BOARD OF EDUCATION Attachment: Discussion 9. PALO ALTO UNIFIED SCHOOL DISTRICT Date: Glenn Max McGee, Superintendent of Schools

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1 BOARD OF EDUCATION Attachment: Discussion 9 PALO ALTO UNIFIED SCHOOL DISTRICT Date: TO: FROM: SUBJECT: Board of Education Glenn Max McGee, Superintendent of Schools General Counsel Reporting STRATEGIC PLAN INITIATIVE Staff Recruitment and Development RECOMMENDATION It is recommended General Counsel directly report to the Superintendent. BACKGROUND A Board member requested that Board discussion regarding the reporting relationship for the new General Counsel s (GC) position be placed on the agenda. Given that PAUSD has not had a GC, the committee that sets the agenda agreed. The question arose on the reporting structure for the new General Counsel position, which was approved on June 23, During my tenure, as Superintendent of Illinois, the General Counsel was a direct report to the Superintendent. The State Board, which numbered about 700 employees at that time, had a full legal department led by a GC. The GC reported to the Board but worked with me and the Board President. I evaluated them with input from the Board President. I obtained feedback from some of our attorneys, and the County Superintendent of Schools. One of our attorney s was formerly the in-house General Counsel of a Bay Area school district and shared that the reporting structure can be similar to attorneys who are outside of the District (outside counsel). The primary point of contact for the attorney is usually the Superintendent, whether in-house counsel is involved or not. Direct contact with the Board usually would be through the Board President, and generally would be initiated only where there is an issue involving the Superintendent. There are no other District employees who report directly to the Board other than you (superintendent), and the position is not parallel to the Superintendent, but more akin to various department heads in the District, each of whom report to the Superintendent. Board Policy 9124 provides the Board guidance on who may contact District legal counsel The reason for this is to avoid having Brown Act violations where General Counsel is being asked in essence to poll the Board, or to communicate positions back and forth from some Board members to others (both of which the courts have indicated would violate the Brown Act, despite the fact that an attorney is involved). Having to answer to five 'bosses' when it comes to giving

2 advice to the District is also quite impractical for any attorney, which is yet another reason that questions are usually asked through the Superintendent. I have also seen districts where the administration essentially has one lawyer or firm, and the Board has another, and they contest one another's positions. I think that is extremely unhealthy. If everything flows through the Superintendent's office, there is less chance of the administration ending up with one set of advice and the Board with another. The County Superintendent of Schools discussed working with GC s as both superintendent of the Pasadena School District and at the Los Angeles County Office of Education where the GC was hired by and reported directly to the Superintendent. Given this information, my recommendation is that the GC be a direct report to the Superintendent, as with the other Chief Officers, Assistant Superintendent, and Associate Superintendent.

3 Bylaws of the Board BB 9124 ATTORNEY The Board of Education recognizes the complex legal environment in which districts operate and desires reliable, high-quality legal advice at reasonable rates. In order to meet the district's legal needs, the Board may contract with county counsel, attorneys in private practice, or appoint legal counsel as a district employee or independent contractor. The Board also supports pursuing collaborative legal efforts with other agencies and districts as appropriate. (cf Claims and Actions Against the District) (cf Management of District Assets/Accounts) (cf Contracts) (cf Role of the Board) (cf Legal Protection) Duties of Legal Counsel The district's legal counsel may: (Education Code ) 1. Render legal advice to the Board and the Superintendent or designee 2. Serve the Board and the Superintendent or designee in the preparation and conduct of district litigation and administrative proceedings 3. Render advice on school bond and tax increase measures and prepare the necessary forms for the voting of these measures 4. Perform other administrative duties as assigned by the Board and Superintendent or designee Retaining Legal Counsel When the district is seeking legal advice or representation, the Superintendent or designee shall initiate a Request for Proposals (RFP) to advertise and solicit proposals for legal services. In evaluating the proposals, the Board and Superintendent shall consider the firm's or attorney's background, experience, and reputation in education law; experience advising or representing school districts in California; fees; and experience of attorneys at the firm who will provide legal services. The Board and Superintendent shall annually evaluate the performance of the firm and/or attorneys providing legal services in such areas as efficiency and adequacy of advice; results obtained for the district; reasonableness of fees; and responsiveness to and interactions with the Board, administration, and community. Upon a successful evaluation, the Board may renew the agreement with legal counsel without initiating an RFP. The Board may also contract for temporary, specialized legal services without initiating an RFP when a majority of the Board determines that the unique demands of a particular issue or emergency situation so requires. (cf Superintendent's Contract) 1

4 BB 9124 ATTORNEY (continued) Contacting Legal Counsel At his/her discretion, the Board president or Superintendent may confer with district legal counsel subject to any limits or parameters established by the Board. In addition, the Superintendent or Board president may contact district legal counsel to provide the Board with legal information or advice when so directed by a majority of the Board. Individual Board members other than the Board president may not seek advice from district legal counsel on matters of district business unless so authorized by a majority of the Board. (cf Limits of Board Member Authority) (cf Closed Session Purposes and Agendas) Legal Reference: EDUCATION CODE Administrative adviser Legal counsel Powers and duties of governing board Liabilities, especially: Contract with attorney in private practice Contract for legal services GOVERNMENT CODE Liability of public entities and public employees Defense of public employees Legal services to school districts Special services and advice Management Resources: CSBA PUBLICATIONS The Brown Act: School Boards and Open Meeting Laws, rev Maximizing School Board Leadership: Boardsmanship, 1996 NATIONAL SCHOOL BOARDS ASSOCIATION PUBLICATIONS Selecting and Working with a School Attorney: A Guide for School Boards, 1997 WEB SITES CSBA: California Council of School Attorneys: National School Boards Association: State Bar of California: Bylaw adopted: PALO ALTO UNIFIED SCHOOL DISTRICT Palo Alto, California 2

5 PALO ALTO UNIFIED SCHOOL DISTRICT HUMAN RESOURCES CENTER 25 Churchill Avenue, Palo Alto, CA Phone: (650) FAX (650) TITLE: REPORTS TO: SUPERVISES: General Counsel Superintendent OVERVIEW: Under the direction of the Superintendent, General Counsel provides proactive legal services to the Board of Education, the Superintendent of Schools, and District administration. ESSENTIAL RESPONSIBILITIES: (include but are not limited to the following) Provide legal expertise, information, and assistance to the Board and the Superintendent on issues including Board Governance, the Public Meeting Laws, the Public Records Act and public meeting protocols. Attend all Board meetings. Assist in the formulation and development of policies, procedures, and programs. Advise the Board and the Superintendent of legal trends or potential problems and recommend appropriate action. Confer with, advise, and render legal opinions to the District as may be requested as well as on a proactive basis to assure that the District is in compliance with all laws.. Remain current regarding developments in school law. Review and interpret laws, regulations, legislation, rules, and other guidelines and present the information to the District staff. Recommend appropriate course of action based on analysis of applicable statutes and regulations affecting public education. Assure that the District s interests are properly advanced and protected in all administrative hearings and litigation, both trial and appellate. Evaluate cases and, when necessary, recommend outside counsel if specific skills and/or expertise are needed and retaining legal specialist is needed. Monitor the quality of the work of outside counsel and review and approve billings from outside counsel. Represent the District in mediation as necessary. Advise the Board in all hearings and appeals. Review or draft agenda agreements and contracts. Prepare and review a variety of legal documents. Conduct investigations concerning any matter as directed by the Board or Superintendent and prepare reports of the investigations. Act as District s Uniform Complaint Procedure and Title IX Coordinator, overseeing the implementation of and assuming compliance with the State Department of Education s Uniform Complaint and Title IX requirements. Conduct in-service training programs for administrative personnel regarding legal issues, new legislation, and court decisions to ensure that the administrative staff is appropriately trained and knowledgeable of all compliance requirements, policies, regulations and best practices. Develop and prepare annual preliminary budget for legal costs. Analyze and review budgetary and financial data. Control and authorize expenditures in accordance with established limitations. Provide report to the Board on all pending litigation. Performs other duties as assigned by the Superintendent. MINIMUM REQUIREMENTS: Juris Doctorate from an accredited law school. License to practice law in the State of California. Experience in educational administration, school and labor laws, and industrial regulations preferred but not required. Ability to pass a Department of Justice (DOJ) fingerprint clearance Legal authorization to work in the U.S. Within 60 days of start, provision of TB (tuberculin) clearance, as mandated by the California Education Code KNOWLEDGE, SKILLS, and ABILITIES: Strong research and writing skills Ability to work cooperatively with people and instill confidence Understanding of the community needs and mores Rev. 06/11/15

6 PHYSICAL DEMANDS: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to talk or hear. The employee frequently is required to use hands to finger, handle, or feel objects, tools, or controls and reach with hands and arms. Employee will frequently work at a computer and travel to attend meetings. WORK ENVIRONMENT: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. WORK YEAR: Positive Work Year of 224 days. SALARY RANGE: Placement on the Assistant Superintendent salary schedule with a salary range from $170,9893 to $188,634. PAUSD is an equal opportunity employer in compliance with the Americans with Disabilities Act and all other applicable federal, state and local laws. No portion of this job description shall supersede the Master Agreement between the Palo Alto Management Association and the Palo Alto Unified School District and applicable State or federal laws. Any changes in working conditions applicable to the current agreement shall be subject to negotiations at the demand of either party. Rev. 06/11/15

7 Board of Education Superintendent Admin Support (Vicky Lao) Executive Assistant (Kathleen Ruegsegger) Public Information Officer - Coordinator II (TBD) General Counsel (New) Chief Business Official Asst Superintendent (Cathy Mak) Assistant Superintendent Human Resources (Scott Bowers) Chief Academic Officer I, PK-5 (Barbara Harris) Associate Superintendent Education Services (Markus Autrey) Chief Academic Officer I, 6-12 (Katherine Baker) Chief Student Services Officer Assistant Superintendent (Holly Wade) Chief Technology Officer I (Derek Moore) Manager 4 Finance (Connie Ngo) Accountants & Accounts Payable/Receivable Staff Manager 4 Maintenance & Ops (Ron Ellis) M&O Supervisors & Staff Human Resources (TBD) Coordinator II Professional Learning (Kelly Bikle) Benefits & Payroll Staff Human Resources Staff Principals PK-5 & Non-choice TOSAs K-5 SRC (Mary Childress) Principals HS, Adult Ed, LPCH Research, Assessment, Eval (Chris Kolar) Manager 1 Assessment & Eval (Janine Penney) Academic Support Programs (Judy Argumedo) Principal on Special Assn Special Projects (Magdalena Fittoria) Principals MS, K-5 Choice Asst Principals & Deans TOSAs 6-12 I Special Education (Chiara Perry) Coordinator II Spec Ed PK-5 (Alma Ellis) Coordinator II Spec Ed 6-12 (Victoria Luke) Manager 1 Mental Health (Wendy Goodridge) Psychologists IT Managers (Ignacio Padilla [2], Alexey Demyanenko [3], Eduardo Carneiro [2]) IT Staff IT Coordinator II (Nancy Pang) Supervisor Behavioral Support Svcs (Renee Bingaman ) Bilingual TOSA (Jose Corado) Coordinator II - Music & PE (Nancy Coffey) Coordinator II - Art (Sharon Ferguson) Coordinator II -Ed Options (Dave Hoshiwara) Student Services (Brenda Carrillo) Nursing Svcs (Linda Lenoir) Coordinator I UCP, 504, SARB, Records, Suspensions Lissette Moore-Guerra Nursing Svcs (New) Counselors Coordinator I AAR (Jeong Choe) Central Attendance Supervisor & Staff (Margie Mitchell) Rev 09/23/15