School Board of the City of Virginia Beach
Bylaw 1-5

SCHOOL BOARD BYLAWS

Legal Counsel

The School Board will secure legal advice and counsel in accordance with the Code of Virginia as quoted in the legal reference to this bylaw.

A Board member may consult with Board Legal Counsel at any time.

A request by a Board member for a written legal opinion should be directed to the Chairman. The Chairman shall forward the request to Board Legal Counsel. All written legal opinions requested by a Board member shall be shared with all Board members.

A request by a Board member for a written conflict of interest opinion shall be made directly by the Board member to the Board Legal Counsel or Commonwealth's Attorney. Conflict of interest opinions requested by a Board member shall not be shared with the Chairman or any other Board member except upon consent of the Board member making the request.

Editor's Notes
Currently, the School Board has a Cooperative Agreement with the City Council for provision of legal services by the City Attorney.
For policy regarding employment of outside legal counsel, see Policy 2-59.
For service of process, see Bylaw 1-27.
For conflict of interest advisory legal opinion, see Bylaw 1-24.
For employment of outside counsel and reimbursement of employee legal expenses, see Bylaw 2-59.

Legal Reference:

Code of Va., § 11-37. Definitions.--. . . "Professional services" means work performed by an independent contractor within the scope of the practice of accounting, actuarial services, architecture, land surveying, landscape architecture, law, dentistry, medicine, optometry, pharmacy or professional engineering . . .

Code of Va., § 11-41. Methods of procurement.--. . . B. Professional services shall be procured by competitive negotiation.

Code of Va., § 11-45. Exceptions to requirement for competitive procurement.--. . . B. Any public body may enter into contracts without competition for (i) legal services, provided that the pertinent provisions of Chapter 11 (§2.1-117 et seq.) of Title 2.1 remain applicable; or (ii) expert witnesses and other services associated with litigation or regulatory proceedings.

Code of Va., § 22.1-82. Employment of counsel to advise or defend school boards and officials; payment of costs, expenses and liabilities; consent of governing bodies required prior to institution of proceedings. --A. Notwithstanding any other provision of law, the attorney for the Commonwealth or other counsel may be employed by a school board to advise it concerning any legal matter or to represent it, any member thereof or any school official in any legal proceeding to which the school board, member or official may be a party, when such proceeding is instituted by or against it or against the member or official by virtue of his actions in connection with his duties as such member or official.

B. All costs and expenses of such advice and all costs, expenses and liabilities of such proceedings shall be paid out of funds appropriated to the school board.

C. A school board shall, prior to instituting any legal action or proceeding against any other governmental agency in Virginia or expending any funds therefor, first secure the authorization of the governing body of the county, city or town constituting the school division or the governing bodies of the counties or cities in the school division if the division is composed of more than one county or city except as to legal actions or proceedings arising between the school board and the governing body or bodies.

Code of Va., § 22.1-83. Payment of employee's legal fees and expenses.-- If an employee of a school board is arrested, indicted or otherwise prosecuted on any charge arising out of any act committed in the discharge of his duties as such employee and such charge is subsequently dismissed or a verdict of not guilty is rendered or if an employee of a school board is made a defendant in any civil action arising out of his actions in connection with his duties as such employee, the school board may pay the legal fees and expenses of such employee.

Code of Va., § 22.1-128. Title to school board real estate.-- Whenever any school board purchases real estate or acquires title thereto, the title to such real estate shall be certified in writing by a competent and discreet attorney-at-law selected by the school board, or title insurance, approved by a competent and discreet attorney-at-law selected by the school board, shall be purchased for such real estate. Such certification or policy of insurance shall be filed with the clerk of the school board along with the recorded deed or other papers by which the title is conveyed. No contract for any such purchase shall bind the school board until the title to such real estate is thus certified or insured.

The school board shall pay to the attorney reasonable compensation for these services.

Adopted by School Board: July 21, 1992
Amended by School Board: August 17, 1999
Amended by School Board: February 20, 2001