Policy 4.D - BOARD-GENERAL COUNSEL RELATIONSHIP

Date Adopted/Last Revised: January 27, 2009

The purpose of the General Counsel is to ensure that the Board’s actions take place with competent and prudent legal counsel and representation.

1. Accountability of the General Counsel
   1. The General Counsel is accountable to the Board acting as a body, never to any individual Board member or group of members, nor to the Superintendent.
   2. If Board members or committees request information or assistance without Board authorization, the General Counsel may refuse such requests that require, in his/her opinion, an inappropriate amount of staff time or funds or is disruptive. In such a case, the requestor may choose to bring the request to the Board.
   3. General Counsel accountability is for all resources, including personnel, under his or her control. Therefore, any accomplishments or violations due to actions of a subordinate of the General Counsel are considered to be accomplishments or violations by the General Counsel.
   4. The General Counsel may accomplish the “Job Products” of the position in any manner not imprudent, unethical, or in violation of the prohibitions listed below under “Limitations on General Counsel Authority.”
   5. The General Counsel may use any reasonable interpretation of Board policies as they pertain to his/her authority and accountability. The General Counsel is authorized to establish all further policies, make all decisions, take all actions and develop all activities as long as they are consistent with any reasonable interpretation of the Board’s policies.
2. Job Products of the General Counsel
   1. Timely opinion on documents and contemplated decisions or actions of the Board and the Superintendent.
   2. Timely opinion on the legal ramifications of pending or actual laws, regulations, court decisions, and litigation.
   3. Timely opinion on the legality or propriety under the law of the Board’s processes.
   4. Timely opinion on the legality or propriety under the law of pending or actual acts or omissions of any Board member, Board committee or the Superintendent.
   5. When requested or appropriate, alternate language or action to achieve Board or Superintendent intentions in a lawful manner.
   6. Litigation
      1. Advice regarding avoidance of litigation or settlement of potential litigation.
      2. Timely provision to the Board and the Superintendent on the status of settlement negotiations and all threatened/actual litigation.
3. Limitations on General Counsel Authority.
   1. No exercise of authority over Superintendent or staff other than that in the Office of the General Counsel.
   2. No violation of applicable codes of professional ethics and conduct.
   3. No treatment of the public or staff in a disrespectful or unfair manner.
   4. All employees under the General Counsel purview must comply with the same personnel policies, compensation plans and other policies which have been adopted by the Superintendent for all District employees.
   5. No contracting-out of legal services except as justified by excess workload or insufficient expertise of legal staff, and within Board allocated budget for General Counsel’s office.
   6. No expenditures or fiscal encumbrances beyond those authorized under Board policy.
   7. Information shall not unreasonably be withheld from the Superintendent, nor shall General Counsel fail to cooperate with the Superintendent in the performance of his/her official functions.
4. Evaluation of General Counsel performance.
   1. General Counsel accountability is only for job expectations explicitly stated by the Board in this document. Consequently, the provisions herein are the sole basis of any subsequent evaluation of General Counsel performance, though he or she may use any reasonable interpretation of the Board’s words.
   2. The Board may monitor General Counsel performance with respect to these expectations at any time.