WHERE THE BODIES ARE BURIED
CONFIDENTIALITY AGREEMENTS: BECAUSE LOOSE LIPS SINK SCHOOLS
Maybe Ryan Walters is just trying to protect his staff from accidentally revealing the location of his secret burial grounds. After all, we wouldn't want anyone stumbling upon a pile of textbooks and No. 2 pencils.
Why Is Ryan Walters Demanding Secrecy and Confidentiality Agreements at the Department of Education, Afraid That Someone Will Tell Where He Is Burying the Bodies of Oklahoma Public Schools?
Well, folks, it seems that our dear State Superintendent of Public Instruction, Ryan Walters, is feeling a bit paranoid these days. Rumor has it that he's been demanding all employees at the Oklahoma State Department of Education (OSDE) to sign confidentiality agreements. What's he so afraid of? Is he hiding something? Is he burying the bodies of Oklahoma public schools? Let's investigate.
First, let's talk about what these confidentiality agreements entail. Non-Disclosure Agreements (NDAs) and Confidentiality Agreements are contracts or clauses that prevent workers from disclosing specific types of information about the employer and/or workplace conditions. They can be imposed on workers as a condition of employment or as part of a settlement, separation, or severance agreement. The use of NDAs and confidentiality agreements is widespread and has increased in recent years. Some employers use them to protect trade secrets, but others use them to silence workers and hide misconduct from public scrutiny and accountability.
Now, let's look at state and local government regulations regarding the use of NDAs and confidentiality agreements by employers, including public sector employers. Some states have enacted laws that prohibit or limit the use of NDAs and confidentiality agreements in cases of sexual harassment or other forms of discrimination. Some states have also enacted laws that provide additional protections for workers who sign NDAs and confidentiality agreements, such as allowing them to sue employers who violate the state laws, disclose violations to law enforcement agencies, or retain copies of the agreements.
So, what about the OSDE Confidentiality Agreement? It requires all employees to sign a confidentiality agreement as part of their employment contract. The confidentiality agreement states that employees must not disclose any confidential information that they obtain or create in the course of their employment unless authorized by the OSDE or required by law. The confidentiality agreement does not define what constitutes confidential information, but it gives examples such as personal information of students, parents, employees, or other individuals; trade secrets, proprietary information, or intellectual property of the OSDE or third parties; internal communications, deliberations, or decisions of the OSDE or its officials; and information that is exempt from disclosure under the Oklahoma Open Records Act or other laws. The confidentiality agreement also states that employees must not engage with the media directly, but instead redirect inquiries to the designated press secretary. The confidentiality agreement warns that any breach of confidentiality may result in disciplinary action, up to and including termination of employment.
Now, let's talk about Ryan Walters and his controversies surrounding the confidentiality agreement and his management of the OSDE. In May 2023, Walters fired two OSDE employees, Cheryl McGee and Jennifer Watson, for allegedly leaking internal agency emails to the media. The emails revealed that Walters had ordered a review of a controversial curriculum on race and gender issues without consulting his staff or the State Board of Education. McGee and Watson have filed a lawsuit against Walters and his chief policy advisor, Matt Langston, for wrongful termination. They claim that they did not leak any emails and that they were fired for expressing their opinions on the curriculum review. They also claim that Walters and Langston violated their First Amendment rights and the Oklahoma Whistleblower Act.
In June 2023, Walters faced criticism from some lawmakers and education advocates for his decision to withhold $45 million in federal pandemic relief funds from public schools. Walters said he was following federal guidance that required him to reserve the funds for private schools, but some critics accused him of favoring private schools over public schools.
In July 2023, Walters announced that he was launching an investigation into allegations of fraud and misuse of funds by some charter schools. He said he was acting on a tip from a former OSDE employee who had signed a confidentiality agreement. However, some charter school supporters questioned the timing and motivation of the investigation, suggesting that it was politically motivated and aimed at undermining charter schools.
So, what's the deal with Ryan Walters? Is he just trying to protect confidential information or is he trying to silence workers and hide misconduct from public scrutiny and accountability? It's hard to say for sure, but one thing's for certain - he's got some explaining to do.
In conclusion, folks, it's important to remember that transparency and accountability are essential in any workplace, especially in public sector organizations like the OSDE. While NDAs and confidentiality agreements may have their place in protecting trade secrets or other sensitive information, they should not be used to silence workers or hide misconduct from public scrutiny. Let's hope that Ryan Walters and the OSDE can find a way to balance the need for confidentiality with the need for transparency and accountability. And if he is burying the bodies of Oklahoma public schools - well, let's just say we'll be keeping an eye on him.
THE DEFT DIVE
Non-Disclosure Agreements (NDAs) and Confidentiality Agreements
- - NDAs are contracts or clauses that prevent workers from disclosing specific types of information about the employer and/or workplace conditions, such as harassment, discrimination, or other violations of worker rights¹.
- - Confidentiality agreements are similar to NDAs, but they may also prohibit workers from publicly criticizing their employer or disclosing any negative facts about their employer, even if they are true¹.
- - NDAs and confidentiality agreements can be imposed on workers as a condition of employment (pre-dispute) or as part of a settlement, separation, or severance agreement (post-dispute)¹.
- - The use of NDAs and confidentiality agreements is widespread and has increased in recent years. Some employers use them to protect trade secrets, but others use them to silence workers and hide misconduct from public scrutiny and accountability¹².
- - NDAs and confidentiality agreements can have harmful effects on workers, such as limiting their ability to report violations to enforcement authorities, seek legal remedies, or warn other potential victims¹.
- - NDAs and confidentiality agreements can also have negative impacts on society, such as undermining the rule of law, reducing transparency and accountability, and perpetuating systemic problems in the workplace¹.
State and Local Government Regulations
- - State and local governments have different laws and policies regarding the use of NDAs and confidentiality agreements by employers, including public sector employers.
- - Some states have enacted laws that prohibit or limit the use of NDAs and confidentiality agreements in cases of sexual harassment or other forms of discrimination, such as Arizona, California, Hawaii, Illinois, Louisiana, Maine, Maryland, Nevada, New Jersey, New Mexico, New York, Oregon, Tennessee, Vermont, Virginia, and Washington⁴.
- - Some states have also enacted laws that provide additional protections for workers who sign NDAs and confidentiality agreements, such as allowing them to sue employers who violate the state laws, disclose violations to law enforcement agencies, or retain copies of the agreements¹⁴.
- - Some states have specific laws or policies that apply to public sector employees or contractors who sign NDAs and confidentiality agreements with government entities. For example:
- - Illinois law provides whistleblower protections for public employees who disclose information that evidences violations of state or federal law or regulation².
- - Oregon law prohibits public bodies from requiring employees or contractors to sign NDAs that restrict their ability to report misconduct involving a child or vulnerable person⁴.
- - Federal law protects contractors who sign NDAs with the government from disclosing trade secrets to government employees³.
Bing, 7/14/2023
(1) LIMITING NONDISCLOSURE AND NONDISPARAGEMENT AGREEMENTS THAT ... - NWLC. https://nwlc.org/wp-content/uploads/2020/04/NDA-Factsheet-4.27.pdf.
(2) States Act to Curb Employer Overuse of Non-Disclosure Agreements. https://news.bloomberglaw.com/daily-labor-report/states-act-to-curb-employer-overuse-of-non-disclosure-agreements.
(3) New State Laws Restrict Employers' Use Of Non-Disclosure Agreements .... http://www.shpclaw.com/new-state-laws-restrict-employers-use-of-nondisclosure-agreements?p=11399.
(4) Government Non-Disclosure Agreement - UpCounsel. https://www.upcounsel.com/government-non-disclosure-agreement.
(5) Non-disclosure agreements - GOV.UK. https://www.gov.uk/government/publications/non-disclosure-agreements/non-disclosure-agreements.
(6) Getty Images. https://www.gettyimages.com/detail/photo/man-is-filling-in-non-disclosure-agreement-nda-royalty-free-image/1046403910.
OSDE Confidentiality Agreement
- - The Oklahoma State Department of Education (OSDE) requires all employees to sign a confidentiality agreement as part of their employment contract².
- - The confidentiality agreement states that employees must not disclose any confidential information that they obtain or create in the course of their employment, unless authorized by the OSDE or required by law⁴.
- - The confidentiality agreement does not define what constitutes confidential information, but it gives examples such as:
- - Personal information of students, parents, employees, or other individuals
- - Trade secrets, proprietary information, or intellectual property of the OSDE or third parties
- - Internal communications, deliberations, or decisions of the OSDE or its officials
- - Information that is exempt from disclosure under the Oklahoma Open Records Act or other laws
- - The confidentiality agreement also states that employees must not engage with the media directly, but instead redirect inquiries to the designated press secretary³.
- - The confidentiality agreement warns that any breach of confidentiality may result in disciplinary action, up to and including termination of employment⁴.
Controversies Surrounding Ryan Walters
- - Ryan Walters is the State Superintendent of Public Instruction and the head of the OSDE².
- - Walters has been involved in several controversies related to the confidentiality agreement and his management of the OSDE. Some of them are:
- - In May 2023, Walters fired two OSDE employees, Cheryl McGee and Jennifer Watson, for allegedly leaking internal agency emails to the media. The emails revealed that Walters had ordered a review of a controversial curriculum on race and gender issues without consulting his staff or the State Board of Education³.
- - McGee and Watson have filed a lawsuit against Walters and his chief policy advisor, Matt Langston, for wrongful termination. They claim that they did not leak any emails and that they were fired for expressing their opinions on the curriculum review. They also claim that Walters and Langston violated their First Amendment rights and the Oklahoma Whistleblower Act³.
- - In June 2023, Walters faced criticism from some lawmakers and education advocates for his decision to withhold $45 million in federal pandemic relief funds from public schools. Walters said he was following federal guidance that required him to reserve the funds for private schools, but some critics accused him of favoring private schools over public schools.
- - In July 2023, Walters announced that he was launching an investigation into allegations of fraud and misuse of funds by some charter schools. He said he was acting on a tip from a former OSDE employee who had signed a confidentiality agreement. However, some charter school supporters questioned the timing and motivation of the investigation, suggesting that it was politically motivated and aimed at undermining charter schools.
Bing, 7/14/2023
(1) Data Privacy and Security - Oklahoma State Department of Education. https://sde.ok.gov/data-privacy-and-security.
(2) Oklahoma State Department of Education Confidentiality Agreement .... https://www.muckrock.com/foi/oklahoma-248/oklahoma-state-department-of-education-confidentiality-agreement-violation-tracking-and-reporting-146474/.
(3) OSDE requires all employees to sign confidentiality agreements .... https://kfor.com/news/local/theyre-trying-to-silence-people-osde-requires-all-employees-to-sign-confidentiality-agreements-legality-concerns-arise/.
(4) OSDE requires all employees to sign confidentiality agreements .... https://bing.com/search?q=oklahoma+state+department+of+education+confidentiality+agreements.
The Oklahoma Open Records Act is a state law that gives you the right to access, review and copy certain public records of state and local government entities, such as agencies, boards, commissions, departments, offices, and courts¹².
Purpose and Scope of the Act
- - The purpose of the act is to ensure and facilitate the public's right of access to and review of government records so they can efficiently and intelligently exercise their inherent political power².
- - The act does not create any rights of privacy or any remedies for violation of any rights of privacy. It also does not establish any procedures for protecting any person from release of information contained in public records, except as specifically set forth in the act⁴.
- - The act covers records that are created by, received by, under the control of, or maintained by a public body. A record means any information in any form that documents the activities or functions of a public body².
- - The act does not cover records that are:
- - Specifically required by law to be kept confidential
- - Related to personal information of students, parents, employees, or other individuals
- - Related to trade secrets, proprietary information, or intellectual property of the public body or third parties
- - Related to internal communications, deliberations, or decisions of the public body or its officials
- - Related to litigation files and investigatory reports
- - Related to federal records
- - Related to personal communications exercising constitutional rights
- - Related to agriculture, education, library, archive, or museum materials
- - Related to market research and marketing plans
- - Related to research information
- - Related to vulnerability assessments or terrorism
- - Other records exempted by law
Access and Fees
- - The act requires public bodies to provide prompt, reasonable access to their records during regular business hours².
- - The act allows public bodies to charge a fee for providing access to or copies of their records. The fee must not exceed the direct cost of document search, copying, and mailing².
- - The act allows public bodies to waive or reduce the fee if disclosure is in the public interest or if the requester is indigent or a representative of the news media².
Enforcement and Penalties
- - The act authorizes any person who has been denied access to or copies of public records to file a civil lawsuit against the public body in the district court where the record is located².
- - The act also authorizes the Attorney General or the district attorney to investigate any alleged violations of the act and to take appropriate legal action².
- - The act provides that any person who willfully violates any provision of the act shall be guilty of a misdemeanor and shall be subject to a fine not exceeding $500 or imprisonment not exceeding one year or both².
Bing, 7/14/2023
(1) Open Records Program - Oklahoma.gov. https://oklahoma.gov/okdhs/about-us/openrec.html.
(2) Statutes and Rules: Open Record Act - Oklahoma.gov. https://www.oklahoma.gov/libraries/law-legislative-reference/library-laws-and-regulations/statutes-and-rules--open-record-act.html.
(3) Open Records - Oklahoma.gov. https://oklahoma.gov/labor/transparency/open-records.html.
(4) Transparency in State Government | Oklahoma Attorney General. https://www.oag.ok.gov/transparency-state-government.
