General Counsel

Section B: Board Governance and Operations

Policy Title: General Counsel
Policy Code: BDG

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Employment of Legal Counsel

The Governing Board may employ legal counsel for the District, when, in its discretion, it deems it advisable.

General Counsel for the District

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 Superintendent shall annually evaluate the performance of the General Counsel, after receiving input from each of the Board members.
  • Each Board member and the Superintendent shall have the opportunity to add an unedited commentary to the General Counsel's annual 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.

Outside Counsel

Only the Superintendent, 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 subject to the advance approval of the Governing Board and shall be in writing when practicable.

Adopted: September 12, 2017
Revised: April 23, 2019

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