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Opinion Letter No. 06-07
October 30, 2006
Executive Meeting Minutes Re: Employee Evaluation
After the Board of Education (“BOE”)
denied separate requests to access portions of BOE’s executive
meeting minutes (“the Minutes”) related to the evaluation
of Dr. James Shon, then Executive Director of the Charter School Administrative
Office and the audiotape of the meeting, requesters appealed that
denial to OIP. Although the Sunshine Law recognizes that a board may
withhold executive meeting minutes to avoid frustration of its ability
to protect certain matters properly discussed in a closed meeting
under the Sunshine Law, the Sunshine Law also recognizes that, at
a future point in time, the need to maintain the confidentiality of
information contained in an executive meeting’s minutes may
end. OIP determined that BOE must disclose
portions of the Minutes and the audiotape recording reflecting the
motions voted on regarding Dr. Shon’s retention as well as
the votes cast by the individual BOE members on those motions. Disclosure
of these portions would not defeat the executive meeting’s
lawful purpose of protecting the privacy interests of Dr. Shon in
light of the fact that BOE’s decision to not continue his
appointment was made public and given the strong public interest
in knowing how the elected BOE members are performing their duties.
In addition, OIP found that BOE must also disclose those portions
of the Minutes and the audiotape recording reflecting its discussion
related to certain procedural issues and other matters unrelated
to Dr. Shon as BOE did not provide any reasonable basis to justify
withholding that information. However, the remaining portions of
the Minutes and audiotape recording comprising Dr. Shon’s
evaluation itself, including BOE’s discussion and deliberations
on Dr. Shon’s retention, may be withheld.
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