Board Policies

BYLAWS

CODE OF ETHICS

FOIL POLICY

 
BOARD OF TRUSTEES BYLAWS

ARTICLE I- NAME

The name of this organization shall be Truxton Academy Charter School (hereafter, “TACS”).

ARTICLE II-PURPOSE

The Truxton Academy Charter School shall be a not-for-profit educational entity, subject to the laws of the State of New York, for the general purpose of operating a public charter school as approved by the New York State Board of Regents.

 

ARTICLE III-BOARD OF TRUSTEES

SECTION 1:  Duties and Responsibilities

The Board of Trustees (hereafter, “the Board”) shall be the governing body of TACS, and, as such, shall be responsible for all decisions concerning the acquisition, sale, purchase, and use of TACS assets; establishment and supervision of compliance with all TACS policies, regulations, rules, the retention, supervision, evaluation, and all other employment decisions concerning the Principal of TACS; approval of all contracts of employment, including pay and fringe benefits provided thereunder; approval of all personnel decisions involving the termination of employment, demotion, transfer, or promotion of TACS personnel, oversight and supervision of all facets of the operations of TACS, including approval and supervision of its curriculum, education programs, and all related matters; and to carry out all other duties that are necessary and appropriate to the governance and management of TACS or may be prescribed by these bylaws, or which may otherwise be required by law.  Such duties shall include the following:

1. Exist as a governing board and perform all duties appurtenant thereto, including overseeing and directing the organization and administration of the education program, curriculum, policies, and operations of the Truxton Academy Charter School consistent with the provisions of the charter granted by the New York State Board of Regents on October 18, 2018 and the charter agreement between the Truxton Academy Charter School and the New York State Board of Regents, dated January 2, 2019.

2. Ensure that the administrators and faculty of the Truxton Academy Charter School offer an exceptional, relevant and rigorous curriculum to the enrolled students.

3. Oversee the development and, to the extent necessary, implementation of a fair and unbiased lottery system, that is compliant with Education Law 2854 (2)(b) and providing a preference to applicants residing within the Homer School District.

4. To direct and supervise its administrators and employees relative to the applications for grants and other funding for the sole benefit of the TACS educational programs, facilities and related operations.

5. To ensure that Truxton Academy Charter School admits students of any race, color, national origin, ethnic origin, gender, sexual orientation, and disability, to all the rights, privileges, programs, and activities generally accorded or made available to students at the school.  It does not discriminate on the basis of race, color, national origin, ethnic origin, gender, sexual orientation, and disability, in administration of its educational policies, admission policies, scholarship and loan programs, and athletic and other school-administered programs.

 

SECTION 2:  Number, Election, and Terms of Office

1. The Board which initially came together through a shared vision and purpose shall consist of not less than six or more than nine members.A majority of those trustees must live in the Homer School District.At least two members of the Board should have children presently attending or have previously attended TACS in the past five years.The Board may be increased or decreased in size only within the stated limits.No position of the Board shall be dropped until the expiration of its three-year term.

2. Three Board members will be elected or reelected by the Board at its annual meeting.A slate of nominees for board membership shall be offered from the floor when an opening is available. Term of office shall be three years in terms to be staggered so that, as nearly as possible, one-third of the member terms expire with the conclusion of the annual meeting. Board members may be re-elected.

3. An elected member of the Board may lose his/her position on the Board upon majority vote of the remaining Board, if she/he is absent without excuse from three consecutive Board meetings.The secretary shall provide the absent Board member in writing a warning of the Board’s possible action with a response requested in a timely manner before a final vote is taken.

4. Vacancies may be filled by a majority vote of the Board at any duly called meeting of the Board, for the balance of the unexpired term.

5. No Board member may be concurrently employed by TACS or receive fees for services rendered to TACS.

 

SECTION 3: Meetings

1. Regular Meetings.  Meetings of the Board shall be held on the second Monday of each month.  Notification of any change of Board meetings must be given to all members in a manner agreed on by the Board.

2. Special Meetings.  Special meetings of the Board may be called by the President, or in the absence or incapacity of the President, by the Vice-President, or by written request of any members of the Board.

3. Annual Meeting.  The annual meeting of the Board shall be held during the February regular monthly meeting of each calendar year.

4. Monthly TACS Board meetings shall be open to TACS staff and the public who may participate in discussion but may not vote.

 

SECTION 4: Quorum

One-half plus one of the trustees shall constitute a quorum at all meetings of the Board.  All actions shall be by simple majority vote of members present and voting.

 

ARTICLE IV- OFFICERS

SECTION 1: Number, Election and Terms of Office   

1. The Board of Trustees shall annually elect a President, Vice-President, and Treasurer from the members of the Board.At least two of these positions be filled by a resident of the Town of Truxton.Election of officers shall take place at the first regular Board meeting following the annual meeting.

2. Officers shall serve a term of one year and can be re-elected.Vacancies may be filled at any duly called Board meeting, for the balance of the unexpired term.

3. The recording secretary shall be appointed by a majority of the Board at the annual meeting and can be re-appointed.

 

SECTION 2: Duties

1. The President shall preside at all meetings of the Board and shall be responsible for its efficient operation.  The President shall appoint all chairpersons of standing and special committees.

2. The Vice-President shall be the contact person regarding electronic communication with the Board and have such powers and responsibilities as are designated from time to time by the Board or by the President including the option to conduct on-line Board voting when needed. The Vice-President shall preside at meetings in the absence of the President and shall carry out such other duties of the President as shall be required.

3. Recording Secretary:

The Recording Secretary shall be responsible for the records of the proceedings of the Board and of the Executive Committee.

The Recording Secretary shall be responsible for recording minutes of Board meetings.

The Recording Secretary shall keep an on-going and accurate record of Board meeting attendance and shall report to the Board when a member has failed to meet attendance requirements.

The Recording Secretary shall be responsible for maintaining necessary organizational records and all official Board correspondence.In the absence of the Recording Secretary, the presiding officer may appoint a temporary secretary.

The Recording Secretary shall also perform such other duties as may be designated from time to time by the Board or the President.

4. Treasurer:

The Treasurer shall be a full member of the Board of Trustees and be one of two signatures required for any bank account opened for the sole use of TACS and function as a liaison with our partner corporation, Truxton Alumni and Community Supporters, Inc.

The Treasurer shall be responsible for accepting, recording and depositing all financial contributions and payments to TACS and monitor the disbursement of those funds; shall make sure that all funds are properly collected, accounted for and deposited, that all bills are properly verified and paid, and that all receipts and disbursements are recorded pursuant to standard accounting procedure.

The Treasurer shall also render regular financial statements or reports of the income and expenses of TACS to the Board during its regular meetings and to other agencies as are or may be prescribed by law.

The Treasurer will be a standing member of the Finance Committee in order to assist and support their activities and responsibilities.

The Treasurer will be a standing member of the School Fiscal Planning Team.

 

SECTION 3: Vacancies

Whenever a vacancy shall occur in the office of President, Vice-President, Secretary, or Treasurer, such vacancy shall be filled by majority vote during any duly called meeting of the Board, and the person(s) so designated shall serve for the remainder of the unexpired term.

 

ARTICLE V- COMMITTEES

SECTION 1: Standing Committees

Committees, as described and approved by the Board, have the responsibility of notifying the Board of their meetings and  providing a written summary of meeting attendance, topics discussed and action taken.  The Recording Secretary will maintain these reports and share when needed.

1. Executive Committee - Executive Committee shall consist of the President, Vice President, Recording Secretary, Treasurer and one additional parent member of the Board or Applicant Support Group, appointed by the President.  At least two of these positions must be held by Town of Truxton residents.  A quorum of the Executive Committee shall consist of three members of the Committee.  Decisions shall be made by majority vote of those present and voting.  The Executive Committee shall be responsible for long-range planning for TACS and shall make recommendations to the Board in this regard.  The Executive Committee shall be empowered to act on behalf of the Board in such matters as are deemed appropriate by the board, subject to ratification at the next regularly scheduled Board meeting.

2. Curriculum Committee- Chairman will be a member of and appointed by the Board of Trustees.  Members will include two teachers, either active or retired, one school administrator, one parent, and one representative of local agri-business.  Responsibilities include informing and assessing the effectiveness and future needs as regards implementation and integration of TACS curriculum and assessment standards as well as fulfilling the Mission statement of TACS.  These members may be solicited or volunteer and will be approved by the TACS Board.

3. Chairman will be an active member of the Applicant Support Group and appointed by the Board of Trustees. The members will include one local business owner, one parent and a certified public accountant chosen by the Board.  The responsibilities include, but are not limited to, creating and publishing an Operational Budget for TACS, consulting with accountants on spending options and legal restrictions, if any, in terms of satisfying the laws of New York State and accepted spending guidelines of the NYS Dept. of Ed.

4. Audit - The board may designate an Audit Committee, which committee shall consist entirely of independent members.  Each member of the Board shall, upon initial appointment and annually thereafter, provide to the President of the Board a completed independence questionnaire in the form attached to the Corporation’s Ethics Policy.  The President shall determine the independence of each Member based on such member’s responses to the questionnaire.

          This committee shall undertake the following duties:

a)  The Audit Committee shall annually retain or renew the retention of the independent auditor to conduct the audit of the Corporation’s financial statements, and upon the completion thereof, review the results of the audit and any related management letter with such independent auditor.  In furtherance of the responsibilities described in this Section 3(a) of the Article, the Audit Committee shall:

Review with the independent auditor the scope and planning of the audit, prior to commencement of the audit;

Upon completion of the audit, review and discuss with the independent auditor (i) any material risks or weaknesses in internal controls identified by the auditor, (ii) any restrictions on the scope of the auditor’s activities or access to requested information; (iii) any significant disagreements between the auditor and management, and (iv) the adequacy of the Corporation’s accounting and financial reporting process; and

Annually consider the performance and independence of the independent auditor; and

b)  The Audit Committee shall maintain, monitor and administer the Conflict of Interest Policy in the Code of Ethics following the Whistleblower Policy (if any) of the Corporation.  In the event that the Board of Trustees does not establish an Audit Committee, or the Audit Committee is otherwise inactive, the duties of the Audit Committee shall be undertaken by the Board of Directors, excluding only those directors who are not independent.

5. Public Relations/Marketing- Chairman will be an active member of the Applicant Support Group and appointed by the Board. Members will include local residents and business leaders as needed to fulfill the responsibilities of the Committee.  The responsibilities shall include, but are not limited to, planning for and providing information about TACS to the public and encouraging interaction and support of the school’s mission and program.  The chairman will also supervise all internet pages sponsored by TACS and consult with the Board on appropriate information to be shared electronically.  The chairman may also designate a specific individual to regularly monitor and respond to inquiries and comments received on these internet pages with approval of the Board.

6. Building and Outbuildings- Chairman will be a member of the Applicant Support Group and appointed by the Board of Trustee.   Members will include local residents and business leaders that are familiar with building codes, construction techniques, the bidding process and maintenance of the school building and present and proposed outbuildings. This committee will support school maintenance and custodial employees, bringing concerns and proposed changes to the Board for review and approval.

7. Chairman will be a member of the Applicant Support Group and appointed by the Board of Trustees.  Members will include local residents and business leaders as needed to fulfill the responsibilities of this committee.  Such responsibilities include but are not limited to actively organizing events for the purpose of raising funds. These funds will be used to provide educational benefits and enrichment opportunities for the students of TACS.  All events will be approved by the TACS Board.

 

SECTION 2: Special Committees

The President of the Board shall have the power to create and appoint such special committees as the business of TACS may require from time to time, and the duties and responsibilities thereof.

 

ARTICLE VI- FISCAL YEAR

           The fiscal year of the TACS shall be July 1 through June 30.

 

ARTICLE VII- DISSOLUTION

Upon dissolution of the corporation, its assets shall be distributed according to provision described in the Truxton Academy Charter School state charter requirements.

 

ARTICLE VIII- PARLIAMENTARY AUTHORITY

Robert’s Rules of Order Revised shall govern the proceedings of the Truxton Academy Charter School, except as otherwise provided by Board Bylaws.

 

ARTICLE IX- AMENDMENTS

These by-laws may be altered, amended, added to, or repealed by a two-thirds vote of the Board at any duly called meeting of the Board.

Code of Ethics

 

I.          Purpose 

The Board of Trustees of Truxton Academy Charter School and the Applicant Group hold their positions to serve and benefit the school community, and not for obtaining personal or private gain in the exercise of their official powers and duties. Thus, Truxton Academy Charter School recognizes that sound, ethical standards of conduct serve to increase the effectiveness of school board trustees and their staff as educational leaders in their community.  Actions based on an ethical code of conduct promote public confidence and the attainment of school goals.  The Board also recognizes its obligation under the General Municipal Law, setting forth the standards of conduct required of all school trustees, officers, and employees. 

 

II.         Definitions 

  • The term “Board” means the Board of Trustees of the Truxton Academy Charter School.

  • The term “Code” means this Code of Ethics.

  • The term “School” means Truxton Academy Charter School.

  • The term “School officer, officer, employee, or staff member” means a paid or unpaid officer or staff member of the School including, but not limited to, the members of the Board of Trustees.

  • The term “gift” means anything of value, whether in the form of money, service, loan, travel, entertainment, hospitality, think or promise, or in any other form.The value of a gift is the gift’s fair market value, determined by the retail cost of the item or a comparable item.The fair market value of a ticket entitling the holder to food refreshments entertainment, or any other benefit is the face value of the ticket or the actual cost to the donor, whichever is greater.

  • The term “interest” means a direct or indirect pecuniary or material benefit accruing to an officer or employee (unless the context otherwise indicates) but does not include any benefit arising from the provision or receipt of any services generally available to the residents or taxpayers of the state of New York, or a lawful class of such residents or taxpayers.

  • The term “matter” refers to any actual or proposed contract purchase agreement, lease agreement or other agreement, including oral agreements with municipality of which he or she is an officer or employee.

  • The term “relative” means a spouse, parent, step-parent, sibling, step-sibling, sibling’s spouse, child, step-child, uncle, aunt, nephew, niece, first cousin, or household member of a School officer or employee, and individuals having any of these relationships to the spouse of the School officer or staff member. III. Applicability this Code applies to School officers and staff members. 

 

III.      Standards of Conduct 

General Conduct: An officer or employee shall conduct him or herself in accordance with the core values, mission and vision of Truxton Academy Charter School. 

Therefore, every officer and employee of the school, whether paid or unpaid, including Board Trustees and Founders, shall adhere to the following Code of Ethics. 

  • Partners

    • The Board of Trustees shall conduct or direct the affairs of the school and exercise its powers, subject to the limitations of NYS Education Law, Not-for-Profit Corporation Law, the school’s charter and its bylaws.The Board may delegate aspects of the management of the activities of the school to others, so long as the affairs of the school are managed, and its powers are exercised, under the Board’s ultimate jurisdiction.

    • No trustee, officer, individual, or employee of a corporation, limited liability company, or partnership having a business relationship with the charter school involving the provision of education management services to the charter school shall serve as a voting member of the Board.Not more than 40 percent of the people serving on the Board of Trustees of the school may be comprised of (a) people currently being compensated by the school for services rendered to it within the previous 12 months, whether as full-time or part-time employee, independent contractor or otherwise; or (b) any sister, brother, ancestor, descendant, spouse, sister-in-law, brother-in-law, son-in-law, mother-in-law, or father-in-law of any such person.

  • Gifts

    • An officer or employee shall not directly or indirectly violate §805= a (1) (a) of the General Municipal Law by soliciting of any gifts; nor shall an officer or employee accept or receive any single gift having a value of $75 or more, or gifts from the same source having a cumulative value of $75 or more, over a twelvemonth period, whether in the form of money, services, loan, travel, entertainment, hospitality, thing, or promise, or any other form, it could reasonable be inferred that gift was intended to influence him or her in the performance of his or her official duties or was intended as a reward for any official action on his or her part.

    • This section does not prohibit any other gift, including:

      • Gifts made to the School;

      • Gifts from a person with a family or personal relationship with the officer or employee when the circumstances make it clear that the personal relationship rather than the recipient’s status as a School officer or employee, is the primary motivating factor for the gift;

      • Gifts given on special occasions, such as marriage, illness, or retirement, which are modest, reasonable and customary;

      • Unsolicited advertising or promotional material of little intrinsic value, such as pens, pencils, note pads, and calendars;

      • Awards and plaques having a value of $75 or less, which are publicly presented in recognition of service as a School officer or employee, or other service to the community; or

      • Meals and refreshments provided when an officer or employee is a speaker or participant at a fob-related professional or educational conference or program and the meals and refreshments are made available to all participants.

      • The Board welcomes and encourages the writing of letters or notes expressing gratitude or appreciation to staff members.  Gifts from children that are principally sentimental in nature and of insignificant financial value may be accepted in the spirit in which they are given.

  • Confidential Information:An officer or employee shall not disclose confidential information acquired by him or her in the course of his or her official duties or use such information to further his or her own personal interest.In addition, he/she shall not disclose information regarding any matters discussed in an executive session of the Board, whether such information is deemed confidential or not.

  • Investments in Conflict with Official Duties:An officer or employee shall not invest or hold any investment directly in any financial business, commercial or other private transaction that creates a conflict with his or her official duties.Contracts with not-for-profit entities, such as charter management organizations, partners and foundling organizations must be disclosed but are not prohibited.

    • Examples of investments what will create a conflict for purposes of this Section include, but are not limited to:

      • Investments that can be reasonably expected to require more than sporadic recusal and abstention under Section VI of this Code; or

      • Investments that would otherwise impair the person’s independent judgement in the exercise or performance of his or her official powers he. And duties.

    • This section does not prohibit an officer or staff member from acquiring less than five percent (5%) of the stock of a publicly traded corporation.

  • Representation before the School

    • An officer or employee shall not receive or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before the school board.

    • Representation before the Board for a contingent fee: An officer or employee shall not receive or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before the school board, whereby the compensation is to be dependent or contingent upon any action by the school with respect to such matter, provided that this paragraph shall not prohibit the fixing at any time of fees based upon the reasonable value of the services rendered.

    • Disclosure of interest in matters before the Board:A member of the Board of Trustees and any officer of employee of the school, whether paid or unpaid, who participates in the discussion or gives official opinion to the Board on any matter before the Board shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he or she or his or her spouse has, will have, or later will acquire in such matter.This interest shall be disclosed in writing to his or her immediate supervisor and to the governing body thereof as soon as he or she has knowledge of such actual or prospective interest.F. Private employment:

a. An officer or employee shall not engage in, solicit, negotiate for or promise to accept private employment when that employment or service creates a conflict with or impairs the proper discharge of his or her official duties.  No officer or staff member may engage in, solicit, negotiate for, or promise to accept any private employment, including the rendition of any business commercial, professional, or other types of services, when the employment of service: 

-Reasonably can be expected to require more than sporadic or occasional recusal and abstention pursuant to Section VI of the Code;

-Reasonably can be expected to require disclosure or use of confidential information gained by reason of serving as an officer or staff member;

-Violates §805-a(1)or (d) of the General Municipal Law as interpreted by this Code; or

-Requires representation of a person or organization other than the School in connection with litigation negotiations, or any other matter to which the School is a party.

b. Future employment:  An officer or employee shall not, after the termination of service, or employment with the Board, appear before the Board, or any panel or committee of the Board in relation to any case, proceeding, or application in which he or she personally participated during the period of his or her service or employment or that was under his or her active consideration.  This shall not bar or prevent the timely filing by a present or former officer or employee of any claim, account, demand or suit against the district on his or her own behalf or on behalf of any member of his or her family arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law. 

  • Prohibition on Use of School Position for Personal or Private Gain

No officer or staff member shall use his or her School position or official powers and duties to secure a financial or material benefit for himself or herself, a Relative, or any private organization in which he or she is deemed to have an interest. 

  • Use of School Resources

School resources shall be used for lawful School purposes.  School resources include, but are not limited to: School personnel, money, vehicles, equipment, materials, supplies, or other property. 

  • Interest in Contracts

    • No officer or staff member may have an interest in a contract that is prohibited by §801 of the General Municipal Law.

    • Every officer and staff member shall disclose Interests in contracts with the School in the time and in the manner required by section V of this Code and as provided in General Municipal Law §803.

 

IV.          Disclosure of Interests 

  • Whenever a matter requiring the exercise of discretion comes before an officer or staff member, either individually or a as a member of the Board, and disposition of the matter could result in a direct or indirect financial or material benefit to himself or herself, a Relative, or any private organization in which she/he is deemed to have an Interest, the officer or staff member promptly disclose in writing the nature of the Interest.

Similarly, any officer who has, will have, or later acquires an Interest in any actual or proposed contract with the School shall publicly disclose the nature and extent of such Interest in writing to the Board as soon as she/he has knowledge of such actual or prospective Interest. 

  • The disclosure shall be made when the matter requiring disclosure first comes before the officer or employee, or when the officer or employee first acquires knowledge of the Interest requiring disclosure, whichever is earlier.

 

V.          Recusal and Abstention 

  • No officer or staff member may participate in any decision or take any official action with respect to any matter requiring the exercise of discretion (including, but not limited to, discussion and voting) when he or she knows or has reason to know that the action could confer a direct or indirect financial or material benefit on him or herself, a relative, or any other private organization in which he or she is deemed to have an Interest.

  • In the event that Section VI of this Code prohibits an officer or employee from exercising or performing a power or duty:

    • If the power or duty is vested in an officer as a member of the Board then the power of duty shall be exercised or performed by the other members of the Board.

    • If the power or duty is vested in an individual, then the power or duty shall be exercised or performed by his or her deputy or, if the officer does not have a deputy, the power or duty shall be performed by another person to whom the officer may lawfully delegate the function.

    • If the power or duty is vested in a staff member he or she must refer the matter to the School leader who shall designate another person to exercise or perform the power or duty.

VI.        Disclosure, Recusal, and Abstention Not Required 

  • This code’s prohibition on the use of a School position, disclosure requirement and requirements relating to recusal and abstention shall not apply with respect to the following:

a. Any matter requiring the exercise of discretion that directly affects any of the following groups of people or a lawful class or such groups: 

  • All School officers or staff members;

  • All residents or taxpayers of the School or an area of the School; or

  • The general public; or

b. Any matter that does not require the exercise of discretion.

  • Recusal and Abstention shall not be required with respect to:

    • Any matter which comes before the Board when a majority of the total membership would otherwise be prohibited from acting by Section VI of this Code; or 

  • Any matter which comes before a School officer when the officer would be prohibited from acting by Section VI of the Code and the matter cannot be lawfully delegated to another person.

  • Adoption of the School’s annual budget.

VII.       Personal Representations and Claims Permitted 

This Code shall not be construed as prohibiting a School officer or staff member from: 

  • Representing himself or herself, or his or her spouse or minor children before the School; or

  • Asserting a claim against the School on his or her own behalf or on behalf of his or her spouse or minor children.

VIII.       Posting and Distribution of Code of Ethics

The Board President shall cause a copy of this Code of Ethics to be distributed annually to every officer and employee of the school.  Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his or her office or employment. 

  • The School Leader must post a copy of this Code and copy of any amendment to this Code conspicuously in the School building.The Code and any amendment must be posted within ten (10) days following the date on which the code or amendment as applicable, takes effect.

  • The School Leader at the directive to the Board President must distribute a copy of this Code, including any amendments to the Code, to each person who is or becomes a School officer or staff member.

  • Every School officer or staff member who receives a copy of this Code or an amendment to the Code must acknowledge such receipt in writing in the form attached hereto.Such acknowledgments must be filed with the School which must maintain such acknowledgements as a public record.

  • The failure to post this Code or an amendment to the Code does not affect either the applicability or enforceability of the Code or any amendment.The failure or a School officer or staff member to receive a copy of this Code or any amendment to this Code, or to acknowledge receipt thereof in writing, does not affect either the applicability or enforceability of the Code or amendment to the Code.

       

IX.         Filing Requirement 

Within thirty (30) days of the Board’s adoption of the Code or any amendment, the School shall file a copy of this Code or amendment, as applicable, with the Office of the State Comptroller. 

       

X.          Enforcement and Penalties 

In addition to any penalty contained in any other provision of law, any School officer or staff member who shall knowingly and intentionally violate any of the provision of the Board’s Code of Ethics may be censured, fined suspended or removed from office or employment, as the case may be, in the manner provided by law. 

FREEDOM OF INFORMATION ACT NOTICE

The Freedom of Information Act (FOIL) gives the public the right to view and/or obtain certain government records. Truxton Academy Charter School has adopted regulations governing when, where, and how you can see public records. The regulations are posted on the School’s website. According to these regulations, records can be seen and copied at Truxton Academy Charter School by contacting the Records Management and Access Officer who will assist you exercising your right to access.

The Records Management and Access Officer is Leaf Carmer, leaf.carmer@truxtonacademy.org. If you are denied access to a record, you may appeal to the Board of Trustees by contacting the Board President, Cindy Denkenberger at cindy.denkenberger@truxtonacdemy.org.

 

 

Freedom of Information Law

It is the policy of the Truxton Academy Charter School to inform members of the public about the administration and operation of the school in accordance with the Freedom of Information Law of the State of New York. These regulations are promulgated to ensure compliance with the Freedom of Information Law and govern the procedures to be followed to obtain access to  school records. The Board of Trustees shall designate a Records Management and Access Officer, pursuant to law. Truxton Academy hereby adopts as policy the Records Retention and Disposition Schedules as promulgated by the Commissioner of Education, setting forth the minimum length of time school records must be retained.

 

Records Regulations

The following comprises the rules and regulations relating to the inspection and copying of Truxton Academy records:

I.  Designation of Personnel

The Board of Trustees hereby designates the Records Management and Access Officer as responsible for ensuring appropriate agency response to public requests for access to records. The Records Management and Access Officer shall assure that personnel:

  • Maintain a current list by subject matter of all records in possession of Truxton Academy whether or not available for public inspection and copying;

  • Assist the requester in identifying requested records, if necessary;

  • Upon locating the records, take one of the following actions:

    1. Make records promptly available for inspection; or

    2. Deny access to the records in whole or in part and explain in writing the reason(s) therefore.

  • Upon requests for copies of records:

    1. Make copy available upon payment or offer to pay established fees, if any; or

    2. Permit the requester to copy those records.

  • Upon request, certify that a transcript is a true copy of records copied.

  • Upon failure to locate records, certify that:

    1. Truxton Academy is not the legal custodian for such records, or

    2. The records, of which Truxton Academy is the legal custodian, after diligent cannot be found.

 

II.  Listing of Records

  • A record is defined as any information kept, held, filed, produced or reproduced by, with or for the Board in any physical form whatsoever, including but not limited to reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, tapes or disks, rules, regulations or codes.

  • No record for which there is a pending request for access may be destroyed. However, nothing in these regulations shall require the Board to prepare any record not possessed or maintained by it.

 

III.  Access to Records

Requests to inspect or secure copies of Truxton Academy records may be made to the Records Management and Access Officer at any time.

 

IV.  Records Exempt from Public Access

The provisions of this regulation relating to information available for public inspection and copying shall not apply to records that:

  • are specifically exempted from disclosure by state and/or federal statute;

  • if disclosed would constitute an unwarranted invasion of personal privacy;

  • if disclosed would impair present or imminent contract awards or collective bargaining negotiations;

  • are confidentially disclosed to the Board and compiled and maintained for the regulation of commercial enterprise, including trade secrets, or for the grant or review of a license;

  • are compiled for law enforcement purposes and which, if disclosed, would:

    1. interfere with law enforcement investigations or judicial proceedings;

    2. deprive a person of a right to a fair trial or impartial adjudication;

    3. identify a confidential source or disclose confidential techniques or procedures, except routine techniques or procedures; or

    4. reveal criminal investigative techniques or procedures, except routine techniques and procedures;

    5. if disclosed would endanger the life or safety of any person;

    6. are interagency or intra-agency communications, except to the extent that such materials consist of:

    7. statistical or factual tabulations or data;

    8. instructions to staff which affect the public;

    9. final Board policy determinations; or

    10. external audits, including but not limited to audits performed by the comptroller and the federal government;

    11. are examination questions or answers that are requested prior to the final administration of such questions;

    12. are computer access codes.

 

V.  Prevention of Unwarranted Invasion of Privacy

The Records Management and Access Officer may redact identifying details when making records available, in order to prevent an unwarranted invasion of personal privacy. An unwarranted invasion of personal privacy includes, but shall not be limited to:

  • Disclosure of such personal matters as may have been reported in confidence to which are not relevant or essential to the ordinary work of Truxton Academy;

  • Disclosure of employment, medical or credit histories or personal references of applicants for employment, except such records may be disclosed when the applicant has provided a written release permitting such disclosure;

  • Disclosure of items involving the medical or personal records of a client or patient in hospital or medical facility;

  • The sale or release of lists of names and addresses in the possession of the Truxton Academy such list would be used for private, commercial or fund-raising purposes;

  • Disclosure of items of a personal nature when disclosure would result in economic or personal hardship to the subject party and such records are not relevant or essential to the ordinary work of Truxton Academy. Unless otherwise deniable, disclosure shall not be construed to constitute an unwarranted invasion of privacy when identifying details are deleted, when the person to whom records pertain consents in writing to disclosure, or when upon representing reasonable proof of identity, a person seeks access to records pertaining to him or her.

 

VI.  Fees

  • The fee for copying records shall be the reasonable amount of money it would take make copies but no more than 40 cents per page for black and white photocopies not exceeding 8-1/2" by 14"

  • The fee for copies of appropriate records shall not exceed the actual copy cost which the average unit cost for copying a record.

  • Truxton Academy may waive the fee for copies at the discretion of the Records Management Access Officer’s discretion.

  • No fee shall be charged for the following:

    1. inspection of records; or

    2. search for records; or

    3. and any certification pursuant to these regulations.

 

VII.  Procedures

  • The following procedures shall be followed in connection with a request to inspect secure copies of OnTECG records:

  • Requests to inspect or secure copies of records shall be in writing.

  • A request for access to records should be sufficiently detailed to identify the records. Where possible, the requester should supply information regarding dates, titles, file designations or other information which may help identify the records. However, a request for any or all records falling within a specific category conforms to the that records be identifiable.

  • The Records Management and Access Officer will determine and respond to the request no more than five (5) business days after receipt of the request. If the request cannot be fulfilled within five (5) business days, the Records Management and Access Officer acknowledge receipt of the request; state the reason for delay and estimate the date when a reply will be made.

  • If the records are determined to be available, the Records Management and Access Officer will direct the requester to the place where the requested records may be inspected and will arrange for the preparation and certification of copies upon tender the required fee, if any.

  • If the records are determined not to be available, the Records Management and Officer will note the reason for unavailability and return one copy of the form to the requester. The requester shall be advised of his/her right to appeal said denial.

  • No record may be removed from such location without the permission of the appropriate Truxton Academy Officer. Records may be inspected only in the main office of the Truxton Academy or such other place as may be designated by the Records Management and Access Officer. A member of the Truxton Academy staff must be present throughout the inspection and copying of such records.

  • If requested records are not provided promptly, as required in of these regulations, failure shall be deemed a denial of access.

 

VIII.  Appeals

  • The Board President, or his/her designee shall hear appeals for denial of access to under the Freedom of Information Act.

  • An applicant denied access to a public record may, within 30 days after the denial, file appeal by delivering a written appeal to the Board President identifying:

    1. the date of the appeal;

    2. the date and location of the requests for records

    3. the records to which the requester was denied access;

    4. whether the denial of access was in writing or was by failure to provide promptly as required by these regulations; and

    5. the name and return address of the requester.

    6. The Board President shall inform the requester and the New York State Committee on Open Government of his/her decision in writing within seven (7) business days of of an appeal. Photocopies of all appeals and determinations shall be transmitted to the Committee on Open Government.

    7. An individual whose final appeal is denied may initiate a court review of this determination, as provided for in Article 78 of the Civil Practice Law and

 

IX.  Public Notice:

Notice containing the job title or name and business address of the Records Management and Access Officer; the name, job title, business address and telephone number of the appeal person or persons; and the location where records can be seen or copies made available, shall be posted in a conspicuous location wherever records are kept and on the school website.

 

X.  Severability:

If any provision of these regulations or the application thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of these regulations or their application to other persons or circumstances.

 

XI.  Listing of Records:

Pursuant to Section 87(3) (c) of the Public Officers Law, the current records retention schedule for Truxton Academy, published by the Commissioner of Education, shall serve as the list by subject matter of all records in the possession of the Truxton Academy, whether or not available under the law.

BYLAWS

CODE OF ETHICS

FOIL POLICY

 
 
 
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Email: info@truxtonacademy.org

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Truxton Academy Charter School

6337 Academy Street

Truxton, NY 13158