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BOARD MEMBER AUTHORITY

Members of the Board of Education have legal authority for the conduct of the district schools only when acting as a body at a properly convened Board meeting. Board members acting as individuals, outside a convened Board meeting, have no authority over personnel or school affairs.

The Board will not be bound in any way by any individual Board member’s statement or action, unless the Board, through an adopted policy or by a majority vote of the Board membership, has delegated this authority to the individual member.

Information presented and materials distributed during Executive Sessions shall remain confidential at all times.  Regarding the confidentiality of executive session matters, §805-a(1)(b) of the General Municipal Law prohibits Board members from disclosing confidential information acquired in the course of their official duties.

            Requests from individual Board of Education members for the preparation of extensive reports or studies, or for the development of letters on behalf of the Board as a body, must have the consent of a majority of the members of the Board of Education.

Board members, as individuals, have the same privilege and right to access and receive information as any other member of the public.

When visiting a school or district facility, individual Board of Education Members have no more authority than other members of the public.

The members of the Board of Education may review employee personnel records provided that:

1.                  at least one member of the Board requests the Superintendent in advance to present the
            file at an Executive Session in the presence of a majority of the Board.

2.                    the information contained in such records shall only be used by the Board for the
             purpose of aiding Board Members in making decisions regarding personnel matters or
             personnel policies, or otherwise enabling the Board to carry out its legal responsibilities

3.                  reproduction of the records is made and no written notes are taken of the contents of
            employee personnel records.

4.                  personnel records are returned in their entirety to the Superintendent at the conclusion of
            the Executive Session.

Education Law § 1708(2)
General Municipal Law §805-a(1)(b)
8 NYCRR Part 84 

Cross-Ref:        2110 School Board Powers and Duties
9510 Personnel Records
2160 School Board Member Ethics
2160-R School Board Member Ethics -Regulation