Board debates timestamping solicitor comments in minutes, item withdrawn after privilege concerns

The Boyertown Area School District Board of School Directors debated whether to include a timestamp in official meeting minutes to mark when the district solicitor gave legal advice, then withdrew the agenda item after members and district counsel warned about attorney-client privilege and practical limits.

Board members discussed adding a simple timestamp — e.g., “7:17, solicitor comment” — so that citizens and future boards could locate legal input in video archives or minutes without reproducing the full text. Proponents said the marker would help track legal guidance that influenced subsequent decisions.

Solicitor Soltanek opposed the idea during the discussion, saying the change risked waiving attorney-client privilege. “I would strongly oppose that because of the attorney client privilege,” Soltanek said, adding that minutes are not meant to be an official transcript and usually should reflect actions rather than verbatim legal advice. Several board members said they wanted more detailed minutes so the record could be used later if questions arose about whether the board had been advised to take an action.

Board members and counsel debated practical details: whether the minute-taker or the superintendent’s designee would be responsible for adding a timestamp, whether ordinary comments by trustees or administrators should be captured the same way, and how a timestamp alone would affect the legal standing of an omitted substantive opinion. Some members said the only way to make a comment enforceable is to incorporate it into a formal motion or amend the motion at the time of voting.

After extended discussion and a suggestion to involve the solicitor and policy committee for a full policy review, the board president announced that the matter would be withdrawn from the itemized agenda. At 4:56 p.m. in the meeting record the board president stated: “I'm going to officially withdraw item b, the inclusion of the time stamp for board of school directors meeting minutes.” The president directed that the topic be scheduled for policy committee discussion at a later special meeting.

Why it matters: The exchange highlighted friction between transparency goals and legal constraints. Trustees who want a more detailed public record said timestamps would make it easier to find counsel input on video; counsel and some trustees warned that a timestamp could unintentionally disclose privileged advice or create a false impression of enforceability.

The board did not take a formal vote on changing minutes policy; the item was withdrawn for further policy committee consideration with the solicitor present.