Board tables legal counsel parameters

In one of their most productive days in more than a year, Douglas County School Board trustees on Tuesday approved 13 out of 14 items in 3.5 hours.

After discussion regarding the role of legal counsel and defining parameters for board members talking to legal counsel, Trustee Carey Kangas sought to table the item and direct Superintendent Frankie Alvarado and the cabinet to bring back information to the board so future changes could be made.

The motion was seconded by Chairman David Burns and passed unanimously with the addition that the issue be brought back during the next board meeting in September.

Kangas first sought clarification on the board’s relationship with counsel in July 2023, when Joey Gilbert Law was first hired.

Since then, questions and concern about who the firm reports to and when has been discussed during previous board meetings.

During Tuesday’s meeting Kangas explained his reason for wanting the clarification of legal counsel’s role and responsibilities.

“The request for this agenda item is to have a discussion regarding legal and to set parameters for using legal counsel for the district and board members,” he said. “The purpose of it, in my mind, is to reduce the possible abuse of legal counsel.”

According to the agenda a proposed board protocol for contacting legal counsel identifies the needs for legal counsel and designates a point of contact who is to engage with legal counsel and implement recommendations and report to the board, while allowing individual board members to reach out to legal counsel if there is a personal need that affects their role as a board member.

In the proposal it states the Code of Conduct, section 8, “Problems identified by Board Members go directly to the Board President and Superintendent, or when applicable, legal counsel,” meaning the trustees should discuss and identify whether a concern is an individual concern in their official capacities or it is related to the Douglas County School District, and decide if either renders advice and services from legal counsel.

In designating a point of contact, the proposal suggests an individual, in this case the superintendent, would reach out to legal counsel with questions, concerns, tasks, etc. and ensure that all relevant information is provided.

“All issues of concern that are advised to the board members should first be discussed with the superintendent and board members should avoid contacting legal counsel, if possible,” said Kangas.

The point of contact would then implement recommendations and report to the board on matters, provide updates to the school board on any legal actions taken in closed session, and ensure that required actions or changes are made in compliance of the recommendations.

“We are public officials and if an individual board member is not satisfied with the resolution of any issues, then it should be discussed by the entire board at a public meeting; that’s what I call transparency,” said Kangas.

The proposal also states that trustees may contact legal counsel themselves, but only if they have a concern or need for advice that affects them personally in their official role as a Trustee of the Board.

Alvarado spoke on the subject during Tuesday’s meeting, making it clear that the topic was a board decision, and he was just providing his thoughts and willingness to abide by the proposal.

“Every legal matter presents itself in a complex matter,” he said. “First off, we need to identify what that legal matter is, we need to know and understand it. After that we should be looking at developing protocols so we can determine if there is a conflict or a liability situation. If we find it is an individual liability situation, trustees should have the ability to contact legal counsel and if it’s a district business matter, I have no problem being the point of contact. I can share updates and information as needed and the board can provide me directions, but we would have to properly agendize that.”

Legal counsel Kendra Jepsen suggested the board table the proposal, make changes where needed, and bring back another reading during a future board meeting. She suggested that specific language be added that would direct a designated individual or a designee to have the ability to reach out to legal counsel.

“There are different issues, and I believe the employees and directors will know how to properly bring those issues to legal,” said Jepsen. “So, I think we will want to add that language. Because while we do want to limit, we don’t want to handcuff anyone.”

She also suggested allowing legal access to the board president with some limitations.

“If the board president has concerns directly to the board of trustees and-or the superintendent, (the board president) could contact legal counsel,” said Jepsen. “So, just keep some limiting language, while providing the president with the ability.”