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Tuolumne COE |  BB  9124  Board Bylaws

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The Tuolumne County Board of Education recognizes that the complex legal environment in which it discharges its functions creates the need for sound and dependable legal services and advice. The County Board shall arrange to obtain legal services and advice in accordance with law.

The Tuolumne County Superintendent of Schools shall appoint a legal counsel and fix the compensation to be paid to the legal counsel. The legal counsel shall be admitted to practice law in California and shall not be required to have any certification qualification.

The duties of the legal counsel shall include: (Education Code 35041.5)

1. Rendering legal advice to the County Board, the County Superintendent, and other officers and employees as appropriate;

2. Serving the County Board and the County Superintendent in the preparation and conduct of litigation and administrative proceedings;

3. Performing other administrative duties as assigned by the County Board or County Superintendent.

The County Board may employ or contract with any qualified person for the provision to the County Board of special services and advice in legal matters. The County Board shall fix the compensation to be paid for the special service or advice, and may pay such compensation from any available funds. (Education Code 1042)

The County Board may consult with the legal counsel whenever a majority of its members deem such consultation necessary. The County Board may consult with the legal counsel as a group or by authorizing a specific County Board member to consult with the legal counsel on behalf of the County Board.

Legal Reference:

EDUCATION CODE

1042 County boards: authority

1302 Increases of salary or bonus of employees by county superintendent of schools

35041.5 Legal counsel: Relieving duties of county counsel and district attorney

GOVERNMENT CODE

814-895.8 Liability of public entities and public employees

995-996.6 Defense of public employees

53060 Miscellaneous

Bylaw TUOLUMNE COUNTY SUPERINTENDENT OF SCHOOLS

adopted: December 10, 2007 Sonora, California