The Council’s legal service for Cabinet Members was developed to provide assistant and deputy superintendents with access to an attorney who will act as a legal advisor, free of charge in the following matters:
• General Support
• General Education Law Questions
• Interim Superintendent Contract Negotiations
• Model Evaluation
• Model Contract
• Retirement Planning/Post Retirement
Retirement Services
Retirement Planning: review of contracts to maximize post-employment benefits and identify clauses or restructuring arrangements that may erode a Cabinet Member’s retirement earnings.
Interims: make available a model contract for retirees wishing to work as interim superintendents with districts on a per diem or short-term basis. Our attorneys can counsel retirees on the steps necessary to ensure that these earnings do not jeopardize retirement benefits.
Post-Retirement Representation: The Council can also represent Cabinet Members who discover contract issues that arise after retirement such as TRS determinations.
Contract Support
New Administrators: The Council will represent cabinet members in memorializing initial employment agreements, even before they join as members.
Contract Reviews/Renewals: The Council will review contracts to ensure consistency with state law and regulation and to identify out-of-date clauses that may jeopardize rights, or to identify benefits that should be restructured based on current trends, new statutes or changing personal situations. The Council will assist in memorializing any changes to the contract, negotiated by the Cabinet Member.
No Representation
The Council reserves its right to limit legal services to Cabinet Members, and will not provide legal services to Cabinet Members who have a claim or position adversarial to that of the superintendent or the district, including, but not limited to claims in the following areas:
1. Separation of service or termination proceedings
2. Enforcement of contract terms
3. Due process (3020-a) Proceedings
4. Litigation against the district (i.e. civil suits against the District or any of its employees or board members, past or present)
Legal Service Limitations
The Council’s Legal Service is designed to provide Cabinet Members with outside counsel in their personal contract related issues. It cannot supplement or supplant the district’s legal representation. The Council cannot:
• Provide legal advice concerning district matters.
• Provide collective bargaining representation.
• Defend criminal actions. However, after acquittal we may seek to ensure enforcement of the Cabinet Member’s preexisting contract.
• Defend the management decisions of the cabinet member. These are already indemnified by the
District as a matter of state law.
• Defend the Cabinet Member against actions of the community or district staff.
Cabinet Members taking advantage of The Council’s Legal Service agree to be bound by the terms of that service and to follow the direction of the Executive Director and Counsel.