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July 26, 2011

School's attorney not a school official


School's attorney not a school official
Decisions of the Commissioner of Education #14,595

One of the issues considered by the Commission of Education in Philips v Liverpool Central School District was Philips' objection to a statement made by the District's attorney during a regular meeting of the District's Board of Education.

The Commissioner, citing Matter of McGinley, [Decision 11,244], said that the statement made by the attorney at the Board's meeting to which Philips objected “is not actionable in the context of a Section 310 appeal to the Commissioner” because the attorney is neither a district officer nor district employee.

Further, the Commissioner said that General Municipal Law Section 805-a, which prohibits a board member from discussing confidential information acquired during the course of his or her official duties, does not apply with respect to statements made by the school district's attorney.

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