Approve Proposed Procedures for Selecting Legal Counsel

The Board will employ a School Board Attorney, who will serve at the pleasure of the Board. The attorney or firm selected will be employed upon mutually agreeable terms and conditions which will be memorialized in a written contract. The contract will provide for termination by the attorney upon the giving of sixty (60) days notice and for immediate termination by the Board upon the giving of such notice as the Board deems to be in the best interest of its needs. To be eligible for selection as the School Board Attorney, the individual will possess the following qualifications:

1. Membership in good standing in the Florida Bar, and the bars of the United States District Court for the Middle District of Florida and the United States Court of Appeals for the Eleventh Circuit;
2. Substantial experience in matters involving, and demonstrated knowledge of, Florida school law (the Florida School Code), the Florida Administrative Procedures Act, the Florida Public Records Act, and the Florida Government in the Sunshine Act;
3. At least five years of relevant legal experience including experience in the following areas: representation of public entities, litigation before administrative agencies and state and federal courts, the preparation, negotiation and interpretation of contracts, personnel and labor relations matters, transactions relating to the acquisition of real property and matters involving federal and state laws relating to the education of exceptional students.

When the position of School Board Attorney, becomes vacant, the Board will seek requests for proposals by attorneys and firms interested in serving in that capacity and establish a procedure for the selection. The School Board Attorney will be evaluated every three years by the School Board and Superintendent using a method to be determined.

The School Board Attorney will provide legal advice and representation to the Board, the Superintendent and employees of the Board, and such other legal services which the School Board Attorney is qualified to perform, as directed by the Board or the Superintendent. In matters in which the School Board Attorney does not possess sufficient skills and knowledge to provide representation, the School Board Attorney will recommend to the Board the retention of attorneys who do possess such skills and knowledge.

Special Counsel

The Board will employ such attorneys and law firms as are necessary for representation of the Board, the Superintendent, or the Board’s employees in matters involving specialized legal needs which are beyond the capacity and expertise of the School Board Attorney. The Board may employ such attorneys and firms using the process described below, or when necessary, upon the recommendation of the School Board Attorney.

1. The Board will request proposals for the provision of legal services in the following areas as needed: (1) defense of personal injury and property claims, (2) defense of workers compensation claims, (3) bond counsel, (4) real property transactions, (5) eminent domain, (6) personnel and labor relations matters, (7) matters involving federal and state environmental laws, (8) complex contractual matters, and (9) other issues.
2. Attorneys and law firms eligible for appointment as special counsel will possess the following minimum qualifications: (1) membership in good standing in the Florida Bar and all other courts relevant to the specialty, (2) at least five years of practice, and (3) a specialization in the relevant area of law for a period of at least five years to be reflected by devotion of at least fifty percent (50%) of the applicant’s practice to the relevant specialization.
3. All firms and attorneys submitting proposals for representation in a specialty will be evaluated by a legal affairs committee which will be comprised of persons appointed by the Superintendent based on the nature of the specific legal services sought, which may include: (1) the chief of staff, (2) the chief business officer, (3) the chief facilities officer, (4) the chief human resources officer, (5) at least one principal from each level, (6) a member of the Citizens Advisory Council, (7) a community member with legal experience, and (8) such other persons as the Superintendent deems appropriate.
4. Following evaluation of the submitted proposals, the committee will conduct interviews. Following completion of the evaluations and interviews, the legal affairs committee will recommend the attorney or firm to be selected to provide representation. The Superintendent will consider the committee’s recommendation and then make the final determination as to which attorney or firm will be recommended to the Board for appointment. The Superintendent may recommend, and the Board may select, more than one attorney or firm.
5. The criteria to be used in the selection of specialty counsel will include: (1) general qualifications and experience of the firm and the specific individuals who are to provide the services, (2) the firm’s and individual attorneys’ legal capabilities and demonstrated experience serving clients, with an emphasis on the specific types of legal services sought, (3) the specific qualifications of the individual attorneys who will perform and oversee the services to be provided, (4) the billing philosophy, fee structure, and hourly rates of the specific attorneys to provide the services sought, (5) the firm’s ability to handle the matter of area for which services are sought, (6) the firm’s experience in dealing with public sector clients, including knowledge of, and commitment to, complete compliance with all laws relating to public records, and the firm’s commitment to the spirit and letter of all laws relating to equal employment opportunity.
6. Attorneys selected for inclusion are expected to be used as needs arise in their area of expertise and their availability. The Superintendent or Superintendent’s designee will monitor usage of selected firms. The School Board Attorney assigns work and informs the Superintendent and designee of assignments. The selection of an attorney or a firm by the Board will not guarantee the use of the attorney or firm in any particular matter, and the Board and/or the Superintendent will retain the discretion as to the timing and amount of use of any appointed attorney or firm in a particular matter.
7. The terms and conditions upon which the special counsel is hired will be memorialized in a written agreement which will include payment for services rendered based on an hourly fee or on some other basis which is appropriate to the specific legal services to be provided, but not contingency based. The agreement will provide for termination by the attorney or firm upon the giving of sixty (60) days notice and for immediate termination by the Board upon the giving of such notice as the Board deems to be in the best interest of its operations. Any appointment of specialty legal services may be for a stated period of time not longer than three years, or for the performance of specified services in connection with a specific matter or case.
8. The Board will seek proposals for representation in specialty areas at intervals of no more than three years following initial appointment, or when necessary because of the Board’s needs for legal services.
9. Special counsel will be evaluated by the Superintendent or designee on the basis of performance in the specified contracted field of service.

In the event that legal services are needed by the Board under circumstances in which the process set forth herein may not be completed in a timely manner, the Board may appoint such counsel upon the recommendation of the Superintendent or motion of the Board without resort to that process.