FancyBox 1.3.4 | Demonstration  

Counsel for the School Board

The School Board Attorney’s office serves the School Board in a variety of ways as prescribed in the following School Board Policies.

Legal Counsel

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The School Board is authorized to employ an attorney to serve as its legal counsel. The School Board is also authorized to employ assistant School Board attorneys and special counsel to assist the School Board Attorney when, in the judgment of the Board, such assistance is necessary. The School Board Attorney also provides legal counsel to the School Board committees and advisory boards.

The Attorney’s office also represents the School Board in most adjudicatory hearings, pursuant to Fla. Stat. Chapter 120, involving employee discipline and dismissals, student expulsions, alternative education assignments, bid protests and contractor debarment appeals.

Non-Public Meetings

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Attorney-Client Sessions - Confidential meetings between the School Board and its attorneys shall comply with the requirements for said meetings as delineated under Florida Statute §286.011(8), which provides in pertinent part that:

. . . (A)ny board or commission of any state agency . . . or political subdivision, and the chief administrative or executive officer of the governmental entity, may meet in private with the entity’s attorney to discuss pending litigation to which the entity is presently a party before a court or administrative agency.

Board Meetings—Policies of Order and Parliamentarian

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The parliamentary authority governing the School Board shall be the most recent edition of Robert's Rules of Order, Newly Revised.

The Board Attorney shall serve as parliamentarian at all Board meetings.

Cone of Silence
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The “Cone of Silence” generally prohibits communication between vendors seeking School Board contracts and School Board members and their staff as well as the Superintendent and his/her staff. However, the “Cone of Silence” does not apply to communication with the School Board Attorney or his or her staff, or with designated school district staff who are not serving on the particular Procurement Committee, to obtain clarification or information concerning the subject solicitation.

Defense and Indemnification of Board Members and Superintendent
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In addition to any insurance coverage provided by the School Board to Board members and the Superintendent, the Board shall indemnify and defend the Board members and the Superintendent to the fullest extent permitted by applicable law. The Board will indemnify and defend Board members and the Superintendent if and whenever a Board member or the Superintendent is involved in any manner (including, without limitation, as a party or as a witness) in any threatened, pending, or completed civil or criminal proceeding arising out of and in the course of performance of assigned duties and responsibilities.

The defense and indemnification obligations of the Board shall include a full defense and indemnification for any and all reasonable expenses and fees incurred by a Board member or the Superintendent or on their behalf in connection with the investigation, defense, settlement or appeal of any such proceeding. No initial finding by the Board, its counsel, independent counsel, or any other person or body shall deprive any Board member or the Superintendent of defense and indemnification.

Notwithstanding the obligation of the Board to pay for the defense and indemnification, Board members and the Superintendent retain the right to select the counsel of their choice at reasonable expenses and fees and oversee, direct and control every aspect of the defense, settlement or appeal of any civil or criminal proceeding.

In any case in which a Board member or the Superintendent pleads guilty or nolo contendere, is found guilty or personally liable as provided in F.S. 111.07, as may be amended, in any such action, a Board member or the Superintendent shall reimburse the Board for any reasonable legal fees and expenses which the Board may have supplied.

Code of Ethics – Permanent Personnel
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The Code of Ethics prohibits School board employees from participation in business decisions in which the employee has a personal or financial conflict of interest. Where an employee has such a conflict of interest, the employee must recuse him or herself from any decision concerning the entity with whom he or she has a relationship.

The reason for such recusal must be stated in writing and filed with the Superintendent and the School Board Attorney prior to or at the time of the action requiring the recusal.

Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response
to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.