The Board shall retain a qualified attorney to serve as general counsel and/or legal firm(s) to handle District legal matters and to receive such compensation as the Board may provide. The duties of the general counsel and/or legal firm shall be as follows:
- Upon request of the Board President or Superintendent, attend the meetings of the Board and act as counselor,
- Render a written opinion on a legal question when requested by the Board or Superintendent
- Prepare or supervise the preparation of all legal papers and documents executed by the Board officers, Superintendent, or other district officials; or approve such papers and documents before execution,
- Provide such opinions or other legal information to the Superintendent, which may be necessary for the immediate or long-range conduct of the District,
- Represent the District as specifically designated by the Board in litigation to which the District may be a party or in which it is interested,
- Represent, the Board in the purchase or sale of any real estate,
- Attend to and act on any matters the Board or Superintendent refers to him/her for supervision, adjustment, and/or disposal,
- Assist and advise the Board in preparing all questions on the ballot for regular or special elections,
- Periodically provide progress reports to the Board and Superintendent on legal matters referred,
- Review and approve legal invoices, if applicable, and
- Perform such other services as requested by the Board or Superintendent.
For external counsel, compensation for duties and services shall be agreed to by the attorney and the Board in the retention agreement that shall set forth the annual retainer and supplemental charges.
Only the President or Superintendent is authorized to contact the attorney on legal matters concerning the District.
The Board’s legal counsel shall not provide personal legal assistance to individual Board members, the Superintendent, or members of the staff unless specifically authorized by the Board.
In any dispute or potential divergence of interests between the Board and Superintendent, either party shall request external counsel to represent his/her interest.
