Documents › Board of Education, 2026-01-08

document 4 pages

Also attached to this agenda item: Policy 1130--Media Relations FOR SECOND READING 1-8-26 Policy 1130-E--Withholding of Consent for Student to...

9645 DISCLOSURE OF WRONGFUL CONDUCT The members of the Board of Education expect officers and employees employed by the district to fulfill the public’s trust and to conduct themselves in an ethical manner, abiding by all district policies and regulations and by all applicable state and federal laws and regulations. In the event that such district officers and employees know or have reasonable cause to believe that serious instances of financial impropriety or wrongful conduct have occurred, including mismanagement of district resources, unethical behavior, violations of law or regulation, and/or abuse of authority, they should report such wrongful conduct to the Superintendent of Schools or the Board of Education. Alternatively, or in addition, such district officers and employees may report their concerns directly to a governmental agency or entity. For purposes of this policy, the term “wrongful conduct” includes, but is not limited to: • theft or misuse of district money, property, or resources; • misuse of authority for personal gain or other non-district purpose; • fraud; • conflicts of interest or abuse by district officers or employees relating to their office or employment; • actions that present a substantial or specific danger to public health or safety; • 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; • retaliation against any individual for reporting suspected wrongdoing • suppression, concealment, alteration, or destruction of records related to a report; • interference with or obstruction of an investigation. The term “employee” means any person holding a position by appointment or employment in the service of the district Internal Reporting and Investigation Employees and officers covered by this policy who know or have reasonable cause to believe that wrongful conduct has occurred or is occurring are encouraged to report such conduct to the Superintendent or the Board of Education, including those instances in which the allegation involves the Superintendent. Building Principals or other supervisory personnel may also receive such reports, and upon receiving such report, will notify the Superintendent unless the Superintendent is a subject of such report in which case the notification must be made to the President of the Board of Education or designee. If the Superintendent receives a report of alleged wrongful conduct, notification of the report will be provided to the Board of Education. If the Board of Education receives such a report, the President of the Board of Education must Deleted: its Deleted: honorable Deleted: shall be defined to include Deleted: Disclosure Deleted: or consultants Deleted: shall report such mismanagement, fraud or abuse inform the Superintendent unless the Superintendent is a subject of such report. If the person reporting the suspected wrongful conduct is not comfortable making such a report to any of the individuals identified in the previous sentences, the report of suspected wrongful conduct may be made to the external auditor or the internal auditor engaged by the district, who will inform the President of the Board of the report. Upon receiving a report of alleged wrongful conduct, the Board, Superintendent or a designee will take immediate action to commence an investigation. Staff members who suspect that a violation of state testing procedures has occurred will report their concerns to the State Education Department (SED) in the manner prescribed by the Commissioner of Education. Employees are also encouraged to report such concerns about state testing procedures to the Superintendent or the President of the Board of Education. Any Building Principal receiving such a report must inform the Superintendent, or directly to the Board, if the Superintendent is a subject of the report. The Board or Superintendent or designee must maintain a written record of the allegation and the results of any investigation. The Board or Superintendent or designee may refer any matter to any appropriate agency or entity (e.g., auditors, forensic auditors, police, the State Comptroller, the State Education Department, etc.) to investigate the suspected wrongful conduct, and the Superintendent or designee will notify the Board when appropriate to do so. Except as otherwise provided in either state and/or federal law, the Board-designated officer will make all reasonable attempts to protect the identity of the complainant 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 will not take adverse employment action against an employee who has, in good faith, notified the district and/or a governmental body of wrongdoing, including but not limited to instances where an employee has reported misconduct when mandated to do so by federal or state law or regulation (e.g., child abuse, state testing misconduct). “Whistleblower” Protections An employee or officer who provides disclosures of wrongful conduct will have “whistleblower protection” against retaliation in the nature of adverse action affecting compensation, appointment, promotion, transfer, assignment, reassignment or evaluation of performance. Any individual who knowingly makes false accusations against another individual as to allegations of financial improprieties, fraud or other improper conduct may also face appropriate disciplinary action. Nothing in this policy is intended to interfere with or limit the district from making and implementing legitimate employment decisions with respect to any individual. Complaints of Reprisal Deleted: district shall Deleted: prompt steps Deleted: conduct Deleted: shall Deleted: Building Principal, Deleted: , Deleted: State Education Department Deleted: shall Deleted: other Deleted: (e.g., School Attorney, Independent Auditor, etc.) shall Deleted: , conduct an investigation to ensure that the appropriate unit… Deleted: the Deleted: investigates the disclosure Deleted: Pursuant to section 75-b of the Civil Service Law, an Deleted: that presents a substantial and specific danger to the public health or safety or which he or she reasonably believes to be true and improper on the part of the Board or the district shall … Deleted: ¶ Before reporting any such information to another government agency, and in order to obtain the protections of Section 75-b of the Civil Service Law, an employee must make a good faith effort to provide the Superintendent or, where the allegations involve the Superintendent, the Board of Education, with the information to be disclosed. The “Whistleblower protection” shall extend to retaliation consisting of adverse personnel action affecting an employee’s compensation, appointment, promotion, transfer, assignment, reassignment or evaluation of performance. Nothing in this policy is intended to interfere with legitimate employment decisions.¶ ¶ ¶ Pursuant to section 3028-d of the Education Law, an employee who has reasonable cause to suspect that the fiscal practices or actions of an officer or employee of the district violates any local, state, or federal law, rule or regulation relating to the financial practices of the district, and who, in good faith, reports such information to a district official, Office of the State Comptroller, ¶ Commissioner of Education or law enforcement authorities shall have immunity from any civil ¶ liability that may arise from the making of such report. Further, no district employee or officer may take, request, or cause a retaliatory action against any employee who makes such a report.¶ ¶ ¶ Any employee or officer who is concerned that retaliation for providing information regarding wrongful conduct has occurred or is occurring should report this to the Superintendent or the Board of Education.¶ Employees who believe they have been subject to an adverse employment action based on a prior disclosure of alleged or actual wrongful conduct may contest the action by filing a written complaint of reprisal with the Superintendent or designee, or if the Superintendent is the subject of the complaint, the Board President or designee. The recipient of such complaint of reprisal will forward the complaint to the school attorney, who will review the complaint expeditiously to make a preliminary determination as to: • 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 all of the above elements are present, the Superintendent or designee, or Board President or designee in consultation with the school attorney if the Superintendent is the subject of the report or allegation, will investigate the claim and make a recommendation to the Board. The Superintendent or designee will inform the complainant and the respondent, in writing, of: • the intent to proceed with an investigation; • the specific allegations to be investigated; and • the opportunity of each party to support or respond, in writing, to the allegation. Once the Superintendent or designee, or Board President or designee in consultation with the school attorney if the Superintendent is the subject of the report or allegation, has conducted a review and considers the investigation to be complete, the Board will be notified of its completion. The Superintendent or designee, or Board President or designee, will endeavor to complete its review of the complaint of reprisal within thirty (30) days of the date of the notice and to report the findings and make any recommendations to the Board deemed appropriate. Such recommendations will be reviewed by the Board, which will issue a letter of findings and conclusions to the complainant and to the person or persons against whom a complaint has been made. Dissemination and Review This policy will 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. Ref: Civil Service Law §75-b Education Law §3028-d 8 NYCRR §§102.3, 102.4 Matter of Brey v. Bd. of Educ., 245 A.D. 2d 613 (3rd Dept. 1997) Deleted: shall Deleted: ¶ Labor Law §740 Deleted: ¶ Garrity v. University at Albany, 301 A.D. 2d 1015 (3rd Dept. 2003) Adoption date: July 13, 2009 Revised: May 8, 2014 ______________ FOR SECOND READING 1-8-26 [REVISIONS SHOWN IN TRACK CHANGES]