Duval school board revises policy on legal defense for members and staff amid public concern

The Duval County School Board on July 1 adopted revisions to board policy 2.29 that change when the district will provide legal representation or reimbursement for board members and employees facing civil or criminal actions tied to official duties.

The revision replaces mandatory language with discretion: the policy now says the district "may" provide representation or reimbursement rather than "shall," and adds that reimbursement is contingent on a successful defense. The board voted 7-0 to approve the change after a public hearing and discussion among members and legal staff.

District legal counsel explained the practical reason for the amendment. "The Office of General Counsel does not provide criminal defense," Mr. Poole told the board, noting the office handles civil representation and that criminal matters typically require outside counsel. He said the change aligns the policy with how such cases are handled in practice and reduces the risk that the district would front large criminal-defense costs and later be unable to recover them if a defendant is convicted.

During public comment, longtime civic volunteer Susan Ertker urged the board to reject the item as written. "If you approve item 51 as it is written, it may embolden board members to break the law," she said, arguing the policy could allow taxpayers to shoulder legal bills for questionable attorney choices.

Board members debated the balance between protecting employees and officials who are sued for actions taken in their jobs and protecting district finances. Board Member Willie said she favored the revisions because they use discretion and require reimbursement when defendants are not found guilty. "The shall and may piece...is very important," Willie said, adding that the reimbursement condition and the requirement that expenditures be made at a public meeting were meaningful safeguards.

The adopted language also specifies that reimbursement does not cover guilty pleas, no-contest pleas, or findings of civil liability — and that the board must make any expenditures for legal defense or reimbursements at a publicly noticed meeting.

Board Chair Charlotte Joyce and Superintendent Dr. Bernier participated in the afternoon discussion and asked for clarifications about how criminal and civil cases would be treated under the new wording. Legal staff and the superintendent told the board the intent was to make the written policy reflect operational practice and to reduce the district’s up‑front exposure in criminal matters.

The policy change was moved by Vice Chair Carney and seconded by Board Member Willey; a roll call recorded the final outcome as 7-0 in favor.

Going forward, the district will have authority to decide case-by-case whether to advance legal representation or reimburse expenses after a successful defense. The board said it will continue to provide public reporting when reimbursements are approved.