If approved, Clements' new contract will take effect on June 30.
Bolt and HEPC spokeswoman Ashley Schumaker said they hope to release the terms of Clements' contract immediately after commission members vote Friday.
"We don't release any documentation until it's acted upon," Schumaker said. "That's what we do with all contracts and compensation."
Theresa Kirk, executive director of the state Ethics Commission, said the commission's Open Meetings Committee has never addressed whether the details of a state employee's contract should be publicly released before members of a governing body vote on it.
The committee, however, addressed a related issue in August 2008, Kirk said.
In that opinion, Ethics Commission members noted that there is no provision in the state Open Meetings Act that controls whether meeting documents other than an agenda must be released to the public. These same "pre-meeting packets" of information are almost always given to members of a governing body before a meeting.
"Generally, this issue is controlled by the State's Freedom of Information law, the agency's enabling legislation and applicable privacy laws," commission members wrote in the opinion.
The opinion notes that the state Attorney General's Office might offer further guidance.
Some public bodies, such as the Kanawha County school board, release many of these "other" documents before a meeting.
Deputy Attorney General Dawn Warfield said Friday she would not issue an opinion to the news media over the phone. Generally, she said, personnel laws are not applicable to the state Freedom of Information Act.
When the HEPC receives a recommendation from a school's board of governors, the commission members have the latitude to make changes to the proposal, Schumaker said, but that does not mean they will.
The ability to make those changes raised a general question from Kirk.
"I think it's interesting," she said, "because if they rejected [a contract], is that draft contract subject to exposure?"
Reach Davin White at davinwh...@wvgazette.com or 304-348-1254.