El Dorado Union HSD | BB 9124 Board Bylaws
The Governing Board recognizes the complex legal environment in which school districts operate and desires reliable, dependable legal advice at reasonable rates. In order to meet the district(s) legal needs, the Board may contract with the county counsel, attorneys in private practice, or appoint legal counsel as a district employee or independent contractor. The Board also supports collaborative legal efforts with other agencies and districts as appropriate.
(cf. 3320 - Claims and Actions Against the District)
(cf. 3400 - Management of District Assets/Accounts)
(cf. 4312.1 - Contracts)
(cf. 9000 - Role of the Board)
(cf. 9260 - Legal Protection)
Duties of Legal Counsel
The district(s) legal counsel may: (Education Code 35041.5)
1. Render legal advice to the Board and the Superintendent or designee
2. Serve the Board and the Superintendent or designee 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. Perform other administrative duties as assigned by the Board and Superintendent or designee.
Retaining Legal Counsel
When the district is seeking legal advice or representation, the Board charges the Superintendent with considering the firm(s) or attorney(s) background, experience, and reputation in education law; experience advising or representing school districts in California; fees; and experience of attorneys at the firm who will provide legal services.
The Superintendent shall, on an ongoing basis, evaluate the performance of the firm and/or attorneys providing legal services in such areas as efficiency and adequacy of advice; results obtained for the district; reasonableness of fees; and responsiveness to and interactions with the Board, administration, and community. Upon a successful evaluation, the Superintendent may continue counsel without initiating an RFP.
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.
(cf. 9200 - Limits of Board Member Authority)
(cf. 9321 - Closed Session Purposes and Agendas)
35041 Administrative adviser
35041.5 Legal counsel: Relieving duties of county counsel and district attorney
35161 Powers and duties of governing board
35200-35214 Liabilities, especially:
35204 Contract with attorney in private practice
35205 Contract for specialized legal services
814-895.8 Liability of public entities and public employees (in general)
995-996.6 Defense of public employees
26520 Legal services to school district
53060 Special services and advice
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
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 EL DORADO UNION HIGH SCHOOL DISTRICT
adopted: January 26, 2016 Placerville, California