BP4119.23

Certificated Personnel
Unauthorized Release Of Confidential/Privileged
Information
The Governing Board, administration and staff shall maintain the
confidentiality of all confidential records until such time as laws, state
regulations and/or bylaws of this District permit disclosure.
Information and records pertaining to closed sessions, negotiations and
personnel or student records are not subject to public disclosure under
Government Code 6252-6260.
Any employee who willfully releases confidential and/or privileged
information about students, staff, or any topic properly confined to a
closed session shall be subject to disciplinary action up to and including
dismissal from District service. Confidential information
includes any information relating to the Boardís employer-employee strategies
on matters in negotiation or matters to be placed in negotiation.
Any employee who willingly and for monetary gain uses or discloses
confidential and/or privileged information as defined in Government Code
1098 is guilty of a misdemeanor. (Government Code 1098)
Any action by an employee which inadvertently or carelessly results
in release of confidential and/or privileged information shall be recorded,
and the record shall be placed in the employeeís personnel file. Depending
on the circumstances, the Superintendent or designee may deny the employee
access to such information and shall take any steps necessary to prevent
any further unauthorized release of such information.


Legal Reference:





EDUCATION CODE
35010 Control of district; prescription and enforcement of rules
35146 Closed sessions (re student suspension)
44031 Personnel file contents and inspection
44932 Grounds for dismissal of permanent employees
44933 Other grounds for dismissal
45113 Rules and regulations for classified service
49060-49078 Pupil records
GOVERNMENT CODE
1098 Public officials and employees: confidential information
3540 et seq. Meeting and negotiating in public employment
6252 et seq. Inspection of public records
54957 Closed session; purposes for holding; definition of "employee"
exclusion of witnesses
54957.2 Taking of minutes at closed sessions; clerk; minute book
54957.6 Closed session, representatives to employee organization(s);
state conciliator
LABOR CODE
1102.5 Employees: disclosure of information



FEDERAL FAMILY EDUCATION RIGHTS AND PRIVACY ACT of 1974 (20 U.S.C. 1232(g))











































Adopted: 5-11-88
Revised: