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Board weighs costs and conflicts in new dual‑counsel model, asks for follow‑up
Summary
Trustees raised concerns about rising attorney costs and the merits of keeping separate outside counsel for the board and district; staff and the outside board attorney defended the model as avoiding conflicts and providing scalable service.
A lengthy discussion over the district’s legal representation dominated the workshop, with trustees questioning the decision to separate legal counsel for the school board and the district and asking whether the change has increased costs.
One trustee said the new structure appeared to result in a roughly 30% increase in hourly and total costs. "There's what they're charging per hour...is it a 30% increase?" a board member asked. The board’s outside attorney, identified in the meeting as Mr. Delaney of Weiss & Serota, said prior firm rates had been $300 an hour and that the new arrangement splits rates across associates and different billing categories. Delaney characterized the outside counsel model as flexible and accountable: "One of the biggest pros for the board...is I'm super easy to fire," he said, noting termination under the contract can be achieved by a board vote in 30 days.
Superintendent Moore explained the change reflected a previous board decision intended to avoid conflicts of interest from a single attorney advising both the district and the board. Moore said the separate counsel model allows the board autonomy in selecting its own counsel while the district pursues a staff attorney to handle routine, day‑to‑day legal needs. Staff cautioned that transitional litigation and prior workload contributed to elevated billings during the first year under the new model.
Board members asked for clearer financial comparisons of prior in‑house and contract arrangements, whether a request for qualifications was issued, and who conducted vetting. Staff said the district had issued a request for qualifications and reviewed proposals; they also said some proposals had expired and that certain firms did not submit. Trustees requested a follow‑up that clarifies historic spend, the current month‑to‑month trend, and whether hiring an in‑house staff attorney for district matters would reduce costs in the medium term.
No final policy changes were adopted at the workshop; the board indicated it will revisit counsel‑structure choices and vendor costs in future meetings.
