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Hayward USD |  BB  9011  Board Bylaws

Disclosure Of Confidential/Privileged Information   

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All confidential/privileged information and records shall be released only as allowed by law.

Confidential/privileged information which is produced for or which comes out during closed sessions of the Governing 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 and confidential records. (Education Code 35146, Government Codes 3549.1, 6250, 54956.8, 54956.9, 54957)

This policy is not intended to cause the withholding of information about the purpose and subject(s) of the closed session as required for public information under Government Code 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.

(cf. 4112.6/4212.6/4312.6 - Personnel Records)

(cf. 5125 - Student Records)

(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

EVIDENCE CODE

1040 Privilege for official information

GOVERNMENT CODE

1098 Public officials and employees re confidential information

3549.1 Meeting and negotiating in public educational employment

6250-6270 Inspection of public records

54950-54963 Brown Act, especially:

54956.8 Open meeting laws

54956.9 Closed meeting for pending litigation

54957 Closed session; "employee" defined; exclusion of witnesses

54957.1 Subsequent public report and rollcall vote; employee matters in closed session

54957.5 Public records

54957.6 Closed session; representatives with employee organization

54957.7 Reasons for closed session

54963 Confidential information in closed session

ATTORNEY GENERAL OPINIONS

80 Ops.Cal.Atty.Gen. 231 (1997)

Management Resources:

CSBA PUBLICATIONS

Professional Governance Standards, November 2000

Maximizing School Board Leadership, 1996

WEB SITES

CSBA: http://www.csba.org

Bylaw HAYWARD UNIFIED SCHOOL DISTRICT

adopted: November 18, 1991 Hayward, California

revised: September 26, 2012