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