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Purpose
The San Bernardino County Board of Education (“Board”) recognizes the importance of obtaining independent, timely, and effective legal advice concerning the Board’s powers, duties, responsibilities, governance, and other matters within its jurisdiction.
The purpose of this policy is to establish procedures for the retention and oversight of legal counsel representing the Board; authorization and review of legal expenditures; communications between legal counsel and Board members; and coordination with employees of the San Bernardino County Superintendent of Schools (“SBCSS”) when those employees perform administrative or other functions on behalf of, or in support of, the Board.
All references to “designee” in the policy shall mean the Board Vice President or Board member designated by the Board President to act on the Board President’s behalf.
1. Legal Counsel to the Board
The Board may retain outside legal counsel when the Board determines that legal advice or representation is necessary or appropriate to protect or advance the lawful interests of the Board or to assist the Board in carrying out its constitutional, statutory, or other legal responsibilities.
Legal counsel retained by the Board pursuant to this policy represents the Board as the organizational client, except where an engagement agreement or other written agreement expressly provides otherwise.
The retention of legal counsel shall be approved by the Board in accordance with applicable law. The Board may approve an engagement agreement, contract, or other arrangement establishing rates, terms, scope of services, and other conditions of representation.
Nothing in this policy shall limit the Board's authority to retain separate or specialized counsel when the Board determines such representation is appropriate.
2. Board President as Liaison to Legal Counsel
The Board President, or designated Board Vice President or Board member (“designee”), shall serve as the Board’s principal liaison with legal counsel for purposes of administering legal services authorized by the Board.
In that capacity, the Board President or designee is authorized to:
- Communicate with counsel regarding matters within the scope of counsel’s authorized representation;
- Request legal advice or services concerning Board governance, Board meetings, Board policies, the Brown Act, the California Public Records Act, Board proceedings, administrative matters affecting the Board, and other matters within the Board’s jurisdiction;
- Coordinate the provision of information and documents reasonably necessary for counsel to provide legal services to the Board;
- Review the status, scope, anticipated cost, and necessity of legal services;
- Provide administrative direction concerning legal services, provided that such direction does not conflict with an action or direction of the Board; and
- Exercise the additional authority expressly delegated by this policy.
Nothing in this section prevents an individual Board member from communicating directly with Board counsel as permitted by this policy.
3. Authorization of Legal Costs Exceeding $2,000
Except as otherwise directed by the Board, the Board President, or designated Board Vice President or Board member (“designee”), shall have authority to approve legal services, assignments, or expenditures when the anticipated additional fees or costs for a matter, project, or discrete assignment exceed $2,000.
To the extent reasonably practicable, counsel shall obtain such approval before incurring fees or costs exceeding $2,000 for the applicable matter, project, or discrete assignment.
Prior approval shall not be required when immediate legal services are reasonably necessary to protect the Board’s interests, comply with a legal deadline, respond to litigation or threatened litigation, preserve a legal right or privilege, or address another time-sensitive matter. Counsel shall notify the Board President or designee of such circumstances as soon as reasonably practicable.
This section does not authorize expenditures exceeding any maximum contract amount, appropriation, or other fiscal limitation established by the Board or applicable law.
4. Review and Approval of Legal Invoices
All invoices for legal services provided to the Board shall be submitted monthly for review by the Board President, designated Board Vice President or Board member designee (“designee”).
The Board President or designee shall review each invoice for consistency with the applicable engagement agreement, authorized scope of services, approved rates, and any applicable expenditure authorization.
Following review, the Board President or designee is authorized to approve the invoice for payment.
Invoices shall contain sufficient information to permit meaningful review while protecting attorney-client privileged communications, attorney work product, confidential information, and information protected from disclosure by law.
The administrative processing or payment of an approved invoice by SBCSS personnel shall not authorize SBCSS personnel to direct, supervise, limit, expand, or otherwise control the legal representation of the Board.
5. Joint Representation and Common-Interest Arrangements
The Board recognizes that SBCSS employees may perform administrative, operational, or ministerial functions on behalf of or in support of the Board, including, but not limited to:
- preparing and distributing Board meeting agendas and supporting materials;
- receiving, coordinating, searching for records, or preparing responses to California Public Records Act requests involving the Board;
- maintaining Board records;
- providing administrative support for Board meetings, hearings, appeals, and other proceedings;
- implementing actions authorized or directed by the Board; and
- performing other functions in support of the Board’s lawful responsibilities.
When the Board and one or more SBCSS employees have aligned legal interests concerning such functions, it may be appropriate for Board counsel to communicate and work with those employees pursuant to an applicable attorney-client relationship, joint representation arrangement, common-interest agreement, or other legally permissible confidentiality arrangement.
The Board President, or designated Board Vice President or Board member (“designee”), is authorized on behalf of the Board to consent to joint representation and to enter into or approve common-interest or similar confidentiality arrangements with SBCSS employees when the President or designee determines, after consultation with legal counsel, that the arrangement is reasonably necessary or beneficial to the provision of legal services to the Board.
Any joint representation shall be subject to applicable law and the California Rules of Professional Conduct, including any requirement for disclosure and informed written consent. Before consenting to joint representation, the Board President or designee shall receive from counsel any disclosure required by applicable law concerning actual or reasonably foreseeable conflicts of interest and the material risks and reasonably available alternatives associated with the proposed representation.
Nothing in this policy shall be construed to create an attorney-client relationship between Board counsel and an SBCSS employee merely because the employee communicates with Board counsel, provides information to counsel, assists the Board, or participates in communications intended to further a common legal interest.
A common-interest arrangement likewise shall not, by itself, be construed as creating an attorney-client relationship between Board counsel and any person who is not otherwise a client of Board counsel.
If counsel determines that the interests of the Board and an SBCSS employee have become or are reasonably likely to become adverse, counsel shall promptly advise the affected client or clients consistent with counsel’s professional obligations, and any continued representation shall comply with applicable law and the California Rules of Professional Conduct.
6. Attorney-Client Privilege and Confidentiality
Communications with Board counsel shall be handled in a manner designed to preserve the attorney-client privilege, attorney work-product protection, and other applicable protections.
SBCSS employees assisting the Board may be included in confidential communications with Board counsel when counsel determines that their participation is reasonably necessary to facilitate the provision of legal advice or services, or when disclosure is otherwise appropriate pursuant to an applicable joint-representation, common-interest, or confidentiality arrangement.
Board members and employees participating in privileged or confidential communications shall maintain the confidentiality of such communications as required by law.
7. Communications from Board Counsel to Board Members
Legal counsel retained to represent the Board shall communicate directly with all members of the Board concerning matters within the scope of the representation.
All substantive written correspondence, legal opinions, memoranda, advice, reports, status updates, and other material communications from Board counsel concerning Board business shall be transmitted directly to each Board member within 48 hours unless:
- Applicable law, a conflict of interest, ethical obligation, or the nature of an individual representation requires otherwise;
- The communication concerns a matter involving fewer than all Board members in their individual capacities; or
- The Board expressly directs a different method of communication.
The Board President, designated Board Vice President or Board member, SBCSS staff, or any other person shall not serve as the exclusive conduit for communications between Board counsel and the Board.
Administrative personnel may be copied on communications when appropriate and when doing so is consistent with applicable confidentiality and privilege requirements, but the inclusion of administrative personnel shall not replace direct communication with Board members.
Nothing in this policy requires counsel to communicate with a Board member when counsel determines that doing so would violate applicable law, the California Rules of Professional Conduct, a court order, or counsel’s ethical obligations.
8. Requests for Legal Services by Individual Board Members
Individual Board members may communicate directly with Board counsel concerning Board business and may request preliminary legal guidance concerning matters within the scope of counsel’s engagement. If an individual Board member requests a Closed Session on an item and legal counsel agrees that there is an exception under the Brown Act to allow an issue to be discussed by the Board in Closed Session, counsel will communicate the necessity to the full Board.
When a request is reasonably expected to require substantial legal services, create costs exceeding the authorization established by this policy, materially expand the scope of an existing assignment, or concern a matter requiring action or direction from the Board as a body, counsel shall consult with the Board President or designee regarding authorization before undertaking substantial additional work.
Nothing in this section authorizes an individual Board member, acting alone, to direct litigation, settle a claim, waive a privilege belonging to the Board, alter the scope of counsel’s engagement, or otherwise exercise authority reserved by law to the Board as a body.
9. Independence of Board Counsel
Counsel retained by the Board shall exercise independent professional judgment in representing the Board.
The fact that SBCSS processes or pays invoices for Board legal services, provides administrative support to the Board, supplies information to counsel, or participates in a common-interest or joint-representation arrangement shall not alter the identity of the client or confer upon SBCSS personnel authority to control legal advice provided to the Board.
In the event of an actual or potential conflict between the Board and the County Superintendent of Schools, SBCSS, an SBCSS employee, or another person or entity, Board counsel shall advise the Board regarding the conflict and take such action as is required by applicable law and the California Rules of Professional Conduct.
10. Construction
This policy shall be interpreted to preserve the Board’s authority over its legal representation and to protect applicable attorney-client privilege, attorney work-product protection, confidentiality, and the independent professional judgment of legal counsel.
Nothing in this policy shall be interpreted to authorize an action inconsistent with applicable law, the California Rules of Professional Conduct, or a duly authorized action of the Board.
Adopted 10/12/26
4312 - Work Year - Management
Management employees are deemed exempt for purposes of federal and state wage and hour requirements. They receive an annual salary that is based on the position range and step placement and are expected to work the number of days per year designated or contracted for the position. Management employees are always on call to work as needed without extra compensation or compensatory time off for additional hours worked. This Policy further addresses the time off and holidays afforded to management employees.
Management employees receive "unassigned days". Unassigned days are non-holiday weekdays that may be taken as non· workdays with the approval of the immediate supervisor. Only 184 hours (23 unassigned days) shall be carried over to the subsequent year. The use of unassigned days that exceed the allotment may require the immediate supervisor to devise a schedule with the manager to utilize the hours prior to the end of fiscal year.
Management employees working less than 227 days per year shall work a set calendar that specifies which days are to be workdays, non-workdays (unassigned days) and holidays. Employees working Saturday, Sunday and/or holidays at any regular intervals will have these days reflected in their regular work year calendar. Managers who work on said days but do not have them reflected in their regular work year calendar shall make adjustments to their regular work year calendar to exchange a day for a day within the subsequent two (2) weeks to ensure workdays do not exceed the regular work year calendar.
The immediate supervisor of the manager with the approval of the branch head shall set the calendar. Any changes to the management employee's calendar, including any increase in the number of days worked beyond the regular work year calendar, require the written approval of the immediate supervisor and branch head.
Approved: October 23, 2013
Revised: September 20, 2016
Revised: December 5, 2017
Revised: July 26, 2022
County Schools' Regional Teachers Of Year Honored
SAN BERNARDINO – Five San Bernardino County Superintendent of Schools’ teachers have been recognized as regional teachers of the year.
The teachers, who represent special education, alternative education and state preschool, will be recognized by the County Board of Education on June 14. The ceremony will be held at the County Schools’ West End Educational Service Center, located at 8265 Aspen Ave. in Rancho Cucamonga.
“We are so proud of the outstanding work each of these teachers do in our County Schools’ classrooms on behalf of our students,” County Superintendent Ted Alejandre said. “They represent the excellence and dedication of staff across our Student Services programs.”
This year’s County Schools’ teachers of the year, the programs they represent and their school sites are:
- Leticia Castaneda, State Preschool, Lucy Siegrist School in Hesperia;
- Sharon Graham, East Valley special education, Judson and Brown Elementary in Redlands;
- Dvonne Pitruzzello, Alternative Education, Vision Community School in Colton;
- Colleen Sanden, West End special education, Live Oak Early Education Center in Ontario;
- Jane Stroup, Desert/Mountain special education, Vista Verde Elementary in Victorville.
Among the five teachers, Graham was chosen as County Schools’ Teacher of the Year in Student Services. She will represent County Schools in the countywide Teacher of the Year competition later this year.
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