Unauthorized Release of Confidential/Privileged Information

MJUSD
DIVISION 4000
ALL 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 student records are not subject to public disclosure under Government Code 6252-6260.

Any employee who willfully releases confidential/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 Board's employer-employee strategies on matters in negotiations or matters to be placed in negotiation.

Any employee who willingly and for monetary gain uses or discloses confidential/privileged information as defined in Government Code 1098 is guilty of a misdemeanor. (Government Code 1098)

Any action by an employee that inadvertently or carelessly results in release of confidential/privileged information shall be recorded, and the record shall be placed in the employee's personnel file. Depending on the circumstances, the Superintendent or designee may deny the employee further access to any privileged 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
54957.6 Closed session, representatives to employee organization(s); state conciliator

Labor Code
1102.5 Employees: disclosure of information

United States Code, Title 20
1232g Family Education Rights and Privacy Act

First Reading: 12/5/00

Governing Board Adoption: 1/17/01

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