9011
AR
Administrative Regulation
Disclosure Of Confidential/Privileged Information
The Board of Education recognizes the importance of maintaining the confidentiality of information acquired as part of a Board member's official duties. Confidential/privileged information shall be released only to the extent authorized by law.
Disclosure of Closed Session Information
A Board member shall not disclose confidential information acquired during a closed session to a person not entitled to receive such information, unless a majority of the Board has authorized its disclosure. (Government Code 54963)
Confidential information means a communication made in a closed session that is specifically related to the basis for the Board to meet lawfully in closed session. (Government Code 54963)
The Board shall not take any action against any person for disclosing confidential information, nor shall the disclosure be considered a violation of the law or Board policy, when the person 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
A Board member shall not disclose, for pecuniary gain, confidential information acquired in the course of his/her 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 Board member. (Government Code 1098)
Disclosures excepted from this prohibition are those made to law enforcement officials or to the joint legislative audit committee when reporting on improper governmental activities. (Government Code 1098)
Legal & Management References
State
Ed. Code 35010 - Control of district; prescription and enforcement of rules
Ed. Code 35146 - Closed sessions regarding suspensions
Evid. Code 1040 - Privilege for official information
Gov. Code 1098 - Disclosure of confidential information
Gov. Code 3549.1 - Meeting and negotiating in public educational employment
Gov. Code 54950-54963 - The Ralph M. Brown Act
Gov. Code 54956.8 - Open meeting laws
Gov. Code 54956.9 - Closed meeting for pending litigation
Gov. Code 54957 - Complaints against employees; right to open session
Gov. Code 54957.1 - Subsequent public report and rollcall vote; employee matters in closed session
Gov. Code 54957.5 - Public records
Gov. Code 54957.6 - Closed session; representatives with employee organization
Gov. Code 54957.7 - Reasons for closed session
Gov. Code 54963 - Unauthorized disclosure of confidential information
Gov. Code 7920.000-7930.170 - California Public Records Act
Management Resources
Attorney General Opinion - 80 Ops.Cal.Atty.Gen. 231 (1997)
CSBA Publication - Professional Governance Standards
Website - CSBA District and County Office of Education Legal Services
Website - CSBA
Cross References
0450 AR Comprehensive Safety Plan
1100 BP Communication With The Public
1312.3 AR Uniform Complaint Procedures
1340 AR Access To District Records
2121 BP Superintendent's Contract
3580 AR District Records
4112.5 AR Criminal Record Check
4112.6 AR Personnel Files
4119.42-E PDF(1) AR Exposure Control Plan For Bloodborne Pathogens
4143.1 BP Public Notice - Personnel Negotiations
4243.1 BP Public Notice - Personnel Negotiations
5125 AR Student Records
9000 AR Role Of The Board
9005 AR Governance Standards
9010 AR Public Statements
9200 AR Limits Of Board Member Authority
9230 AR Orientation