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Board authorizes president to compile outside‑counsel list after waiving privilege on Aug. 22 legal email
Summary
San Bernardino County Board of Education members voted on Sept. 8 to waive attorney‑client privilege for an Aug. 22 email from deputy county counsel and authorized the board president to assemble a list of potential outside counsel for a second opinion.
San Bernardino County Board of Education members voted on Sept. 8 to waive attorney‑client privilege for an Aug. 22 email from the county deputy counsel and to ask the board president to assemble a list of outside counsel for a second legal opinion.
The board said the step was needed so members could obtain an independent legal review of the questions raised in the email, which related to appointment authority in the event of a county superintendent vacancy. The board first voted to waive privilege (motion carried; one abstention recorded) and then directed the board president to compile potential outside counsel and return the list to the full board for a public decision.
The board’s discussion focused on procedure and transparency. Several trustees said they supported getting a second opinion but objected to delegating the selection authority to a single trustee. Trustee Amber Lou and others pressed for an open, agendized process so all trustees and the public could see proposals and the resulting contract. President Arlington (Dr.) Rogers and other trustees said the president would gather firms and return with a publicly agendized recommendation; a substitute motion to that effect carried.
The board also considered whether the issue was now moot because of a separate personnel announcement. County counsel advised that the board itself must decide whether to disclose the opinion and, if disclosure is approved, how the document will be shared with the public.
The board did not discuss the email’s substantive legal analysis in open session before waiving privilege. Trustees said they expected the process to be brought back to open session with candidate firms and contracts for review.
What happens next: the president will assemble a list of potential outside counsel, return the list on a future public agenda and the full board will vote on which firm, if any, to retain. If the retained firm’s work produces litigation or settlement options, that may require additional closed‑session or public actions depending on legal advice.
