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Board attorney says written legal advice requires president or board vote; members debate sunshine-law process
Summary
At the Oct. 28 Little Miami Local School District board meeting, board attorney Bill Deters told members he will provide written legal opinions only at the request of the board president or following a majority vote. Members debated whether the district should adopt a policy allowing any individual member to request written advice and discussed video edits and privilege concerns.
At the Oct. 28 meeting of the Little Miami Local School District Board of Education, board attorney Bill Deters told the board he typically will provide written legal advice only when the request comes from the board president or when the board votes to authorize it.
"The client is actually the board of education, and the communications that legal counsel gives to the board are attorney‑client privilege documents," Deters said, explaining why he is reluctant to memorialize advice in writing on an individual board member’s request. "If once that is in writing, then it becomes very easy for someone to breach that privilege without the board choosing to…
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