by the governing board.
All purchased obligations, unless registered or
inscribed in the name of the local government, shall be
purchased through, delivered to, and held in the custody of
a bank or trust company. Such obligations shall be purchased, sold or
presented for redemption or payment by such bank or trust
company only in accordance with prior written authorization
from the officer authorized to make the investment. All such transactions shall be confirmed in writing
to the Washington-Saratoga-Warren-Hamilton-Essex BOCES. Any obligation held in the custody of a bank or trust
company shall be held pursuant to a written custodial
agreement as described in General Municipal Law, Section 10.
The custodial agreement shall provide that securities
held by the bank or trust company, as agent of, and
custodian for, the local government, will be kept separate
and apart from the general assets of the custodial bank or
trust company and will not, in any circumstances, be
commingled with or become part of the backing for any other
deposit or other liabilities. The agreement shall describe how the custodian shall
confirm the receipt and release of the securities. Such agreement shall include all provisions necessary
to provide the local government a perfected interest in the
securities.
Repurchase
Agreements
Repurchase
agreements are authorized subject to the following
restrictions:
All
repurchase agreements must be entered into subject to a
Master Repurchase Agreement.
Trading
partners are limited to banks or trust companies authorized
to do business in New York State and primary reporting
dealers.
Obligations
shall be limited to obligations of the United States of
America and obligations guaranteed by agencies of the United
States of America.
No
substitution of securities will be allowed.
The
custodian shall be a party other than the trading partner.
APPENDIX
A
SCHEDULE
OF ELIGIBLE SECURITIES
X
(i)
Obligations issued, or fully insured or guaranteed as to the
payment of principal and interest, by the United States of
America, an agency thereof or a United States government
sponsored corporation.
(ii) Obligations issued or fully guaranteed by the
International Bank for Reconstruction and Development, the
Inter-American Development Bank, the Asian Development Bank,
and the African Development Bank
X
(iii) Obligations partially insured or guaranteed by
any agency of the United States of America, at a proportion
of the Market Value of the obligation that represents the
amount of the insurance or guaranty.
X
(iv) Obligations issued or fully insured or
guaranteed by the State of New York, obligations issued by a
municipal corporation, school district or district
corporation of such State or obligations of any public
benefit corporation, which under a specific State statute
may be accepted as security for deposit of public moneys.
X
(v) Obligations issued by states (other than the
State of New York) of the United States rated in one of the
three highest rating categories by at least one nationally
recognized statistical rating organization.
(vi) Obligations of Puerto Rico rated in one of the
three highest rating categories by at least one nationally
recognized statistical rating organization.
(vii) Obligations of counties, cities and other
governmental entities of a state other than the State of New
York having the power to levy taxes that are backed by the
full faith and credit of such governmental entity and rated
in one of the three highest rating categories by at least
one nationally recognized statistical rating organization.
(viii) Obligations of domestic corporations rated in
one of the two highest rating categories by at least one
nationally recognized statistical rating organization.
(ix) Any mortgage related securities, as defined in
the Securities Exchange Act of 1934, as amended, which may
be purchased by banks under the limitations established by
bank regulatory agencies.
(x) Commercial paper and bankers' acceptances issued
by a bank, other than the Bank, rated in the highest short
term category by at least one nationally recognized
statistical rating organization and having maturities of not
longer than 60 days from the date they are pledged.
(xi) Zero coupon obligations of the United States
government marked as "Treasury strips."
Adopted:
February 13, 2002
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4050
SUBJECT:
ACQUISITION OF FEDERAL, STATE AND PRIVATE FUNDS
The Board encourages the pursuit of special grants
directly related to the needs of the BOCES, the component
school districts and the region. The Board shall approve all federal, state, or
private funds.
The BOCES shall account for each federal project
separately, and shall expend such funds only as authorized
by the approved project application.
Information
to Participating Districts
Letters of support from directly involved school
boards or designees will be required when appropriate.
Proposal abstracts will be sent to component
districts and other agencies when appropriate. Participating component districts will be informed
concerning approval or rejection of proposals by the
District Superintendent or designee. Abstracts of final reports, including evaluation
summaries, will be sent to all participating component
school boards or designees where appropriate.
Donations
From Organizations or Individuals
At times, various organizations
or individuals may wish to give recognition for services
received from BOCES. Such
donations should be made through the appropriate Assistant
Superintendent. The
donation may be in the form of money or supplies/equipment. The following guidelines must be followed in
accepting such donations.
Money
Donations
a.
At no time will a donation of money be given directly
to a staff person or student.
b.
All cash must immediately be sent by the recipient to
the BOCES treasurer for depositing in the BOCES general
operating fund.
c.
The Assistant Superintendent for Administrative
Services will prepare the necessary Board resolution
accepting the donation of cash. Such resolution will include designation for the appropriate
use of the money.
d.
Student groups with a formal organization and faculty
advisor receiving money gifts should process such gifts
through their financial accounts.
Donation
of Supplies and/or Equipment
a.
Notification of the receipt of supplies and equipment
donations should immediately be sent by the appropriate
Assistant Superintendent/designee to the Assistant
Superintendent for Administrative Services. This should include a detailed description of the
item(s) received.
b.
The Assistant Superintendent for Administrative
Services will, where necessary, prepare the necessary Board
resolutions to accept the donated items.
Adopted:
February 13, 2002
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4060
SUBJECT: PURCHASING
The BOCES purchasing activities will be part of
the responsibilities of the Business Office, under the
general supervision of the Purchasing Agent designated by
the Board of Education. The purchasing process should
enhance school operations and educational programs through
the procurement of goods and services deemed necessary to
meet the BOCES needs.
Competitive Bids and Quotations
As required by law, the Superintendent will follow normal
bidding procedures in all cases where needed quantities of
like items will total the maximum level allowed by law
during the fiscal year, (similarly for public
works-construction, repair, etc.) and in such other cases
that seem to be to the financial advantage of the BOCES.
A bid bond may be required if considered advisable.
No bid for supplies shall be accepted that does not conform
to specifications furnished unless specifications are waived
by Board action. Contracts shall be awarded to the lowest
responsible bidder who meets specifications. However, the
Board may choose to reject any bid.
Rules shall be developed by the administration for the
competitive purchasing of goods and services.
The Superintendent may authorize purchases within the
approved budget without bidding if required by emergencies
and are legally permitted.
The Superintendent is authorized to enter into cooperative
bidding for various needs of the BOCES.
Request for Proposal Process for the Independent Auditor
In accordance with law, no audit engagement shall
be for a term longer than five (5) consecutive years. The
BOCES may, however, permit an independent auditor engaged
under an existing contract for such services to submit a
proposal for such services in response to a request for
competitive proposals or be awarded a contract to provide
such services under a request for proposal process.
Procurement of Goods and Services
The Board of Education recognizes its responsibility to
ensure the development of procedures for the procurement of
goods and services not required by law to be made pursuant
to competitive bidding requirements. These goods and
services must be procured in a manner so as to:
a)
Assure the prudent and economical use of public moneys in
the best interest of the taxpayer;
b) Facilitate the acquisition of goods and
services of maximum quality at the lowest possible cost
under the circumstances; and
c) Guard against favoritism, improvidence,
extravagance, fraud and corruption.
These procedures shall contain, at a minimum, provisions
which:
a) Prescribe a process for determining whether
a procurement of goods and services is subject to
competitive bidding and if it is not, documenting the basis
for such determination;
b) With certain exceptions (purchases pursuant
to General Municipal Law, Article 5-A; State Finance Law,
Section 162; State Correction Law, Section 184; or those
circumstances or types of procurements set forth in (f) of
this section), provide that alternative proposals or
quotations for goods and services shall be secured by use of
written request for proposals, written quotations, verbal
quotations or any other method of procurement which furthers
the purposes of General Municipal Law Section 104-b;
c) Set forth when each method of procurement
will be utilized;
d) Require adequate documentation of actions
taken with each method of procurement;
e) Require justification and documentation of
any contract awarded to other than the lowest responsible
dollar offer, stating the reasons; and
f) Set forth any circumstances when, or the
types of procurement for which, the solicitation of
alternative proposals or quotations will not be in the best
interest of the BOCES.
Any unintentional failure to fully comply with these
provisions shall not be grounds to void action taken or give
rise to a cause of action against the BOCEES or any BOCES
employee.
The Board of Education shall solicit comments concerning the
BOCES policies and procedures from those employees involved
in the procurement process. All policies and procedures
regarding the procurement of goods and services shall be
reviewed annually by the Board.
Alternative Formats for Instructional Materials
Preference in the purchase of instructional
materials will be given to vendors who agree to provide
materials in a usable alternative format (i.e., any medium
or format, other than a traditional print textbook, for
presentation of instructional materials that is needed as an
accommodation for each student with a disability, including
students requiring Section 504 Accommodation Plans, enrolled
in the BOCES). Alternative formats include, but are not
limited to, Braille, large print, open and closed captioned,
audio, or an electronic file in an approved format as
defined in Commissioner's Regulations.
BOCES Plan
As required by federal law and New York State Regulations,
the BOCES has adopted the National Instructional Materials
Accessibility Standard (NIMAS) to ensure that curriculum
materials are available in a usable alternative format for
students with disabilities. To facilitate this process, the
BOCES will participate in the National Instructional
Materials Access Center (NIMAC) and will require all
contracts with publishers for textbooks and other printed
core materials executed after December 2006 include a
provision requiring the publisher to produce NIMAS files and
send them to NIMAC.
Environmentally Sensitive Cleaning and Maintenance Products
In accordance with Commissioner's Regulations,
State Finance Law and Education Law, effective with the
2006-2007 school year, the BOCES shall follow guidelines,
specifications and sample lists when purchasing cleaning and
maintenance products for use in its facilities. Such
facilities include any building or facility used for
instructional purposes and the surrounding grounds or other
sites used for playgrounds, athletics or other instruction.
Environmentally sensitive cleaning and maintenance
products are those which minimize adverse impacts on health
and the environment. Such products reduce as much as
possible exposures of children and school staff to
potentially harmful chemicals and substances used in the
cleaning and maintenance of school facilities. The BOCES
shall identify and procure environmentally sensitive
cleaning and maintenance products which are available in the
form, function and utility generally used. Coordinated
procurement of such products as specified by the Office of
General Services (OGS) may be done through central state
purchasing contracts to ensure that the BOCES can procure
these products on a competitive basis.
The BOCES shall notify their personnel of the
availability of such guidelines, specifications and sample
product lists.
Competitive Bidding Purchases
The Board of Education will only accept bids from
"responsible bidders." A determination that a bidder on a
contract for the purchase of apparel,
is not a "responsible
bidder" shall be based upon either or both of the following
considerations:
a) The labor standards applicable to the
manufacture of the apparel, or sports equipment, including
but not limited to employee compensation, working
conditions, employee rights to form unions, and the use of
child labor; or
b) The bidder's failure to provide information
sufficient for the Board of Education to determine the labor
standards applicable to the manufacture of the apparel or
sports equipment.
Non-Competitive Bidding Purchases
The Board's internal policies and procedures governing
procurement of apparel or
sports equipment, where
such procurement is not required to be made pursuant
to competitive bidding requirements, shall prohibit the
purchase of apparel or sports equipment,
from any vendor based upon either or both of the following considerations:
a) The labor standards applicable to the
manufacture of the apparel
or sports
equipment, including but not limited to employee
compensation, working conditions, employee rights to form
unions, and the use of child labor; or
b) The bidder's failure to provide information
sufficient for the Board of Education to determine the labor
standards applicable to the manufacture of the apparel or
sports equipment.
Contracts
for Goods and Services
No contracts for goods and services shall be made by
individuals or organizations in the school that involve
expenditures without first securing approval for such
contract from the Purchasing Agent.
No Board member or employee of the BOCES shall have an
interest in any contract entered into by the Board or the
BOCES.
Upon the adoption of a resolution by a vote of at
least three-fifths (3/5) of all Board members stating that
for reasons of efficiency or economy there is need for
standardization, purchase contracts for a particular type or
kind of equipment, materials or supplies of more than ten
thousand dollars may be awarded by the Board to the lowest
responsible bidder furnishing the required security after
advertisement for sealed bids in the manner provided in
law.
20 United States Code (USC) 1474(e)(3)(B)
Education Law Sections 305(14), 409-i, 1604, 1709, 1950,
2503, 2554 and 3602
General Municipal Law Articles 5-A and 18
State Finance Law Sections 162 and 163-b
8 New York Code of Rules and Regulations (NYCRR) Sections
155, 170.2, 200.2(b)(10), 200.2(c)(2) and 200.2(i)
Adopted: February 13, 2002
Revised: September 12, 2007
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4070
SUBJECT:
PERSONAL PROPERTY ACCOUNTABILITY
For the purpose of this policy, and pursuant to
Section 1950 of the Education Law, the following definitions
are provided:
Personal
Property
– All tangible personal property of the Board of
Cooperative Educational Services that is not consumable and
has a useful life of one year or more, including, but not
limited to equipment, supplies, parts, vehicles and
materials, provided that such term shall not include
buildings or other real property or equipment, which is
permanently affixed to real property, or leases, notes or
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