FancyBox 1.3.4 | Demonstration  

Counsel for the Superintendent and Staff/Employees


Non-Public Meetings of the Board

0166

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.

Cone of Silence

6325

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” shall 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.

Legal Services for Employees of the Board

6900, 6905

The Board Attorney is not authorized to represent School Board employees in actions against an assailant. However, upon request by the employee, the principal or immediate supervisor shall submit a request for consultation with the Board Attorney to the appropriate deputy, area or assistant superintendent together with a description of the incident and his/her approval or disapproval of the request. If approved by the appropriate superintendent, the request is forwarded to the Board Attorney who arranges for the consultation.

All employees of the Board are covered by professional liability insurance and the carrier usually undertakes the defense of the employee sued civilly or charged criminally as a result of proper performance of his/her duties. Under some circumstances, nonemployees who are engaged in school-connected activities may also be entitled to this insurance protection (parents acting as chaperones with school approval, for example). Any employee who is sued civilly or charged criminally as a result of school activities should be urged to follow the procedure set forth below in order that the question of entitlement to coverage can be resolved as quickly as possible.

When the employee (or the school-related non-employee) is served with a lawsuit, it is the employee’s responsibility to notify the Board Attorney, telephone (305) 995-1304, and the Division of Rick Management, telephone (305) 995-7130. Notification must be made immediately upon receipt of the suit papers, and these should be delivered to the Office of the Board Attorney at once. Delay can result in the loss of insurance protection or even in the entry of a default judgment against the person sued. The Division of Risk Management and the Board Attorney should be informed immediately when any formal demand for monetary damages resulting from alleged employee action or inaction is received.

When the employee (or school-related non-employee) is arrested or charged criminally, it is the employee’s responsibility to secure his/her own release and to notify the Board Attorney, telephone (305) 995-1304, and the Division of Risk Management, telephone (305) 995-7130. Notification must be made as soon as possible after the charge is made, and the charge should be delivered to the Office of the Board Attorney at once. Delay can result in the loss of insurance protection.

If the Board Attorney or retained counsel is to represent the employee in a case in which the insurance coverage does not apply, the Superintendent of Schools will make that recommendation to the Board. When time does not permit prior recommendation to the Board, the Superintendent of Schools shall authorize the Board Attorney to represent the employee and report his/her action at the next regular meeting of the Board.

Copyright/Research and Publishing
2531; 1231.01; 3231.01; 4231.01

Employees who create a product subject to copyright laws on their own but use School Board’s resources such as duty time, classrooms, teachers or students in creating the product may file a report with the appropriate school Board administrative offices. A committee composed of a representative from the Superintendent‘s office, the Associate Superintendent of Curriculum and Instruction, the Region Superintendent or Assistant/Associate Superintendent involved, and the Board Attorney shall make a final recommendation to the Superintendent of Schools as to the legal interest, if any, of the Board in such copyright or patent.

Purchasing
6320

The competitive bidding process is governed by a variety of Policies and laws that are implemented by the school District’s department of Procurement Management Services. Generally, bidders must comply with the bid specifications as published by the District. However, in the event that Procurement Management Services wishes to make a recommendation of a bid award that deviates from the specification or is irregular in some way, the recommendation should contain the manner in which the bid deviates or is irregular, the reasons for the recommendation of the award, and approval by the Board Attorney.

Approval By School Board Attorney
0156, 6380

All contracts to which the School Board is a party must be submitted to the Board Attorney for drafting or approval as to form and to determine if such contracts meet all relevant and applicable legal requirements as to form and legal sufficiency.

Any requested amendments, modifications, or addenda, to existing contracts must also be submitted to the School Board Attorney for review and approval as to form and legal sufficiency. Whenever possible, standardized form contracts that have been approved by the School Board Attorney shall be employed. Once a contract has been approved as a standard form contract, any future modification to said contract must be presented to the School Board Attorney for approval.

Where a recommendation is submitted to the School Board seeking the authorization of the Board to negotiate and to subsequently formalize a contract, the Agenda Item seeking such authority should, at a minimum, provide the essential terms of the contract, including, but not limited to the following: (1) the scope of the services that are to be provided pursuant to the contract; (2) the maximum monetary value or expenditures permitted under the contract; (3) the date services are anticipated to commence under the contract along with the anticipated date of the end of such services; (4) any terms regarding the Board’s option to renew or to extend the contract for an additional contract period; and (5) any significant terms that are unique/peculiar to the contract. If the proposed written contract is materially inconsistent with the terms authorized by Board action, the School Board Attorney shall not approve the contract.

Initiation of litigation must be reviewed and approved by School Board Attorney.

Standards of Ethical Conduct
0120; 1139; 1210; 3139; 3210; 4210

Employees and students may request a due process hearing for a variety of reasons. If a student is declared indigent by the School Board Clerk, upon certification, the School Board Attorney shall order and pay the cost of the transcript for adjudicatory hearings challenging student expulsions and alternative education assignments.

School Police
8480

The School Board commissions school police officers pursuant to state law and this rule. The commission and oath of office must be on forms prescribed by the board Attorney.

Legal Opinions—Requests
0156

Any Board agenda item seeking Board involvement in litigation must be reviewed and approved by the Board Attorney prior to agenda publication and include a statement that the Board Attorney has been consulted and agrees with or recommends the proposed action.

All contracts to which the Board is a party shall be reviewed by the Board Attorney pursuant to Policy 6540.

School Board members may request legal opinions regarding any matter related to the District or their responsibilities as School Board members.

District staff requests for formal legal opinions shall be limited to official District concerns and must be made to the Superintendent through the offices of the appropriate area, assistant, associate or Deputy Superintendent. The Superintendent may then forward the request to the Board Attorney. The Chief Auditor may directly request legal opinions regarding the legal expenditure of funds. All requests must be signed by the appropriate District official.

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.