Unauthorized Release Of Confidential/Privileged Information

Classified Personnel The Governing Board recognizes the importance of keeping confidential information confidential. Staff shall maintain the confidentiality of information acquired in the course of their employment. Confidential/privileged information shall be released only to the extent authorized by law. Disclosure of Closed Session Information An employee shall not disclose confidential information acquired by being present during a closed session to a person not entitled to receive such information, unless the Governing Board authorizes disclosure of that information. (Government Code 54963) Confidential information means a communication made in a closed session that is specifically related to the basis for the Governing Board to meet lawfully in closed session. (Government Code 54963) An employee who willfully discloses confidential information acquired during a closed session may be subject to disciplinary action if they have received training or notice as to the requirements of this policy. (Government Code 54963) The Superintendent or designee shall provide all employees who attend closed sessions a copy of this policy. New employees who may attend closed sessions shall also receive a copy of this policy. The district shall not take disciplinary action against any employee for disclosing confidential information acquired in a closed session, nor shall the disclosure be considered a violation of the law or Board policy, when the employee is: (Government Code 54963) - Making a confidential inquiry or complaint to a district attorney or grand jury concerning a perceived violation of law, including disclosing facts necessary to establish the illegality or potential illegality of a Board action that has been the subject of deliberation during a closed session - Expressing an opinion concerning the propriety or legality of Board action in closed session, including disclosure of the nature and extent of the illegal or potentially illegal action - Disclosing information that is not confidential Other Disclosures An employee who willfully releases confidential/privileged information about the district, students or staff shall be subject to disciplinary action. No employee shall disclose confidential information acquired in the course of their official duties. Confidential information includes information that is not a public record subject to disclosure under the Public Records Act, information that by law may not be disclosed, or information that may have a material financial effect on the employee. Any action by an employee that inadvertently or carelessly results in the release of confidential/privileged information shall be recorded, and the record shall be placed in the employee's personnel file. Depending on the circumstances, the Superintendent or designee may deny the employee further access to any privileged information and shall take any steps necessary to prevent any further unauthorized release of such information.