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MPS committee approves changes to board audits policy amid public concerns about 'confidential' classifications
Summary
The committee adopted revisions to Board Governance Policy 2.12 to standardize audit independence and handling of privileged information; public speakers warned the changes could be used to limit public access to records.
The Long Range Planning Committee approved revisions to Board Governance Policy 2.12, which the Office of Accountability and Efficiency said will strengthen the independence of the district’s audit function and standardize procedures for handling privileged information.
Matt Chase of the Office of Accountability and Efficiency told the committee the changes were drafted in collaboration with board legal counsel and the Office of Board Governance. “The intent really is to further the independence of the audit function, provide very clear guidance on the process that is to be followed in handling specific types of information related to audits and investigations, but also to standardize and operationalize, through policy language, the handling and treatment of specific attorney-client privileged information,” Chase said.
The nut graf: While the administration and audit office framed the revisions as best-practice steps to safeguard audit independence and clarify privilege, two public speakers cautioned that the draft language could expand the district’s use of confidentiality and privilege to withhold records from public scrutiny.
Deb Kuether, a public commenter, warned the policy’s use of terms such as “confidential” and “privilege” could be used to shield information that she said should be public. “Confidential records are not privileged and they are not subject to legal protections,” Kuether said. “This entity already abuses the privilege, and I can only see the abuse expanding.”
Director Gokul Gandhi moved to approve the revisions. The secretary called the roll and the motion passed 5-0.
The administration did not propose specific operational changes to audit staffing or budget in the presentation. Officials said legal counsel was available to provide additional clarification if the board requested it.
The committee’s action will be included in the board’s policy updates; public commenters asked the district to clarify definitions and procedures for classifying records as privileged or confidential.
