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I’m a reporter covering a recent school board meeting where there was a split vote to approve a 6% raise and contract extension for the superintendent.
During the discussion, the board president cut it short, citing “strict and legal rules” about what they could disclose from executive sessions.
Could you clarify what school trustees are legally prohibited from discussing publicly regarding superintendent contracts and the negotiation process?
Any insight on the legal boundaries would be greatly appreciated.
Thanks for your question.
Individual board members can certainly explain why they voted the way they did on the superintendent’s raise and contract extension without revealing what was discussed in executive session.
The New York State School Board Association outlined the following regarding executive sessions in a guide they published in 2015:
Pursuant to General Municipal Law, school board members, district officers, and employees may not disclose confidential information acquired in the course of their official duties (Gen. Mun. Law § 805-a(1)(b)).
a. The General Municipal Law does not define the term “confidential information.” According to one state court, interpretation of what is confidential in the school context is best left to the commissioner of education (Komyathy v. Board of Educ. Wappinger CSD No. 1, 75 Misc.2d 859).
According to the commissioner of education, matters discussed in a lawfully convened executive session are confidential, and their disclosure constitutes a violation of the General Municipal Law’s prohibition, as well as a violation of a school board member’s oath of office. This could subject a school board member to removal from the board (Application of Nett and Raby, 45 Ed. Dep’t Rep. 259 (2005)). There would be no such violation if a board collectively decides to release such information or if an individual board member is compelled to disclose it pursuant to law in a judicial proceeding (Id.).
Note: The Executive Director of the Committee on Open Government has stated that information discussed in executive session may be disclosed unless a specific statute requires confidentiality (NYS Department of State, Committee on Open Government OML-AO-4489, Sept. 20, 2007; see also OML-AO-3463, May 28, 2002; OML-AO-3449, April 30, 2002; OML-AO-3219, Oct. 26, 2000). However, the commissioner of education considers that view a “narrow interpretation of the term ‘confidential’” (Application of Nett and Raby).
As indicated above, the NY Committee on Open Government has a different view regarding executive sessions and what can be disclosed. As stated in their opinion:
https://docsopengovernment.dos.ny.gov/coog/otext/o4530.html
“Since a public body may choose to conduct an executive session or discuss an issue in public, information expressed during an executive session is not ‘confidential.’ To be confidential, again, a statute must prohibit disclosure and leave no discretion to an agency or official regarding the ability to disclose.”
Hope this helps.