Agenda Item
2. Ready For Action: Board Policy BBE: School Board Attorney
Summary: Presented by: Ms. Mariel Smith, Legal Counsel, Hall Booth Smith, PC, Attorneys at Law
Request: It is requested that the Board of Education accept an amendment to Board Policy BBE: School Board Attorney. The proposed revisions are requested to update the policy and to clarify the current language. This policy has been reviewed and analyzed by the Board Policy Committee. The Committee agrees on the recommended revisions.
Why: The Board Policy Review Committee met and conferred regarding Board Policy BBE: School Board Attorney and determined that revisions were needed.
Details: The purpose of the Board Policy Review Committee is to ensure the ongoing review, development, and refinement of Board policies governing the District. The Board Policy Review Committee has the goal of promoting transparency, accountability, and compliance with state, local, and federal laws while fostering a safe, equitable, and inclusive environment for all within the District.
Financial impact: No Financial Impact to the District
Contact: Ms. Mariel Smith, Legal Counsel, Hall Booth Smith, PC Attorneys at Law (404) 954-5000
Effective: Upon Board Approval
Status: Attorney Approval Not Required
Board Policy Manual
DeKalb County School District
Board Policy BBE: School Board Attorney Status: DRAFT - 1st
Reading
Original Adopted Date: 08/10/2009 | Last Reviewed Date: 07/11/2024
Redlined Version
Board Members Request for Legal Services from General Counsel and Other Attorneys
The DeKalb County Board of Education will retain general counsel knowledgeable in school law to provide legal
advice and counsel to the board in the performance of its duties, litigation, and other legal services. The general
counsel will serve at the pleasure of the board and be compensated for services rendered. The general counsel must
attend all board meetings and other meetings at the request of the board, where legal services may be needed.
In that the chair represents the board, if an individual board member deems it necessary to seek a formal legal
opinion from the general counsel, it must be coordinated through the chair.
In the event a fee is to be incurred, if an individual Board Member, or less than a majority of the members of the
Board shall deem it advisable for the District to retain, or use legal services on a particular matter, they shall transmit
the suggestion to the Superintendent, who shall act on the request by (1) seeking the legal services should he deem it
advisable to do so, and the financial commitment therefore is within the scope of discretion, or (2) submit the request
to the Chair, who shall, along with the Superintendent and the advice of General Counsel, determine whether the
request shall be placed on the agenda of the next meeting of the Board of Education for possible action. In no way is
this policy intended to limit the right of a member of the Board of Education to seek legal services on his or her own
behalf, the cost of which is to be born by the individual member.