2270

SCHOOL ATTORNEY

The Board of Education will appoint a School Attorney for the district.  The Board will set his/her term of service at the time of the appointment.  The Attorney must be admitted to the bar of New York State.  The Attorney will be the legal advisor to the Board.  In that capacity, the Attorney's duties will be as follows:

• to advise the Board with respect to all legal matters relating to the district, including but not limited to, interpretation of the Education Law of the State of New York, and all other statutes, rules or regulations affecting the district;
• to be easily accessible to the Board and the Superintendent of Schools (and at the discretion of the Superintendent, to his/her administrative staff) with respect to legal matters issuing out of the day to day administration of the district;
• to review and to represent the district in the preparation of any and all contracts which the district may be obliged to execute (other than purchase orders usually issued for the purchase of goods, equipment and services);
• to advise and assist in matters of litigation;
• to review, when requested, the legality of rules or regulations to be adopted by the Board;
• to prepare, when requested, all notices and documents necessary for the annual or special meeting of the voters of the district;
• to prepare legal notices when necessary in connection with the normal business of the district;
• to prepare any options and deeds of conveyance that the district may make, and the examination of abstracts, titles, deeds and other papers concerning any properties that the district may want to dispose or acquire;
• to attend, when requested, the Superintendent's hearings concerned with discipline of students or employees;
• to attend, when requested, meetings of the Board;
• to review and approve all notices, bids and contracts connected with a project;
• to act s an intermediary with the bonding attorney;
• to represent the district in any litigation that may arise out of a project when necessary; (see note)
• to advise on the sale of bonds;
• to represent the district in all legal matters related to a project;
• to review and advise with respect to any process served upon the district; and
• to recommend special counsel be retained as he or she may deem necessary in the circumstances, subject to the approval of the Board.

All communications between the School Attorney and the district personnel will be directed through the Board President or Superintendent of Schools, except unusual circumstances.  If inquiries are addressed directly to the School Attorney by other school personnel, responses in writing will be channeled through the Board President or Superintendent.

The district, when seeking to retain a School Attorney, will first locate prospective qualified lawyers/law firms by:

• advertising in trade journals;
• checking listings of lawyers/law firms; or
• making inquiries of other districts or other appropriate sources.

The district will then prepare a well planned, written request for a proposal, which will contain critical details of the services sought and submit this request to prospective applicants.

In selecting a School Attorney, the district will consider the cost of a retainer (or hourly fee) as well as such other factors as:

• the special knowledge or expertise of the lawyer/law firm;
• the quality of the service provided by the lawyer/law firm;
• the staffing of the lawyer/law firm; and
• the lawyer's/law firm's suitability for the district's needs.

The district will maintain documentation of the written proposals submitted by lawyer/law firm applicants for the position of School Attorney.

In addition to the annual retainer (or hourly fee), the Attorney shall be reasonably compensated for:

• all services rendered in connection with litigation and appeals to the Commissioner of Education, state or federal courts, brought by or against the district, the Board or the Superintendent, in addition to those rendered pursuant to the retainer agreement;
• all services rendered in connection with bond issues or similar financial transaction;
• assistance, when requested, in contract negotiations with representative of employees and in the drafting of negotiated contracts;
• legal services, when requested, with respect to any grievances that may be filed by employees or their representatives;
• tenure and related type hearings; and
• such services as shall not be reasonably included within the specified duties enumerated as attorney duties.

(Note: By virtue of the district's insurance coverage, an attorney may be designated by the insurance carrier to provide legal services regarding certain legal matters.)

A policy covering selection of the school attorney is required if the district employs an outside attorney, pursuant to section 104 of the General municipal Law.

Adoption date: April 11, 2006

Reviewed on:    11/5/2007