BB 9124 — Attorney
Section: 9000 - Board Bylaws
Status: Active
Adopted: 2019-03-12
Revised: 2024-04-18
Policy text
ATTORNEY
The Governing Board recognizes the complex legal environment in which districts operate and desires reliable, high-quality legal advice at reasonable rates. In order to meet the district’s legal needs, the Board may contract with county counsel, attorneys in private practice, or appoint legal counsel as a district employee or independent contractor. The Board also supports pursuing collaborative legal efforts with other agencies and districts as appropriate.
Retaining Legal Counsel
When the district is seeking legal advice or representation, the Superintendent or designee shall identify prospective attorney(s), firm(s), and/or legal services entity(ies).
The district may, but is not required to, initiate a Request for Proposals to advertise and solicit proposals for legal services. In evaluating the prospective attorney(s), firm(s), and/or entity(ies), the Board and Superintendent may consider the attorney’s, firm’s, and/or entity’s background, experience, and relevant legal reputation; experience advising and representing school districts in California; fees; and experience of attorneys at the firm who will provide legal services.
Any attorney representing the district shall be admitted to practice law in California. (Education Code 35041.5)
The Superintendent shall periodically evaluate the performance of the firm(s) and/or attorney(s); the efficiency and adequacy of advice; the results obtained for the district; the reasonableness of fees; and the responsiveness to and interactions with the Board, administration, and community. The superintendent shall make recommendations to the Board based on the evaluation of performance. The Board may use such evaluation(s)/recommendation(s) to determine whether to renew any current agreement(s) for legal services.
The Board may also contract for specialized legal services, as appropriate, when a majority of the Board determines that the unique demands of a particular issue or emergency situation require such representation.
Contacting Legal Counsel
At their discretion, the Board president, Superintendent, or designee may confer with district legal counsel subject to any limits or parameters established by the Board. In addition, the Superintendent, designee, 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
EDUCATION CODE - EDC
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 - GOV
814-895.8 Liability of public entities and public employees
995-996.6 Defense of public employees