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In addition, “a settlement agreement is a contract,” and thus falls under the negotiation of contract exemption, he said. Also, the case still is pending, so the terms are exempt under the relevant to litigation exemption, he said. Those aside, the school district entered into a confidentiality agreement as part of the settlement, said Lambek, who took issue with the suggestion that district officials were refusing to divulge information about the terms. “The settlement agreement contains a confidentially agreement. We are required to honor that,” Lambek said. “If the Public Records Act requires that we produce something then we have to produce it, but we can’t otherwise divulge it.” Once the case is closed out, Lambek said, he would reassess his position about whether the terms are a matter of public record. He couldn’t say whether his position would change. Lambek is active on the American Civil Liberties Union of Vermont board of directors. The settlement is covered by the district’s former insurance company, Liberty Mutual. Lambek declined to answer questions surrounding the school district’s deductible, if any. The Hartford School Board discussed the settlement terms in executive session, Lambek said.
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