Section B: Board Governance and Operations
Policy Title: General Counsel
Policy Code: BDG
The Governing Board may employ legal counsel, when, in its discretion, it deems it advisable.
Should the Board elect to employ a General Counsel for the District, the following shall apply:
- Compensation and purpose should be determined at the time of employment.
- One or two Governing Board members shall be members of the committee assigned to interview prospective candidates, unless the Board votes to waive Board member participation on the committee.
- The Board President and Superintendent shall annually evaluate the performance of the General Counsel, after receiving input from each of the other Board members. Each Board member and the Superintendent shall have the opportunity to add an unedited commentary of his or her individual observations or evaluation.
- The Governing Board retains the authority to terminate the employment of General Counsel, in compliance with applicable state laws, District Policy and the General Counsel's employment contract.
General Counsel is expected to represent, advise and assist the District's administration on a daily basis, but shall recognize that the position of General Counsel exists to represent the organization acting through its duly elected Governing Board.
Only the Superintendent, Board President, General Counsel, or their explicit designees are authorized to confer with outside counsel. The District will not be responsible for fees that accrue because of unauthorized individual Board member or staff consultation with outside counsel.
Copies of all written requests for opinions and opinions of outside counsel shall be furnished by the Superintendent to all Board members. Requests for opinions requiring research or substantial amounts of work on the part of outside counsel shall be in writing when practicable. Only the Superintendent may contact outside counsel by telephone or in person regarding matters pertaining to the day-to-day operation of the District.
Adopted: September 12, 2017
LEGAL REF.: A.R.S. 11-532
15-341 Powers and Duties of School District Governing Boards
15-343 Employment of Professional Help
38-431.07 Violations; Enforcement; Removal from Office; In Camera Review