I find opportunity to compare these two quirky television programs with myself and D#11 policy; a compulsively-obsessed puzzler, trying to make sense of a jumble of letters swimming in a bowl of alphabet soup.
The District has each policy, procedure and guideline contained in its own, separate .PDF file or HTML webpage - which makes it necessary to individually download them. Further, the peculiar naming convention in use can quickly lead to confusion. I don’t want to say it is purposeful and by design…but the painstaking and time-consuming steps one must take in order to be able to conduct an effective search and cross-reference of D#11 policy are, verily, daunting; unless it was your job to do so, I imagine only the most doggedly determined and/or obsessively-compulsive would ever hope of slogging through.
It's a blessing...and a curse.
Sometimes, people will look you in the eye and insist that all is well, and protest that there’s really nothing wrong: “Pay no attention to that man behind the curtain,” comes the caution; but, how can you not pay attention, unless you’re purposely turning away?
And I cannot turn from it, much though I have tried.
It is one thing to rearrange a mishmash of letters and words to tell a story; another to turn fiction into fact; and still another to turn fact into fiction. Are we being asked to adjust our community understanding of the definition of “ethics” and what constitutes a “conflict of interest?”
I have been doing the backstroke in a miasma of District #11 alphabet soup ever since they announced the closure of eight neighborhood schools eight months ago; I thought it would be helpful to supplement what we think we know with what was contained in the pertinent District policies that were in effect when Jan Tanner was appointed treasurer to the Board of Educators in 2004.
I apologize in advance for the length and unwieldiness of this post - I worked on it so long and hard, and it still wouldn't format the way I'd hoped.
But whatever: wordsmiths, parsers, and those inclined to diagram sentences: Soup’s On.
BC
BCA
BCA/BCB
BDA
BDB
BDC
BIA
BID/BIE
DAB
DG
DGA-DGB
DI
DIC
DJ
POLICY BC
SCHOOL BOARD OF EDUCATION MEMBER CONDUCT
Public office is a trust created by the confidence, which the public places in the integrity of its public officers. To preserve this confidence, it is the desire of the Board of Education to operate under the highest ethical standards.
In carrying out his/her fiduciary duties, a Board of Education member shall not:
1. Disclose or use confidential information acquired in the course of his/her official duties to further substantially his/her personal and/or financial interests.
2. Accept a gift of substantial value or substantial economic benefit tantamount to a gift of substantial value which would tend to improperly influence a reasonable person in his/her position or which he/she knows or should know is primarily for the purpose of rewarding him/her for official action taken.
3. Engage in a substantial financial transaction for his/her private business purposes with a person whom he/she supervises in the course of his/her official duties.
The phrase "economic benefit tantamount to a gift of substantial value" includes a loan at a rate of interest substantially lower than the prevailing commercial rate and compensation received for private services rendered at a rate substantially exceeding the fair market value.
It is permissible for a Board of Education member to receive:
1. Campaign contributions and contributions in kind which are reported in accordance with state law.
2. An occasional non-pecuniary gift, which is insignificant in value.
3. A non-pecuniary award publicly presented by a nonprofit organization in recognition of public service.
4. Payment or reimbursement for actual and necessary expenditures for travel and subsistence for attendance at a convention or other meeting at which he/she is scheduled to participate.
5. Reimbursement for or acceptance of an opportunity to participate in a social function meeting, which is not extraordinary when, viewed in light of his/her position.
6. Items of perishable or nonpermanent value including but not limited to meals, lodging, travel expenses or tickets to sporting, recreational, educational or cultural events. Tickets to these events may have to be reported in accordance with the public official disclosure law.
7. Payment for speeches, appearances or publications reported in accordance with the public official disclosure law.
Adopted November 1992
Revised October 2003
LEGAL REFS.: C.R.S. 1-45-108 (Campaign Reform Act; requires report of campaign contributions and expenditures)
C.R.S. 24-6-203 (Public Official Disclosure Act)
C.R.S. 24-18-104
C.R.S. 24-18-109
POLICY BCA
BOARD MEMBER CODE OF ETHICS
BOARD MEMBER CODE OF ETHICS
According to the Colorado Revised Statutes 24-18-105, the following ethical principles for school board members "are intended as guides to conduct and do not constitute violations as such of the public trust of office..."
1. A board member "should not acquire or hold an interest in any business or undertaking which he/she has reason to believe may be directly and substantially affected to its economic benefit by official action to be taken by an agency over which he/she has substantive authority."
2. A board member "should not, within six months following the termination of his/her office, obtain employment in which he/she will take direct advantage, unavailable to others, of matters with which he/she was directly involved during his/her term of [office]. These matters include rules, other than rules of general application, which he/she actively helped to formulate and applications, claims or contested cases in the consideration of which he/she was an active participant."
3. A board member "should not perform an official act directly and substantially affecting a business or other undertaking to its economic detriment when he/she has a substantial financial interest in a competing firm or undertaking."
Adopted May 1995
Revised October 2003
LEGAL REF.: C.R.S. 24-18-105
Policy BCA/BCB
BOARD OF EDUCATION BYLAWS
BOARD OF EDUCATION MEMBER CONFLICT OF INTEREST
1. Except as otherwise provided by applicable law, a Board of Education member shall not engage in a substantial financial transaction for the Board of Education member's private business purposes with the Superintendent.
2. A Board of Education member shall not perform an official act directly and substantially benefiting economically an undertaking in which the Board of Education member has a substantial financial interest or is engaged as counsel, consultant, representative, or agent. Further, A board member shall not perform an official act directly and substantially affecting a business or other undertaking to its economic detriment when he/she has a substantial financial interest in a competing firm or undertaking.
3. Except as otherwise permitted herein, a Board of Education member shall not be a purchaser at any sale or a vendor for any purchase made by the district.
4. A Board of Education member shall not have a personal or private interest in any contract made by the Board of Education unless the cost to the Board of Education to contract with someone else would exceed 10 percent of the cost to contract with the Board of Education member, the contract must be performed within a limited time period and no other contractor can provide the services within the time period, or the Board of Education member has made adequate disclosure to the Board of Education of his/her personal or private interest. This prohibition shall not extend to contracts awarded to the lowest responsible bidder based on competitive bidding procedures, merchandise sold to the highest bidder at public auctions, and investments or deposits in financial institutions which are in the business of loaning or receiving moneys.
5. A board member should not acquire or hold an interest in any business or undertaking which he/she has reason to believe may be directly and substantially affected to its economic benefit by official action to be taken by an agency over which he/she has substantive authority.
6. A board member should not, within six months following the termination of his/her office, obtain employment in which he/she will take direct advantage, unavailable to others, of matters with which he/she was directly involved during his/her term of [office]. These matters include rules, other than rules of general application, which he/she actively helped to formulate and applications, claims or contested cases in the consideration of which he/she was an active participant.
A member of the Board of Education may request an advisory opinion from the Secretary of State concerning issues relating to his/her conduct and potential conflict of interest.
If a Board of Education member has a conflict of interest in a matter proposed or pending before the Board of Education, he/she shall refrain from voting on the matter and from influencing the decisions of other Board of Education members. The Board of Education member may vote under such circumstances only if the member's vote is necessary to enable the Board of Education to act and if the member voluntarily discloses in writing to the Secretary of State the nature of his/her interest in accordance with applicable law. In the case of a conflict of interest, the Board of Education shall excuse the Board of Education member from voting for good cause unless the Board of Education reasonably determines that no conflict of interest exists.
Current practice codified 1980
Revised May 1989
Revised November, 1992
Revised April 14, 1993
Revised February, 1995
Revised September 2003
LEGAL REFS.: Colorado Constitution, Article X, Section 13
C.R.S. 22-32-109 (1) (y)
C.R.S. 24-18-109 through 24-18-111
C.R.S. 24-18-201
C.R.S. 24-18-202
CROSS REFS.: BCD, School Board Member Conduct
BEDF, Voting Method
DJE, Bidding Procedures
Policy BDA
BOARD OF EDUCATION BYLAWS
ORGANIZATION OF THE BOARD OF EDUCATION
Within 15 days after the regular biennial election, the Board of Education shall meet in an organizational session at a regular or special meeting for the purpose of selecting officers. The incumbent President of the Board of Education shall preside until a successor is elected, whereupon the successor will assume the chair.
Following the swearing in of the newly-elected Board of Education member or members, the following officers, in order, shall be elected: President, Vice President, Secretary and Treasurer.
Nominations for President and Vice President shall be made from the floor and voting shall be by secret ballot. Should no nominee receive a majority vote of Board of Education members, the election shall be declared null and void, further nominations may be made and the secret ballot vote shall be retaken.
The President and Vice President shall serve two-year terms and shall hold office until their successors are elected. However, the term of the President or Vice-President shall be terminated at such earlier time as either: (I) the Board of Education member holding such office is terminated as a Board of Education member, (ii) the officer resigns the position as officer by delivering written notice of resignation to all Board of Education members, or (iii) the officer is removed from office by the Board of Education. In consideration of the philosophy that the President and Vice-President positions should have stability, but that the President and Vice-President should have the confidence of the rest of the Board of Education, such officers may be removed by the Board of Education prior to the end of the normal term only as follows. A petition signed by at least three of the Board of Education members shall be delivered to all Board of Education members asking that the removal of such officer be considered by the Board of Education at a specified regular meeting of the Board of Education no earlier than 21 days thereafter. At any time prior to the specified regular Board of Education meeting, any Board of Education member signing the petition may withdraw support for the petition by giving written notice to all Board of Education members. If the petition continues to be supported by at least three signers of the petition at the time of the specified regular meeting, the Board of Education shall consider the matter in the action part of its agenda and shall vote on the removal of the officer. Notwithstanding any other Board of Education policy or bylaw, to be effective the motion to remove the officer must be supported by at least three-quarters of all Board of Education members. If the motion to remove the officer is passed, the officer shall submit a written resignation from the office confirming the removal.
The Board of Education shall then elect a Secretary and Treasurer who may or may not be members of the Board of Education. Voting shall be by secret ballot. Should no nominee receive a majority vote of the Board of Education, the elections shall be declared null and void, further nominations may be made and vote shall be retaken.
Following election of the other officers, the Board of Education may appoint staff members to serve as appointed Assistant Board Secretary and appointed Assistant Treasurer.
The Secretary, Treasurer and their appointed Assistants shall hold their offices for a term of two years and until their successors are elected or until a vacancy occurs in this position. The Secretary, Treasurer and their appointed Assistants serve at the pleasure of the Board of Education, and may be removed at any time.
Then such other items of business shall be considered by the Board of Education as are scheduled on the agenda.
Officer Resignation
Any officer may resign at any time by giving written notice to the Board of Education. An officer's resignation shall take effect at the time specified in the notice. Acceptance of the resignation shall not be necessary to make it effective unless specified in the notice.
All Board of Education offices shall become vacant if the position of the director holding the office becomes vacant, or if the officer is removed from office.
Should one or more officers of the Board of Education resign or leave office, the Board of Education shall select another member or members to fill the vacant office or offices as provided by law, using the procedures described above.
A newly-selected officer shall assume his/her duties immediately upon selection.
Adopted September, 1972
Revised May 22, 1979
Revised to conform with practice: date of manual adoption
Revised November, 1991
Revised November, 1993
Revised February, 1995
Revised October 2003
LEGAL REFS.: C.R.S. 1-1-202
C.R.S. 1-1-203
C.R.S. 1-10-201 et seq.
C.R.S. 22-32-104 (1), (2), (3), (4)
Policy BDB
BOARD OF EDUCATION BYLAWS
BOARD OF EDUCATION OFFICERS
Each officer of the Board of Education who also is a director shall continue to have all usual powers of a director including without limitation the right of discussion and voting.
President and Vice President
The President of the Board of Education shall:
1. Be charged with the ordinary duties pertaining to the office under applicable law and any duties which may be conferred upon him/her by the Board of Education.
2. Preside at all meetings of the Board of Education unless delegated in the line of succession.
3. Be responsible for orderly conduct of Board of Education meetings.
4. Call special meetings of the Board of Education.
5. Sign all written contracts to which the School District may be party that have been authorized by the Board of Education, except as otherwise delegated by the Board of Education or the President and permitted by applicable law.
6. Sign all official reports of the District except as otherwise delegated by the Board of Education or the President and permitted by applicable law.
7. Appoint special committees subject to the approval of the Board of Education.
In the absence of the President, the Vice President shall have the power of the President and perform his/her duties.
Secretary
The Secretary of the Board of Education shall perform the following duties:
1. Insure that a record is kept of all business transacted by the Board of Education at either regular or special meetings.
2. Cause a copy of the minutes of the previous regular or special meetings to be distributed.
3. Cause notice to be given to each Board of Education member, of all special meetings of the Board of Education in accordance with applicable law and policy.
4. Be custodian of the seal of the district.
5. Cause all notices of school elections to be published and posted in accordance with statute. Perform such other duties in the conduct of school elections as required by law.
6. As requested by the President or the Board of Education, attest any written contract to which the district may be a party and affix the district seal thereto.
7. Perform such other duties as may be assigned by the Board of Education.
Treasurer
The Treasurer shall perform or cause to be performed the following duties:
1. Account for all moneys belonging to the district.
2. Report to the Board of Education as required for all moneys of the District.
3. Sign either by written signature or facsimile all warrants or orders drawn on the County Treasurer or checks drawn on a district depository. The Board of Education may require the countersignature of another person.
4. Cause the deposit and credit of the District moneys withdrawn from the custody of the County Treasurer and all other moneys belonging to the District in one or more depositories designated by the Board of Education.
5. Perform such other duties as may be assigned by the Board of Education.
Adopted May 22, 1979
Revised November 1991
Revised November 1993
Revised February 1995
Revised October 2003
LEGAL REFS.: C.R.S. 22-32-104 (3) 22-32-105 (President and Vice President)
C.R.S. 22-32-104 (4); 22-32-106 (Secretary)
C.R.S. 11-10.5-111; 22-32-104 (4); 22-32-107 (Treasurer)
CROSS REFS.: BDC, Appointed Board of Education Officials
DG, Depository of Funds
DA, Banking Services (and Deposit of Funds)
DH, Bonded Employees and Officers
BE/BEA/BEB, School Board of Education Meetings/Regular Meetings/Special Meetings
BEDA, Notification of Board of Education Meetings
Robert’s Rules of Order Adopted May 22, 1979
Policy BDC
BOARD OF EDUCATION BYLAWS
APPOINTED BOARD OF EDUCATION OFFICIALS
If the Secretary appointed by the Board of Education is a member of the Board of Education, the Board of Education may, at its own discretion, appoint a member of the staff as Assistant Board Secretary. A second member of the staff also may be appointed as an Assistant Board Secretary. The Secretary may delegate the Secretary's duties and/or responsibilities to the Assistant Board Secretary, but the Secretary shall be accountable to the Board of Education. The Assistant Board Secretary shall carry out the functions of the position including the power to sign all documents as delegated by the Secretary. The Superintendent (or his/her designee) shall act as supervisor of the Board of Education duties of the Assistant Board Secretary.
If the Treasurer appointed by the Board of Education is a member of the Board of Education, the Board of Education may, at its own discretion, appoint a member of the staff as Assistant Treasurer. The Deputy Superintendent/CFO or designee will serve as the Appointed Assistant Treasurer. The Treasurer may delegate his/her duties and/or responsibilities to the Deputy Superintendent/CFO or designee, but the Treasurer shall be accountable to the Board of Education. The Deputy Superintendent/CFO or designee shall carry out the functions of the position including the power to sign all documents as delegated by the Treasurer. The Superintendent (or his/her designee) shall act as supervisor of the Board of Education duties of the appointed Assistant Treasurer.
The purpose of designating separate Board of Education and staff positions is primarily to have a Board of Education member as signatory for any legal documents or contracts.
Adopted September, 1972
Revised May 22, 1979
Revised May 1989
Revised November 1993
Revised February 1995
Revised September 2003
LEGAL REFS.: C.R.S. 22-32-104
C.R.S. 22-32-106
Policy BIA
BOARD BYLAWS
NEW BOARD MEMBER ORIENTATION
The President of the Board is responsible for the following to occur:
I. When a candidate for the Board picks up either a petition to be on the ballot or an application to be appointed to the Board, he or she should also receive information which includes but is not limited to the following:
1. Board bylaws
2. Board meeting brochure
3. Board future meeting dates already set
4. Estimate of time commitment
5. Date of Board “retreat” to be held shortly after (within 1 month of election/appointment).
II. Retreat should include but not be limited to presentation of:
1. Guidelines for Board of Education Efficiency & Effectiveness (File: BE/BEA/BEB/BF-E)
2. How to handle complaints and concerns from constituents and staff.
3. How to attempt to make changes
4. How to deal with the reading
5. Plans for orientation from the Administration for business of the district
6. Procedures for Board meetings and review of the B Section in the policy manual.
III. At least one other board member should meet with the new board member within two weeks after election/appointment.
IV. Materials every new board member should receive:
Accountability Committee and School Profiles reports for the previous school, year
Advisory Committee list
Board’s vision and mission statement
Budget for current year plus any proposed budget
CASB’s latest manuals for Board members, e.g. Leadership Essentials and School Boards Can!
Current District Capital Plan
Colorado School Laws (latest version of CDE publication)
“Communications” publications e.g. Communicator
Deputy Superintendent’s Contracts
District Calendar, public relations brochures,
District Staff Directory
Guidelines for BOE Efficiency & Effectiveness
Information on individual Board Budget
Master Agreement CSEA
Meet and Confer Agreement ESP
Meet and Confer Agreement CSASE/CSPA
Technology Plan
Strategic Plan
Student Conduct and Discipline Code Handbook
Superintendent’s Contract
List of additional materials in Board Office, including but not limited to:
District Standards
Policy Manual
Robert’s Rules of Order
Minutes and related meeting materials from regular and special Board meetings for current school year plus the previous year.
Adopted May 24, 1995
Revised October 2003
Policy BID/BIE
BOARD OF EDUCATION MEMBER COMPENSATION AND EXPENSES/INSURANCE/LIABILITY
Board of Education members shall receive no compensation for their services. However, upon submitting expense forms and supporting documentation for expenses incurred in carrying out specific services, Board of Education members may be reimbursed from district funds for costs related to Board of Education business.
A Board of Education member may be reimbursed for local expenses as follows:
• Automobile mileage - except for Board of Education meetings. Reimbursement is approved at the rate per mile allowed for district employees.
• Parking fees.
• Meals - Expenses for meals at banquets or other events in accordance with the United States General Services Administration Rates .
• Telephone - long distance call related directly to Board of Education business and other direct phone expenses as necessary. (includes second phone line if used only for Board business or prorated).
• Child care necessary for attendance at Board of Education-related functions/visits where the Board of Education member is representing the Board of Education. Child care may also be reimbursed for attendance at Board of Education meetings.
• Miscellaneous - Magazines, journals, and similar reference materials directly related to Board of Education business; administrative supplies and postage.
Reimbursable expenses may include the cost of attendance at conferences of school Board of Education associations and other professional meetings/visitations, both in state and out-of-state which are not included in the categories established for local expenses.
Equipment provided to support board Members (unless Board member prefers to provide equivalent capability):
• Computer (normally laptop) and software compatible with district requirements
• Printer/fax machine capability
• Access to Internet and email
The district shall provide operating supplies for all equipment provided to Board members. Continuing, repetitive communications costs shall be charged to Board member budget accounts and budgeted accordingly.
An overall, general purpose expense limit per Board of Education member will be identified in the adopted annual budget. Board of Education members may allocate this amount between local costs and out-of-district events., e.g., conferences/professional meetings, as deemed most effective for performing Board of Education member duties. In general, spouses will pay their own expenses at Board of Education related functions.
Officers of the Board of Education will be reimbursed over and above the general purpose expense limit for additional expenses for officer duties as approved by the Treasurer or appealed to the Board of Education.
District expense reporting and reimbursement guidelines will be followed as outlined in File: DKC. The Treasurer of the Board of Education of education shall approve or disapprove, within the limits of the adopted budget and other policies and procedures, all requests for reimbursement of expenses incurred by members of the Board of Education. Any request for expense reimbursement disapproved by the Treasurer may be appealed to the Board of Education for final decision. The expenses of the Treasurer shall be approved by the President of the Board of Education.
The Board of Education shall purchase liability insurance and errors-and-omissions insurance to protect its members individually and collectively for claims made against them as a result of their membership on the Board of Education.
Revised June 1988
Revised March 1995
Revised April 1999
Revised October 2003
LEGAL REFS.: C.R.S. 22-32-104(5)
C.R.S. 22-32-110 (1)(n),(u),(4)
C.R.S. 24-10-102 et seq.
C.R.S. 24-18-104 (3)(d),(e)
CROSS REF.: BIBA, School Board of Education Conferences, Conventions and Workshops
DKC, Expense Authorization/Reimbursement
EI, Insurance Management
DAR, District Acquisition Regulations
KCA, School Community Relations
POLICY DAB
FISCAL MANAGEMENT RESPONSIBILITIES
The superintendent shall have the responsibility to create a planned business management program which shall include all major phases of school business activities. The planned program shall be coordinated and managed by the school district business administrator. This administrator shall have the title of assistant superintendent for business services and shall be directly responsible for providing the necessary business services to support the educational objectives of the school system.
The deputy superintendent for business services and chief financial officer shall be responsible to the board of education through the superintendent.
Adopted 1972
Revised January 1985
POLICY DG
BANKING SERVICES
(And Deposit of Funds)
All revenue received by the school district shall be deposited in an official bank or banks or savings and loan institutions as designated by the board. Such financial institution must qualify as an eligible public depository in accordance with state law.
When moneys are withdrawn from the custody of the county treasurer, such withdrawn moneys and all other moneys belonging to the district including moneys derived from food services and school activities shall be deposited by the treasurer of the board or official custodian to the credit of the district in a depository designated by the board.
The treasurer or official custodian shall comply with all requirements of state law regarding the deposit of district funds.
Safety Deposit Box
The board shall maintain a safety deposit box at a designated depository and shall name the superintendent, the deputy superintendent for business services, the treasurer and the assistant treasurer of the district as official custodians of the safety deposit box.
Adopted September 1972
Revised January 1985
Revised June 1988
LEGAL REFS.: C.R.S. 11-10.5-101 et seq. (relates to deposits of public funds in banks)
C.R.S. 11-47-101 et seq. (relates to deposits of public funds in savings and loan institutions)
C.R.S. 22-32-104 (4)(c)
C.R.S. 22-32-107 (3),(4),(6)
C.R.S. 22-32-109 (1)(g)
C.R.S. 22-32-110 (1)(x)
C.R.S. 22-40-104 (relates to county treasurer)
C.R.S. 22-40-105
C.R.S. 22-45-104 (relates to collection and deposit of fees and fines)
POLICY DGA-DGB
AUTHORIZED SIGNATURES/CHECK-WRITING SERVICES
All checks drawn on the general fund or any special fund shall require the signature of the assistant treasurer of the board. The assistant treasurer shall manually sign all checks for more than $5,000.
All checks for $5,000 or less drawn on district funds may be signed by a machine provided by the board. The business staff under the immediate direction of the assistant treasurer shall be authorized to operate the check-signing machine.
Current practice codified 1980
LEGAL REFS.: C.R.S. 11-55-101 et seq.
C.R.S. 22-32-107
C.R.S. 22-32-12
POLICY DI
FISCAL ACCOUNTING AND REPORTING
The board of education assigns responsibility for the establishment of an accounting system to the assistant superintendent for business services through the superintendent. Responsibility for the creation and operation of the school district's accounting system shall be assigned to an administrative assistance within the business services department. All funds received and/or disbursed by any agency of the school system including any and all district transactions shall be accounted for carefully and accurately; shall conform with generally accepted principles of governmental accounting providing for the appropriate separation of accounts, funds and special moneys, and shall be done in a manner that is easily reviewed and lends itself to auditing.
The board reserves the right to review all accounts as a matter of public record.
Adopted September 1972
LEGAL REF.: C.R.S. 22-45-102
Note: The "Financial Policies and Procedures Handbook" adopted by the State Board of Education is to be used by every school district in the keeping of financial records and in the periodic presentation of financial information to the Board. [C.R.S. 22-44-204 (3)]
POLICY DIC
FINANCIAL REPORTS AND STATEMENTS
The district deputy treasurer shall submit to the board and to the superintendent a monthly report of receipts, disbursements and budget balances at the regular monthly meeting of the board and shall prepare an annual report at the end of each fiscal year.
In addition to these regular monthly reports, the deputy treasurer upon request by the board, the superintendent or designee shall prepare and present special financial reports on any or all financial matters.
Adopted September 1972
LEGAL REFS.: C.R.S. 22-32-109 (1)(k)
C.R.S. 22-44-111
C.R.S. 29-1-603
1 CCR 301-1, Rules 2202-R-3.09 (2)
CROSS REFS.: AEC, Accomplishment Reporting to the Public
DBG, Budget Adoption
DIE, Audits/Financial Monitoring
POLICY DJ
PROCUREMENT AND CONTRACTING
The Board of Education has the authority and the responsibility for the District's centralized acquisition system which includes the authority (C.R.S. '22-32-109 (1)(b)) to adopt policies and prescribe rules and regulations for the administration of the contracting and purchasing needs of the District. The Board expects that the District's centralized acquisition system will facilitate the efficient acquisition of supplies, equipment, services of a professional and non-professional nature, construction, and real property, as well as the disposition of surplus property. To that end, the Board of Education directs the Superintendent or designee, to develop and oversee an acquisition system which includes the following components and/or characteristics:
• A professional procurement and contracting department, staffed with highly trained procurement and contracting professionals, to maintain the District=s acquisition system at a highly professional level.
• Acquisition procedures that promote competition, meet any applicable state law, are consistent with professional standards, and encourage fair and equitable procurement opportunities in the best interest of the District.
• Standard terms and conditions to be used by all organizations involved in District purchasing and contracting.
• Acquisition procedures that provide for best value contracting.
• Procedures for making purchases using an automated system.
• A procurement card program, and procedures for making purchases under the procurement card program.
• Procedures for warranting contract officers, consistent with the rules set forth at C.R.S. '24-102-202, including without limitation a system of checks and balances for the delegation and re delegation of procurement commitment authority to qualified staff, who are expected to act in a prudent manner in the exercise of their authority, and for the revocation of such authority at the discretion of the District. This policy prohibits any employee of the District, who has not been given an appropriate warrant, or has not otherwise been given appropriate written authority, from making any commitment or procurement that financially obligates the District. This policy also prohibits any employee of the District from exceeding the limits of an otherwise appropriate warrant or other similar written authorization. Failure to adhere to this policy may result in the employee being required to reimburse the District for, or otherwise pay, any amounts for which he or she obligates or attempts to obligate the District outside of his or her authority, and may also result in disciplinary action, such as suspension without pay and/or termination of employment.
• Ensure that procurement staff is regularly trained and kept current in the energy efficiency aspects of product selection.
• Ethical management, fiscal accountability and integrity in the acquisition system.
• Procedures for handling protests, disputes, appeals, and claims; and, approaches and responses to vendors who bring their complaints directly to the Board of Education or make public their complaints at Board meetings.
• Procurement and contracting procedures for cooperative purchasing and similar purchasing methods, where appropriate, that are in the best interest of the District.
• Management controls for unauthorized and/or inappropriate purchases that are consistent with C.R.S. '24-109-404 and which provide liability for public employees and public officials who make unauthorized or inappropriate purchases.
• Procedures which address potential and real conflict of interest issues in accordance with the ethical conduct rules, C.R.S. '24-18-101, et seq., and Board of Education policy.
• Procedures for the purchase of energy efficient and environmentally responsible products or services.
• Procedures to limit use of check requests for purchases.
• Procedures for use of advance payments.
• A District wide travel procedure.
• Guidelines and procedures to determine independent contractor status on proposed contracts in accordance with the Internal Revenue Service guidelines.
The Board recognizes that the schools of the District receive substantial support from tax monies paid by individuals and businesses of the local community. Therefore, the Board encourages and supports the use of local operating businesses, as that term is defined by the District, without allowing higher prices to be paid for the same quality. The Board directs the Superintendent or designee, the responsibility and authority to establish regulations and practices for local competitive procurement procedures that encourage participation of local vendors and are in the best interest of the District and are consistent with applicable state law, which promote prudent procurement practices, and fiscal accountability, and which take into consideration the important role that local businesses play in the on going success of the District. Such regulations and practices shall minimally take into account the provisions that follow.
Simplified procurements. Transactions identified by the District as "simplified procurements" typically lend themselves, by their nature, to be transacted through local community businesses. Therefore, it will be the customary, but not exclusive, practice of the District to utilize local community vendors for simplified procurements as long as such transactions can be technically satisfied at a fair and reasonable price.
Formal acquisitions. Transactions identified by the District as "formal acquisitions" will be advertised on the District's homepage unless exempted due to sole source or emergency requirements as outlined in C.R.S. '24-103-205 & '24-103-206, or as otherwise provided by law or the Board. If the District determines that adequate qualified competition is available within the local community, local vendors selected by the District in its discretion, will be sent a letter or E-mail notifying them that an Invitation for Bids (IFB) or Request for Proposals (RFP) is on the homepage. The notification contemplated in this provision may be accomplished through other reasonable means, as determined by the District. However, other vendors both local and non-local may obtain a copy of the solicitation as advertised on the homepage and may submit a bid/proposal. Local vendors to whom reminder letters or E-mail are sent, will be identified through the District's source list. If such source list does not, in the judgment of the Contracting Officer, provide an adequate number of qualified competitors, alternative means of identifying potential sources will be used. No local vendor should depend on receiving a letter or E-mail providing notice of acquisition. Except as identified herein, notice of formal acquisitions will appear on the District's homepage and all vendors, local and non-local, should keep themselves apprized of opportunities through the homepage. Bids/proposals received on a timely basis and in accordance with other District procedures will be evaluated in accordance with the District's evaluation criteria. No preference will be given to local vendors or businesses except in the case of a tie bid/proposal evaluation as in accordance with C.R.S. '24-103-202.5.
The District may establish a method of prequalification of contractors in accordance with C.R.S. 24-92-107.
While designated staff is delegated, through the Superintendent of schools, the approval and authority to obligate the District in providing needed equipment, supplies, and services for the day to day operation of the District (within the scope specified in the Board of Education approved operating budget); the following types of transactions/agreements shall be approved by the Board of Education prior to execution of the obligating document:
• All charter school agreements and amendments.
• All land acquisitions and sales.
• All agreements to purchase an asset (land, building and equipment) costing more than $35,000 unless specifically approved in the current operating budget approved by the Board of Education.
• All agreements for long term leases in excess of one year or agreement to sell or dispose of a District asset with a current fair market value of more than $25,000.
• Annual leases of more than $100,000.
• All service agreements, other than temporary (less than 12 months) replacement of staff due to vacancies, leaves or budgetary constraints, resulting in the privatization of a job function currently covered by a District staffing allocation and which reduces such allocation.
• All agreements to provide critical or highly sensitive services including but not necessarily limited to the following:
• Food service management.
• The Board of Education's primary legal service and legal service for all multiple year financing instruments (Excludes single year cash flow financing, i.e. tax anticipation notes).
• Auditors - financial as well as performance with annual fees over $25,000.
• Investment advisors, financial advisor, and underwriter services exceeding $25,000. in any one fiscal year.
• Insurance carriers and service providers with over $50,000 premiums annually.
• Architects and general construction contractors for new construction, building additions and major repair projects over $1 million in scope per project.
• Service and commodity contracts over $1 million in scope.
• All construction related professional services including design, engineering, and project management over $100,000 in scope per project.
• Intergovernmental agreements for non construction purposes over $100,000.
• Installment purchase, shared savings or performance contracts pursuant to the provisions of C.R.S. '22-32-110 (hh) and C.R.S. '29-12.5 102 and 103 with a per project cost over $100,000.
• Personal property tax credit/agreements whether or not the agreement involves financial obligation or that commit the District=s resources in excess of those provisions of C.R.S. '22-32-110(ff)(gg).
• Legislative Consulting Services
The Board will be notified of any professional services acquisitions, requiring Board approval, that are acquired through other than competition at the point of acquisition strategy development, but in no case less than four months prior to the performance need date.
Exigencies
Pursuant to the general powers of the Superintendent, including the power to address emergency circumstances, the required prior approval of the Board of Education with respect to an action described above may be waived by the Superintendent if all of the following apply: (1) in the reasonable judgment of the Superintendent the best interests of the District will be substantially adversely affected by delaying the action until the next regularly scheduled Board of Education meeting, (2) in the reasonable judgment of the Superintendent, it is impractical or unwarranted to call an expedited special meeting of the Board of Education to consider approval of the action (e.g., if a quorum of the Board of Education will not be available in time; or if a special meeting would be an unwarranted intrusion on periods constituting extended holidays from Board of Education business,) and (3) the Superintendent takes reasonable steps under the circumstances to promptly notify Board of Education members of the waiver or proposed waiver of the approval policy.
Adopted: September, 1972
Revised: January, 1985
Revised: June, 1988
Revised: August, 1996
Revised: December, 1996
Revised: August, 1997
Revised: May, 2000
LEGAL REF.: C.R.S. '22-32-109 (1)(b)
C.R.S. '22-32-109 (1)(b), '24-91-101 et seq., '24-109-403
C.R.S.'22-32-110(G)(ff)(gg)
CROSS REF.: KCA, Public Gifts/Donation to Schools
GCQF, Discipline, Suspension and Dismissal of Professional Staff
GDQD, Discipline, Suspension and Dismissal of Support Staff
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