BDD(LOCAL) - BOARD INTERNAL ORGANIZATION: ATTORNEY
District Legal Counsel
The Board shall employ an attorney or attorneys, as necessary, to serve as the District's legal counsel and representative in matters requiring legal services. The District shall establish protocols for channeling staff requests for legal advice from the District legal counsel.
Requests for Services
In order to coordinate, monitor, and enhance the quality of legal services for the District, Board members are encouraged to direct requests for legal services, if appropriate, to the Board President, who will either refer the matter to, or recommend that, the office of the chief of staff or District's legal counsel be contacted.
The Board shall have final authority to retain outside counsel. In consultation with the Superintendent, the District's in-house counsel may make recommendations to the Board regarding retention of an attorney or attorneys to represent the District in legal matters. Services to be performed and reasonable fees and expenses to be paid by the District to outside counsel shall be set forth in writing between the Board and the attorney or attorneys.
Referral to Outside Counsel
The chief of staff may refer requests for services to outside counsel under the following circumstances:
The matter at issue requires a response by a specific deadline that, due to other high priority demands, cannot be met by the District legal counsel;
The District does not have adequate resources, such as investigative services, laboratory services, or research staff to handle the matter; or
The matter requires expertise in a specialty area that the District legal counsel cannot readily provide.
Contact with Outside Counsel
Board members, the Superintendent, and the deputy superintendents may contact directly outside legal counsel who have been retained for legal assistance. In such instances, the requestor shall, at the earliest opportunity, notify the Board and/or the chief of staff of the legal counsel, as appropriate.
Report of Legal Advice
Advice from outside legal counsel shall be reported to the Board upon request of the Board or when deemed necessary by the District's legal counsel or Superintendent.