Disclosure to Courts

Subpoenas

Section 28(2) will also allow the disclosure of records when a subpoena is issued. The records requested in a subpoena should not be released prior to attendance in court unless there is another specific section of section 28(2) or regulation 10 of LAFOIP that allows the board of education (board) to do so. Once the witness attends at the court the release of the documents will be determined by the judge.

A supervisor may be subpoenaed to appear in court and may be asked to bring the employment record of an employee. Employment records and files are the property of and in the control of the board. It is the board that must determine whether or not the person subpoenaed will have access to the file for the purposes of bringing it to court.

In many cases a conversation with the lawyer acting for the party that issued the subpoena will help to clarify the purpose of the request and the type of information that is being requested.

For further information about an employee receiving a subpoena view the page “Served with a Subpoena? What to Do.”

Court Orders

Section 28(2)(b) provides that records may be released pursuant to an order made by a court or other body that has the authority to compel the production of information. This would include bodies such as the Labour Relations Board, arbitrators and tribunals.

A written copy of the order should be requested and the terms should be followed. If there are any questions about the order or its terms legal counsel should be consulted. A copy of the order and a list of the information that was disclosed should be kept on the file.