Board Members: Authority
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Local Changes (3)
This update to Conroe ISD's BBE (Board Members: Authority) policy adds new language clarifying that public information requested in compliance with law and policy shall be provided promptly and without charge, establishes a framework allowing the District to request Board members to sign confidentiality agreements for confidential public information (with specific requirements), grants Board members the right to seek an Attorney General opinion on confidentiality agreements, specifies that confidential information shall be redacted without charge, and clarifies that attorney-client privileged information is not subject to disclosure to a Board member unless the privilege applies to that member.
Added
- Public information requested in compliance with law and this policy shall be provided promptly and without charge.
- The District may request a Board member who is receiving public information, that is confidential under law, to sign a confidentiality agreement that covers the information and requires that: 1. The information not be disclosed; 2. The information be labeled as confidential; 3. The information be kept securely; or 4. The number of copies made of the information or the notes taken from the information that implicate the confidential nature of the information be controlled, with all copies or notes that are not destroyed or returned remaining confidential and subject to the confidentiality agreement.
- A Board member who has received a request to sign a confidentiality agreement may seek a decision, from the Attorney General, about whether the information covered by the confidentiality agreement is confidential under law.
- Public information that is confidential under law shall be redacted from the information provided to the Board member without charge.
- Information subject to attorney-client privilege is not subject to disclosure to a member of a Board member unless the attorney-client relationship upon which the privilege is based applies to the member. The district shall inform the Board member if information responsive to a request is withheld due to attorney-client privilege.
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- Public Information Access: State law under Texas Government Code § 552.021 requires that public information be made available upon request. This policy adds that Board members will receive that information promptly and at no charge, which goes slightly beyond what the statute specifically spells out for Board member requests.
- Confidentiality Agreements: Texas Government Code § 552.008 allows confidentiality agreements to be used when sharing certain sensitive public information with lawmakers. Conroe ISD is applying that same framework to its own Board members, requiring them to agree to conditions such as keeping information secure and not making unauthorized copies.
- Attorney General Opinions: Under Texas Government Code § 552.008, lawmakers can ask the Attorney General to weigh in on confidentiality agreement disputes. This policy gives Conroe ISD Board members that same option, which is a local extension of a right the statute does not directly grant to school board members.
- Redaction Without Charge: If information must be redacted before it is shared with a Board member, this policy states that the redaction will be provided at no cost. No state statute specifically requires this, making it a local policy decision by the district.
- Attorney-Client Privilege Notice: Texas Government Code § 552.107 allows governments to withhold information protected by attorney-client privilege. This policy adds two local rules: that privilege only applies to a Board member if that member is part of the attorney-client relationship, and that the district must notify the Board member whenever information is withheld on that basis.
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This update to Conroe ISD's BBE (Local) Board Members: Authority policy adds an explicit clarification in the Board Authority section stating that an individual Board member has authority only when acting as a member of the Board in a duly called meeting or when delegated specific authority by Board action.
Added
- An individual Board member has authority only when acting as a member of the Board in a duly called meeting or when delegated specific authority by Board action.
This update to Conroe ISD's BBE (Local) policy on Board Members: Authority adds an explicit sentence clarifying that an individual Board member only holds authority when acting as part of the full Board in a duly called meeting, or when delegated specific authority by Board action.
Added
- An individual Board member has authority only when acting as a member of the Board in a duly called meeting or when delegated specific authority by Board action.