Board of Education members must follow strict rules when it comes to discussing certain issues in public. There are several topics that are subject to strict confidentiality. For this purpose, often the Board will convene an “executive session,” where the public is not invited to hear what is being discussed. Even if there is a vote needed on a particular subject as a result of discussions in executive session, anything and everything must be kept confidential. Board votes are always in public, however.
Board members must abide by a Code of Ethics which is defined in law (School Ethics Act: N.J.S.A. 18A:12-24.1). Any violation of the Code of Ethics could result in not only legal action, but removal from the Board of Education. The code item that refers to confidentiality reads: “I will hold confidential all matters pertaining to the schools which, if disclosed, would needlessly injure individuals or the schools.” It sounds fairly simple, but there are countless examples of New Jersey board members not keeping information confidential.
Some examples of what we cannot discuss with the public include all personnel matters involving district employees, including performance evaluations and disciplinary matters. Also, any matters involving individual students, including disciplinary matters, must be kept in strict confidence and not discussed in public. Both students and employees have individual rights that must be respected. Details of labor negotiation contract discussions cannot be disclosed in public. Other legal matters, such as pending contract matters and litigation matters, cannot be discussed in public. Revealing information on confidential matters discussed in executive session can trample individual rights and jeopardize legal and contract matters until they are finalized.
Confidentiality isn’t always forever in some cases. Once a contract is finalized or pending litigation is resolved, there is no longer a need for confidentiality. For some topics; for example, student and employee information, the need for confidentiality is permanent.
So, when one questions the Superintendent or Board President in the public comment portion of a Board of Education meeting, and one does not get the information or full response that one is seeking, understand that we have to abide by the law – the Code of Ethics. We are not being evasive or rude; we are responding in a manner that will not jeopardize individuals, the schools, or ourselves.
Board Bit Of The Month
The Board of Education meets all year long… even in the summer. In addition to regular scheduled meetings, there are committee meetings that take place. Also in the summer, the Board met for a “retreat” meeting to hear a presentation on a relevant topic. No such thing as “school’s out” for the Board members!
The members of the Pennsauken Board of Education are Nick Perry (President), Dung Nguyen (Vice President), Armando Diaz, Michael Hurley, Diane Johnson, Dr. Allyson Meloni, Leona Moss, Meg Snyder, and JoAnn Young. For more information on the Board of Education, visit Pennsauken.net.
