Bylaws of the Board
Board Bylaw No. 9011
Bylaw approved: May 15, 2003
Revised: Sept. 18, 2025
DISCLOSURE OF CONFIDENTIAL PRIVILEGED INFORMATION
The Governing Board 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.
A Board member shall not disclose confidential information to any person, except as authorized by law, this Bylaw or other Board bylaws or policies, or the Board.
Confidential information means any information that is prohibited from disclosure by law, this Bylaw or other Board bylaws or policies, or by the Board at the time disclosed and is not a public record subject to disclosure under the California Public Records Act (CPRA). Confidential information includes, but is not limited to, any of the following:
1. Information acquired by being present in a closed session that is specifically related to the basis for the Board to meet lawfully in closed session (Government Code 54963)
2. Information acquired in anticipation of a closed session, or as follow-up to a closed session, that is specifically related to the basis for the Board to meet lawfully in closed session
3. Information contained in communications provided to Board members from the district's attorney
4. Information deemed confidential by the Board
Confidential information does not include information that is already publicly disclosed, provided that the initial disclosure did not violate law, this Bylaw, or other Board bylaws or policies.
It is a misdemeanor for any Board member to willfully and knowingly use or disclose for pecuniary gain any information acquired in the course of the Board member's official duties where all of the following conditions are met: (Government Code 1098)
1. The information is not a public record subject to disclosure under the CPRA
2. The information is prohibited from disclosure by law, this Bylaw, or other Board bylaws or policies
3. The information will have, or could reasonably be expected to have, a material financial effect on the Board member if used or disclosed
If a Board member threatens to disclose or does disclose confidential information, the Board may pursue or enact one or more of the following actions as it deems appropriate: (Government Code 54963)
1. Injunctive relief to prevent disclosure
2. Referral to the grand jury
3. Censure or other disciplinary action, provided the Board member has received training or been informed of the requirements of this Bylaw
However, the Board shall not take any action against a Board member for disclosing confidential information, nor shall the disclosure be considered a violation of this Bylaw, when the Board member does any of the following: (Government Code 1098, 54963)
1. Makes 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
2. Expresses 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
3. Discloses information to law enforcement officials or to the joint legislative audit committee when reporting on improper governmental activities in accordance with law
Policy Reference Disclaimer: These references are not intended to be part of the policy itself, nor do they indicate the basis or authority
for the Governing Board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy.
State Description
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 Description
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
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Website CSBA
Management Resources Description
Cross References Description
0450 Comprehensive Safety Plan
0450 Comprehensive Safety Plan
1100 Communication With The Public
1312.3 Uniform Complaint Procedures
1312.3 Uniform Complaint Procedures
1312.3-E(1) Uniform Complaint Procedures
1312.3-E(2) Uniform Complaint Procedures
1340 Access To District Records
1340 Access To District Records
2120 Superintendent Recruitment And Selection
2121 Superintendent's Contract
3580 District Records
3580 District Records
4112.5 Criminal Record Check
4112.5-E(1) Criminal Record Check
4112.6 Personnel Files
4119.23 Unauthorized Release Of Confidential/Privileged Information
4119.42 Exposure Control Plan For Bloodborne Pathogens
4119.42 Exposure Control Plan For Bloodborne Pathogens
4119.42-E(1) Exposure Control Plan For Bloodborne Pathogens
4143 Negotiations/Consultation
4143.1 Public Notice - Personnel Negotiations
4143.1 Public Notice - Personnel Negotiations
4212.5 Criminal Record Check
4212.5-E(1) Criminal Record Check
4212.6 Personnel Files
4219.23 Unauthorized Release Of Confidential/Privileged Information
4219.42 Exposure Control Plan For Bloodborne Pathogens
4219.42 Exposure Control Plan For Bloodborne Pathogens
4219.42-E(1) Exposure Control Plan For Bloodborne Pathogens
4243 Negotiations/Consultation
4243.1 Public Notice - Personnel Negotiations
4243.1 Public Notice - Personnel Negotiations
4312.5 Criminal Record Check
4312.5-E(1) Criminal Record Check
4312.6 Personnel Files
4319.23 Unauthorized Release Of Confidential/Privileged Information
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4319.42 Exposure Control Plan For Bloodborne Pathogens
4319.42 Exposure Control Plan For Bloodborne Pathogens
4319.42-E(1) Exposure Control Plan For Bloodborne Pathogens
5125 Student Records
5125 Student Records
9000 Role Of The Board
9005 Governance Standards
9010 Public Statements
9200 Limits Of Board Member Authority
9230 Orientation
9321 Closed Session
9321-E(1) Closed Session
9321-E(2) Closed Session