203.07 – Legal Counsel
It is the responsibility of the Board to employ legal counsel to assist the Board and the administration in carrying out their duties with respect to the numerous legal issues confronting the school district. The Board of Directors at the annual organizational meeting held in September shall appoint an attorney to represent the corporation and advise the Board.
The superintendent and Board secretary will have the authority to contact the Board’s legal counsel on behalf of the Board when the superintendent or Board secretary believes it is necessary for the management of the school district. The Board president may contact and seek advice from the Board’s legal counsel. The Board’s legal counsel shall attend regular and special meetings of the Board when requested and be available for consultation as needed. He/She shall be paid on a “time” or “retainer” basis as determined by the Board.
Board members may contact legal counsel upon approval from the majority of the Board. It is the responsibility of each Board member to pay the legal fees, if any, of an attorney the board member consulted regarding matters of the school district unless the board has authorized the Board member to consult an attorney on the matter. It is the responsibility of the superintendent to keep the Board informed of matters for which legal counsel was consulted, particularly if the legal services will involve unusual expense for the school district.
Legal reference: Bishop v. Iowa State Board of Public Instruction, 395 N.W. 2d 888 (Iowa 1986) Iowa Code 279.37 (2009)
Date of Adoption: July 1, 1985
Reviewed & Revised: September 3, 1991; February 10, 1997; May 21, 2001; June 6, 2005; March 7, 2006; October 1, 2007; March 7, 2011; March 21, 2016