All confidential/privileged information shall be released only as allowed by law.
(cf. 4112.6/4212.6/4312.6 -Personnel Records)
(cf. 5125 -Student Records)
Confidential/privileged information which is produced for or which comes out during closed sessions of the Board shall not be divulged or released unless a majority of Board members agree to release the information, subject to applicable laws regarding closed sessions. (Education Code 35146, Governing Codes 3549.1, 6250 et seq., 54956.8, 54956.9, 54957 et seq.)
This policy is not intended to cause the withholding of information about the purpose and subject(s) of closed session as required for public information under Government Code Section 54957.7.
Information from closed sessions shall be released by the president or chairman of the meeting in which the closed session is held.
Any Board member who willfully and for monetary gain uses or discloses confidential/privileged information as defined in Government Code 1098 is guilty of a misdemeanor.
Any Board member who releases confidential/privileged information contrary to the provisions of this bylaw may be publicly censured by a majority vote of the members of the Board.
(cf. 4119.23 -Unauthorized Release of Confidential/Privileged Information)
(cf. 9321 -Closed Sessions)
Legal Reference:
EDUCATION CODE
35010 Power of governing board to adopt rules for its own governance
35146 Closed Session
GOVERNMENT CODE
1098 Public officials and employees: confidential information
6254 Public Records; exemption of particular records
54957 Closed Session; "employee" defined; exclusion of witnesses
54957.1 Subsequent public report and roll call vote; employee matters in closed session
54957.5 Public Records
54957.6 Closed session; representatives with employee organization
54957.6 Reasons for closed session
EVIDENCE CODE
1040 Privilege for Official Information
Bylaw ELK GROVE UNIFIED SCHOOL DISTRICT
adopted: April 3, 1989 Elk Grove, California