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BOARD POLICY:
An attorney(s) shall be retained to provide legal services to the Board of Education and to provide legal counsel to the Superintendent and his/her staff. The Board may select other special legal counsel as deemed appropriate.
Implemental Procedures:
1. An attorney(s) for the Board of Education shall be appointed at the regular meeting in July for a term of one (1) year or until further order of the Board, whichever comes first.
2. The attorney(s) shall attend Board meetings as requested, give advice and counsel when called upon, and shall attend to all legal matters pertaining to the Board and the school district.
3. The attorney(s) shall be familiar with the agenda so as to give legal advice regarding action to be taken by the Board.
4. A Board member may ask legal counsel for an opinion on a legal issue affecting the Board or the school district, which will not require legal research or significant expenditure of funds. The Board member requesting any such opinion realizes that the opinion may be given to all Board members, since the Board attorney represents the total Board. A Board member desiring a more in-depth opinion or a written legal opinion shall submit the request to the President of the Board or his/her designee who shall submit the request to legal counsel or disapprove the request. A member whose request is disapproved may resubmit the request for discussion by the Board in open Board meeting or executive session, whichever is appropriate.
5. The attorney(s) shall also be available for counsel and service to the Superintendent and his/her staff. An administrator desiring legal advice from Board counsel shall submit such request in the following manner:
a. Requests to contact legal counsel or request legal counsel review contracts and/or other documents shall be documented through the superintendent or his/her designee.
b. The following administrators are authorized by the Superintendent to contact legal counsel directly, however, documentation of contact(s) should be recorded.
Chief Academic Officer
Chief Operations Officer
Chief Financial Officer
Assistant Superintendent of Elementary Schools
Assistant Superintendent of Middle Schools
Assistant Superintendent of High Schools
Assistant Superintendent of Human Resources
Clerk of the Board
Director of Governmental Relations
Division Director of Special Education
Director of Risk Management
6. All written opinions requested by a member of the Board or an administrator shall be delivered to the Clerk of the Board, who shall provide copies of the written opinion to all members of the Board of Education.
7. Decisions regarding the filing of a case, appealing a decision and other decisions of similar importance shall be made by the Board. Legal counsel shall obtain decisions of lesser importance from the Superintendent or designee.
8. Legal counsel shall be regarded as attorney for both the Board and administration unless a specific decision has been made to the contrary in cases where a conflict or potential conflict exists between the Board’s interest and the administration’s interest. In such cases, the decision to have legal counsel act on behalf of only one of the parties shall be clearly communicated to both parties.
9. The attorney(s) or his/her selected representative shall represent the Board and the school district in court and before quasi-judicial or administrative agencies of government as requested.
10. The attorney(s) shall cooperate, assist, and work with special legal counsel as directed by the Board.
11. The attorney(s) will, upon request, provide prior estimates of costs of certain legal undertakings.
Latest Revision Date: February 2007
Previous Revision Date: July 2001 P0450
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