topleft CSBA.org >  Services >  Governance Technology > 

Alameda City USD  |  BB  9124  Board Bylaws

Attorney   

arrow Previous bar Next arrow

The Board of Education recognizes the complex legal environment in which districts operate and desires reliable, high-quality legal advice at reasonable rates. The Board shall appoint a General Counsel to meet the needs of the district. The Board also supports pursuing collaborative legal efforts with other agencies and districts as appropriate.

Duties of Legal Counsel

The General Counsel shall:

1. Render legal advice to the Board, the Superintendent or designee and other officials and employees of the district

2. Serve the Board and Superintendent or designee, other officials and employees in the preparation and conduct of district litigation and administrative proceedings.

3. Render advice on school bond and tax increase measures and prepare the necessary forms for the voting of these measures.

4. Manage and direct the Office of the General Counsel and engage, oversee, and manage all outside counsel performing legal work on behalf of the district.

5. Perform other administrative duties as assigned by the Board or requested by Superintendent or designee. (Education Code 35041.5)

Contacting Legal Counsel

At his/her discretion, the Board president or Superintendent may confer with district legal counsel subject to any limits or parameters established by the Board. In addition, the Superintendent or Board president may contact district legal counsel to provide the Board with legal information or advice when so directed by a majority of the Board.

Individual Board members other than the Board president may not seek advice from district legal counsel on matters of district business unless so authorized by a majority of the Board.

Legal Reference:

EDUCATION CODE

35041 Administrative adviser

35041.5 Legal counsel

35161 Powers and duties of governing board

35200-35214 Liabilities, especially:

35204 Contract with attorney in private practice

35205 Contract for legal services

GOVERNMENT CODE

814-895.8 Liability of public entities and public employees

995-996.6 Defense of public employees

26520 Legal services to school districts

53060 Special services and advice

Management Resources:

CSBA PUBLICATIONS

The Brown Act: School Boards and Open Meeting Laws, rev. 2007

Maximizing School Board Leadership: Boardsmanship, 1996

NATIONAL SCHOOL BOARDS ASSOCIATION PUBLICATIONS

Selecting and Working with a School Attorney: A Guide for School Boards, 1997

WEB SITES

CSBA: http://www.csba.org

California Council of School Attorneys: http://www.csba.org/LegislationAndLegal/Legal/CaliforniaCouncilOfSchoolAttorneys.aspx

National School Boards Association: http://www.nsba.org

State Bar of California: http://www.calbar.ca.gov

Bylaw ALAMEDA UNIFIED SCHOOL DISTRICT

adopted: August 25, 2009 Alameda, California