Guidance, counsel and representation provided by the School Board Attorney's Office includes, but is not limited to
the preparation of all litigation and related matters
rendition of legal opinions for the Board and Superintendent
attendance at School Board meetings and, as appropriate, meetings
of the Superintendent and administration
the drafting and preparation of legal documents, policies, rules, regulations, resolutions, applications and other legal or quasi-legal papers or documents upon request
a variety of other attendant functions and duties as directed by the school Board or upon request by the Superintendent.
| Role of the School Board Attorneys to the School
Board, Individual School Board Members, the Superintendent of Schools,
and the Superintendent's Staff |
The primary and central role of the School Board Attorney
is to ensure that the School Board as a duly constituted political subdivision
of the state and constitutionally-created body is at all times provided
sound professional legal guidance and representation. In this role,
the Board Attorney is required to provide all manners of legal guidance
and representation in the delivery of legal services to the Board as
a whole, which includes but is not limited to, the rendering of legal
opinions, the requesting of opinions from various entities such as the
Attorney General, the Florida Commission on Ethics, and others; serving
as the School Board's Parliamentarian in following the guidelines of
Robert's Rules of Order at all School Board meetings; preparing and
representing the Board in all legal matters, issues, and litigation.
Board Rule 6Gx13-1C-1.021 provides for indemnification
and defense of Board members and the Superintendent (through outside
counsel or inhouse) involving claims arising from the performance of
their official duties. Normally, however, the School Board Attorney
represents and advises the School Board as a body corporate. When a
member asks for a legal opinion about a Board-related matter such as
an agenda item, the response goes to the Board as a whole. The Board
Attorney's contract states: "The Attorney will not be required
to provide legal representation to individual members of the Board,
or render legal opinions to the general public."
Similarly, the Board Attorney, to ensure the School
Board quality legal representation and to minimize legal liability in
the implementation of School Board policies, may act to provide legal
advice and consultation to the Superintendent of Schools and his staff.
This authorization by the School Board to the Board Attorney necessarily
requires and encourages a close working relationship with the Superintendent
and staff in meetings and in day to day interaction. The Board Attorney
is empowered to represent, advise and counsel the Superintendent or
his staff insofar as this legal representation serves the interest of
the Board, is not in conflict with Board policies, rules, regulations
and procedures. In the event of formal legal representation of the Superintendent
or his staff in their individual capacity, authorization for representation
is sought by the Board Attorney's Office through School Board approval
and consistent with Board Rule 6Gx13-1C-1.021.
