The Wilkes County Board of Education will enter into contracts for legal service to the school district including both legal advice and representation in litigation, as needed. Any attorney retained by the Board of Education or the superintendent through school district funds represents the legal entity of the school district and not any individual Board of Education member or administrator.
The superintendent may consult with the Board of Education attorney as needed to carry out administrative operations and to protect the Board of Education and school district from liability. Other staff may consult with the Board of Education attorney following procedures established by the superintendent.
The chairperson of the Board of Education normally will decide for Board of Education members when to seek legal advice or assistance on school matters. In instances where an individual member of the Board of Education desires to consult directly with the attorney, the Board of Education member will notify the chairperson of the legal information to be sought. If it is determined that legal assistance is necessary and has not been sought previously for this matter, the Board of Education member will be directed to consult individually with the attorney. Questions raised by members of the Board of Education and the attorney's replies will be reported to all Board of Education members. The chairperson of a Board of Education committee may consult with the Board of Education's attorney on issues that arise out of and in connection with the committee's work. The inquiry and response will be reported to all Board of Education members.
Legal References: G.S. 115C-36
Adopted: January 9, 2006