Yvonne Wagstaff
Douglas County School Board trustees decided to postpone discussion and decisions regarding in-house counsel, after concerns from constituents raised potential Open Meeting Law violations.
Items 12 and 13 on the Nov. 12 agenda provided information about in-house counsel and outlined the job description and responsibilities in-house counsel would provide, and potential changes to the job description the board might have, and hiring process contingent on budgetary approval.
The discussion was brought forward by Trustee Yvonne Wagstaff during the October board meeting.
“I just wanted to add it to the agenda, because it’s something like ‘why not talk about it,’ because if we don’t talk about it then we can’t make a decision,” said Wagstaff on Tuesday.
No action was taken on items during Tuesday’s meeting.
Legal counsel suggested the board should postpone the items due to some public comment and emails addressing whether a predetermined decision had been made.
“I think the confusion comes in that last line that says, ‘the need for dedicated legal counsel has become evident,’” said Wagstaff. “I think that is where people are getting confused in thinking we have already made a decision when we have not.”
Superintendent Frankie Alvarado did provide the board with information of potential responsibilities for what in-house counsel could like before the decision to postpone further discussion was made.
“This would be our only general counsel and they would be an employee of the district,” said Alvarado. “The only time they would go out, is if there is potential conflicts of interests, then they would have to look at getting outside counsel to resolve that.”
Alvarado said some of the in-house counsel’s responsibilities would include; attending board meetings, provide legal counsel to the board and executive directors and the work they handle in their offices, they’d be a liaison between the district and Pool PACT, handle liability claims, review purchase agreements especially ones that have to do with renewal clauses, develop interlocal agreements as necessary, and provide guidance in collective bargaining processes in agreements and possibly participate in the bargaining process.
“These are some of the responsibilities and are typical obligations for any attorney whether they are in-house or contracted,” said Alvarado.
The major differences between in-house counsel and outsourced or contracted counsel is the cost and the more convenient access.
“Some of the benefits would include no retainer agreement or hourly fee for the work counsel would do, trustees would be able to schedule appointments for any legal questions they had without additional cost, and it would be a resource for HR in handling internal investigations,” said Alvarado.
Alvarado said the in-house counsel position would be a salary based employee for the district.
“In speaking with Sue Estes and looking at the needs of the district, having a salary based employee for the district allows our business department to plan for a set amount of legal fees to happen throughout the year with minimal increases depending on the situations that occur in the school year,” Alvarado.
The setbacks could include conflict of interests where an outsourced attorney would be needed.
Legal counsel plans to review the items regarding in-house counsel, draft a rewrite, and bring it back at a future board meeting for possible discussion.
