BDG

LEGAL COUNSEL

Pursuant to M.G.L.A. Chapter 71 Section 16 (J) and Section 37 (F), the School Committee may engage and retain Legal Counsel.

It will be the duty of the counsel for the committee to advise the School Committee and the Superintendent on the specific legal problems submitted to them. He will attend meetings upon request and will be sufficiently familiar with committee policies, practices, and actions under these policies, and with requirements of the school law to enable him to offer the necessary legal advice.

Legal Counsel may be retained through general solicitation or competitive bidding, by written contract, and/or by retainer for a one year period, beginning July 1 of each year. The contract will be reviewed and may be renewed on a yearly basis. Contract terms and retainer amounts shall be determined by the School Committee.

It shall be the responsibility of the Superintendent to advise the School Committee of any and all renewal dates at least two months prior to the expiration date.

Other legal representation may be engaged for a particular case for which a retainer/contract will be written. When case is settled the contract is terminated.

Legal representation may be obtained for certain departments, i.e., special education. Consultations will be made by and through the Director of Special Education only. Phone conversations will be logged by the Director of Special Education and submitted to the School Committee and Administration.

In an effort to keep the District's legal costs down, all access to legal consultation will be limited to the Superintendent and the Chair of the School Committee. Approval to allow other consultations (in person or over the phone) should go through the Superintendent and the School Committee Chairman (or Vice), together. All legal bills will be approved by the Chairperson and the Superintendent of Schools and then presented to the Budget Subcommittee to be reviewed against the warrant.

First Reading: 01/18/05 Second Reading: 02/01/05 ADOPTED: 02/08/05 Reviewed: 02/16/21