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I. STATUTORY CONFLICTS OF INTEREST

It is a conflict of interest for a Board member, officer, or employee to benefit personally from contracts made in their official capacity.   

“Contract” is defined broadly to include any claim or demand against the District or account

or agreement with the  District, whether expressed or implied, which exceeds the sum of

$750.00 in any fiscal year.

“Interest” is defined as a direct or indirect benefit that runs to the Board member, officer, or employee as a result of a contract with the  District.

A Board member, officer, or employee is deemed to have an “interest” in: 

1. a firm, partnership, or association in which the Board member, officer, or employee is a member or employee; 

2. a corporation in which they are the Board member, officer, or employee;  

3. a corporation in which the Board member, officer, or employee directly or indirectly owns or controls 5% or greater of the outstanding shares;

4. a contract between the District and their spouse, minor child, or dependents, except for an employment contract entered into between the District, a spouse, minor child, or dependent of a Board member authorized by §800(3) of the General Municipal Law or §3016 of the Education Law.

Personal interests which are prohibited by law include:

1. interest in a contract with the District where a Board member has the power or may appoint someone who has the power to negotiate, authorize, or make payment or audit bills or claims under the contract, unless otherwise exempted by exception under law; and

2. interest by the Superintendent, Treasurer, Deputy Treasurer or employee in a bank or other financial institution that is used by the District they serve, unless otherwise exempted by exception under law.

In order for a Board to enter into an enforceable contract where a Board member, officer or employee of the District has a prohibited conflict of interest which is not exempted by an exception to the law, the affected member, officer, or employee must resign from their office or employment prior to the time that the Board takes action upon the contract.

Exceptions

A Board member, officer, or employee will be deemed not to have a conflict of interest in any of the exceptions listed in §802 of the General Municipal Law, including:

1. contracts with membership corporations or other voluntary not-for-profit corporations or associations (e.g., Taylor Law collectively negotiated agreements, contract with a not-for-profit health services organization) are exempt from the conflict of interest rules. No Board member is prohibited from voting on collectively negotiated agreements which are applicable to their spouse or children;

2. appointment of a teacher as defined in §3016 of the Education Law, who is a relative or spouse of a Board member, is permitted upon a two-thirds super majority vote, without limiting any Board member’s right to vote;

3. the employment of a Board member as School Physician is permitted upon a two-thirds vote of the Board;

4. contracts entered into by the District with a person who is subsequently elected or appointed to the Board, a District office or employment remain valid, except the contract may not thereafter be renewed;

5. a contract with a corporation of which the interest of the Board member, officer, or employee, by reason of stockholding, is less than 5% of the outstanding shares; 

6. contracts between the District and a Board member, officer, or employee in which the total amount does not exceed $750.00 in any fiscal year;

7. where application of the conflict of interest rules would necessitate the engagement of a bank or trust company outside of the municipality or District, the Board may designate a bank or trust company in which the Board President, treasurer, or deputy treasurer has an interest in such entity. The designation will be as a depository, paying agent or registration agent for the investment of funds;

8. a contract with a person, firm, corporation or association in which a municipal officer or employee has an interest prohibited solely by reason of employment as an officer or employee of such other entity, if their compensation will not be directly affected as a result of the contract with the municipality or the District and duties do not directly involve the procurement, preparation or performance of any part of the contract;

9. the designation of a newspaper, including an official newspaper, for the publication of notices, resolutions, or other proceeding where publication is otherwise required or authorized by law;

10. the purchase of real property or any interest therein when approved upon a petition to the State Supreme Court by the Board;

11. acquisition of real property or an interest in real property through eminent domain proceedings;

12. sale of bonds and notes pursuant to §60.10 of the Local Finance Law.

Disclosure Requirements

Board members, officers, and employees must publicly disclose the nature and extent of any non-excepted interest they or their spouse have, will have or later acquire, in any actual or proposed contract, purchase agreement, lease agreement, or other agreement involving the District (including oral agreements), even if it is not a prohibited interest under applicable law. Such disclosure must be in writing and made part of the official record of the District.  Disclosure is not required in the case of an interest that is an exception exempted under General Municipal Law §802; however, Board members, officers, and employees are encouraged to voluntarily make such disclosure.

If a Board member is legally permitted to vote on a matter, but the matter is subject to disclosure by statute, or if the Board member chooses to voluntarily disclose an excepted interest, the affected Board member may request to be the last member called to vote on such matter.

II. OTHER PROHIBITED ACTIVITIES

No District officer or employee will:

1. use or attempt to use their official position to secure unwarranted privileges or exemptions for such officer or employee or others;

2. by their conduct, give reasonable basis for the impression that any person can improperly influence such officer or employee or unduly enjoy special favor in the performance of official duties, or that they are affected by the kinship, rank, position, or influence of any party or person.

III. BOARD MEMBER TRAINING

1. Board members elected or appointed for a term beginning on or after July 1, 2005  will, within the first year of their term, complete a minimum of six hours of training on fiscal oversight, fiscal, and other accountability and fiduciary responsibilities of a school Board member from an authorized provider of such training. 

2. Board members elected or appointed for a first term beginning on or after July 1, 2011          will, within the first year of their term, complete a training course on the powers,   functions, and duties of school boards, and the powers and duties of other governing and administrative authorities affecting education. 

3. The mandatory Board member trainings may be taken together as a single course or separately. 

4. Each affected Board member must file a certificate of completion of such course or courses issued by the provider with the District Clerk.

IV. CONFIDENTIALITY REQUIREMENTS 

Board members, officers, and employees are prohibited from disclosing confidential information acquired by them in the course of their official duties or using such information to further their personal interests. Board members, officers, and employees who are privy to the executive content  materials that contain opinions, recommendations, and/or evaluations will not further disclose the contents of same. In addition, Board members, officers, and employees may not disclose the following matters discussed in executive session or as contained in Board informational materials issued by the Superintendent:

1. matters which will imperil the public safety if disclosed;

2. matters which may disclose the identity of a law enforcement agency or informer;

3. information relating to a current or future investigation or prosecution of a criminal offense;

4. discussion regarding proposed, pending or current litigation;

5. collective negotiations under the Taylor Law;

6. the medical, financial, credit, or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, or removal of a particular person or corporation;

7. the preparation, grading, or administration of examinations;

8. proposed acquisition, sale, or lease of real property or securities, only when publicity would substantially affect the value thereof;

9. student records pursuant to the Family Educational Rights and Privacy Act (FERPA);

10. matters subject to the attorney-client privilege.

Upon the approval of a quorum of the Board at a publicly conducted open meeting, matters discussed in executive session may be disclosed, except for those matters where individual privacy rights protected by statute or regulations would be violated (e.g. student records privacy rights, health/medical privacy rights, etc.).

V. COMPATIBILITY OF OFFICES

Section 2103 of the Education Law prohibits the following office holders from also holding the office of Board member:

1. District (BOCES) Superintendent

2. Treasurer

3. School Tax Collector

4. Librarian

5. Town Supervisor

6. County District Attorney 

7. Private School Board Member of a school located within the public school district

8. County Elections Commissioner

Not more than one member of a family sharing the same household will be a member of the same Board in any school district.

No District employee may be a member of such Board.

VI. GIFTS

No Board member, officer or employee will directly or indirectly solicit any gift or accept or receive any gift having a value of $75.00 or more under circumstances in which it could reasonably be inferred that the gift was intended to influence them, or could reasonably be expected to influence them in the performance of their official duties or was intended as a reward for any official action on their part. If a Board member, officer or employee receives any gift having a value of $75.00 or more, such gift will be returned.

VII. VOIDING OF CONTRACTS

Contracts willfully entered into in violation of Article 18 of the General Municipal Law regarding conflicts of interest are deemed void.

VIII. VIOLATIONS AND CONSEQUENCES

Basis for Removal

A Board member may be removed from office for violating their oath of office and/or neglecting their duty.

The willful violation of Article 18 of the General Municipal Law is a misdemeanor and may also result in the Board member’s removal from office.

A Board member may be removed from office upon the grounds of official misconduct for attempting to take official action on behalf of the Board when such action is not authorized by statute, regulation, or decisional law.

Pursuant to §2109 of the Education Law, a Board member who refuses or neglects to attend three successive board meetings of which the member was duly notified, without offering a good and valid excuse to the other members, may be removed from office. The vacating of office must be formalized by a Board resolution declaring the same vacated.

If a Board member discloses to any other party any confidential information acquired by them in the course of their official duties, including confidential matters, executive session restricted information as described in Point IV above, or such information as presented in the executive content of Board meeting materials, or uses such information to further their personal interests,  the Board may initiate a removal hearing upon the grounds of official misconduct or file a petition to the Commissioner of Education to have the member removed from office.

Board members will be entitled to present questions regarding the confidential nature of information, in light of this policy to the District’s attorneys, for a written opinion that will be made available to all members of the Board. Such opinion must be solicited through the Board President or in their absence through the Board Vice President.

The willful receipt and retention of a gift having a value of $75.00 or more may result in removal from the Board.

A Board member may be removed for slapping, punching, and/or assaulting another Board member during a Board meeting for official misconduct.

A Board member’s seat automatically becomes vacant for failing to file the signed oath of office card with the Board Clerk within thirty days after the commencement of the term of office, or within thirty days of notice of appointment to an appointive office.

A Board member may be removed for failure to complete the minimum six hours of fiscal training and/or six hours of governance training within the first year of their term and file the certificates of completion with the District Clerk.

A person removed from a District office will be ineligible to appointment or election to any District office for a period of one year from the date of removal.

Board Member Removal Process

In accordance with Education Law §1709(18), whenever a Board member has been found guilty of any official misconduct following a hearing before the Board, the member may be subject to removal by Board resolution. The hearing before the Board will be conducted by a legally trained hearing officer who will assist in the preparation of findings of fact and conclusions of law. Any Board member subject to removal proceedings will be entitled to a type-written transcript at no cost. In the event of a Board determination to remove a member from the Board, there is a right to appeal to the Commissioner of Education.

In accordance with §306 and/or §1706 of the Education Law, the Board may petition the Commissioner of Education for the removal of a Board member guilty of any willful violation or neglect of duty of the Education Law or any other act pertaining to school districts and/or willful

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1 I do solemnly affirm and declare that I will support the Constitution of the United States of America and the Constitution of the State of New York, that I will faithfully discharge the duties of the office of board of education member according to the best of my ability. 

disobedience of any lawful requirement of the Commissioner of Education, or a want of due diligence in obeying such requirement.  

In accordance with §1709(18), a Board of Education or, upon petition, the Commissioner of Education may remove a member, however, neither has the authority to censure or reprimand a member.

Discipline of Other Officers and Employees

An officer, other than a Board member, or an employee may be subject to disciplinary action, including reprimand, fine, suspension, or termination of employment, in accordance with due process of law, if applicable, for violating this policy.

IX. DISTRIBUTION, FILING AND POSTING REQUIREMENT

The Superintendent will provide access to this Code of Ethics to every Board member, officer. and employee in the District. 

In accordance with §807, General Municipal Law, the Superintendent must ensure that a copy of Article 18, General Municipal Law is posted in each public building in a conspicuous place.

Adoption date:  December 15, 2008

Amended date: September 11, 2017

Amended date: May 12, 2025