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Trustees form ad hoc committee to review legal-counsel arrangements
Summary
After discussing conflicts-of-interest language and whether the board president should be able to contact counsel on behalf of the board, trustees agreed to form an ad hoc committee (Trustees Coleman, Dean, Board President and the superintendent) to review general in-house and special outside counsel arrangements.
Board counsel presented draft amendments to Board Policy 9124 seeking to clarify who may contact legal counsel and how conflicts of interest are handled. The policy options included carrying the county board as a party to the legal services agreement and adding procedures for potential conflicts.
Trustees debated whether the policy should say the board president may contact counsel on the board's behalf and whether the language should explicitly reference "potential" conflicts. Courtney explained that the intent is to ensure there is a clear mechanism for situations that are "strictly a board issue" and that general counsel does not represent individual board members. After discussion about retaining Lozano Smith as interim in-house counsel and confirming the existence of a backup firm on retainer, trustees reached consensus to initiate a review process and form an ad hoc committee. The committee was named to review both in-house general counsel and outside special counsel, and the board president will appoint members as consistent with past practice.
Trustees did not replace current counsel at the meeting; rather they instructed staff to define the ad hoc committee's scope and return with recommendations. The board signaled interest in comparing costs and ensuring the process is defensible and transparent.
