Exclusive: MCPS Confidentiality Agreement Exposed

The "public's right to know."

PTA members, parents, and citizens have been forced by MCPS staff to sign "Confidentiality Agreements" in order to participate on Board of Education and MCPS committees for the last couple of years.

Committees such as the MCPS (secret) Operating and Capital budget committees, Site Selection Advisory Committees, Superintendent Selection Committees and curriculum committees have utilized these documents to silence members of the public from discussing public business with the public. 

The Parents' Coalition has obtained a copy of one of these "confidentiality agreements." To our surprise, the document isn't worth the paper it is printed on.

The MCPS "Confidentiality Agreement" references the Maryland Open Meetings Act, as if that act somehow binds participants to a Closed Meeting and to secrecy.  The Maryland Open Meetings Act does neither of these things. 

The Maryland Open Meetings Act only provides exceptions when a meeting can be closed, it does not mandate that a meeting must be closed. That is why a public vote of the meeting participants to go in to a Closed Session is so important.  The participants can vote to keep a meeting open, even if it could be closed under the Maryland Open Meetings Act.  


The public has the right to witness the meeting participants vote to go in to a Closed Session. 

A participant can't be told in advance that meetings will be Closed. It is the decision of the meeting participants, by a public vote, to close a meeting. It is possible that the committee will vote to hold the entire process in full view of the public!


Below is a copy of one of these MCPS "Confidentiality Agreements."

Note:  The Open Meetings Act itself also doesn't prevent participants in a Closed Meeting from walking out the door and discussing what went on in the meeting.  The "not divulge to another person" phrase in the MCPS Confidentiality Agreement is, well, just bullying.

XXXXX COMMITTEE
CONFIDENTIALITY AGREEMENT


I have agreed to be a member of the XXXX Committee to XXXXXX and participate in making a recommendation to the Superintendent of Schools. In carrying out this task, I understand that I will be given access to confidential information and participate in meetings that are closed to the public in order to maintain confidentiality.
I agree that I will not divulge to another person any confidential information or any information discussed or otherwise a part of any closed meeting. I understand that Section 10-508 of the State Government Article, Annotated Code of Maryland, permits closed meetings by the XXXXXXXXX and I recognize and will honor my obligation to maintain the confidentiality of the meetings and materials.
_________________________
Signature
__________________________
Print Name
__________________________
Date