LLS Board Policy 2.1 - 2.7 Revisions Second Reading

LLS Board Policy 2.1 - 2.7 Revisions Second Reading
Posted on 10/30/2017

STATEMENT OF VISION AND MISSION 

The Los Lunas Schools will develop a mission and vision statement that is meaningful to its stakeholders.  The statement of mission and vision will be directly related to student achievement the District’s commitment to continuous improvement, and will reflect shared values and beliefs about teaching and learning.  The statement will communicate the mission and vision to all levels of the organization.

The Board’s current mission statement is as follows:  Preparing, empowering, and inspiring all students to reach their maximum potential.  The Board’s current vision statement is “Every Student Matters.  Every Moment Counts”.

The statement of mission and vision will be reviewed annually and will  posted in buildings and on the Los Lunas Schools District website.

ADOPTED: May 13, 2008
REVISED: September 14, 2010; February 10, 2015
LEGAL REFERENCES:
CROSS REFERENCES:

LOS LUNAS BOARD OF EDUCATION

2.2.      BOARD MEMBERS

The State Legislature has granted to the people the power to form established local school districts and empowered the electorate to select mMembers to the local Boards of Education, who are empowered by statute to operate and manage the public schools.   (See Local School Board Powers, Section 22-5-4 NMSA 1978).

2.2.1. MEMBERSHIP

Officers and membership of the Board of Education shall consist of five (5) members elected for four (4)-year staggered terms.

School Board of Education public elections will be conducted on the first Tuesday in February of each odd-numbered year. It will be the responsibility of the Superintendent to confer with the Valencia County Clerk to arrange for such elections and to comply with statutes governing such elections.

Board of Education members will be elected by position from single member districts within the school district.

2.2.2 BOARD MEMBERS ELECTED BY DISTRICT

Once, following every federal decennial census, the Board shall divide the School District into a number of election districts equal in number to the number of members on the school board.  Such election districts shall be contiguous and compact and as equal in population as is practicable.

2.2.3.  QUALIFICATIONS

A candidate for membership on the Sschool Board must be a qualified elector and a resident of the single member district in which he/she is a candidate.

2.2.4. TERM OF OFFICE

The full term of office of a member of the Sschool Board shall be four (4) years from March 1 succeeding his/her election to office at a regular school district election.

Any member of the Sschool Board whose term of office has expired shall continue in that office until his/her successor is elected and qualified.

2.2.5.  METHOD OF ELECTION

A vacancy occurring in the membership of the Sschool Board shall be filled at an open meeting at which a quorum of the membership is present, by a majority vote of the remaining members appointing a qualified person to fill the vacancy.

A qualified person appointed to fill a vacancy occurring in the membership of the Sschool Board shall hold that office until the next regular school district election when an election shall be held to fill the vacancy for the unexpired term.

If a qualified person is not appointed to fill the vacancy within forty-five (45) days from the date the vacancy occurred, the Secretary of Education shall appoint a qualified person to fill the vacancy until the next regular Sschool Ddistrict election.

In the event vacancies occur in a majority of the full membership of the Sschool Board, the Secretary of Education shall appoint qualified persons to fill the vacancies.

Those persons appointed shall hold office until the next regular or special Sschool Ddistrict election when an election shall be held to fill the vacancies for the unexpired terms.

2.2.6.  FILING OF CANDIDACY

A candidate for membership on the local Sschool Board shall file a declaration of candidacy in the office of the Valencia County Clerk during the period commencing at 9:00 a.m. on the third Tuesday in December of the even-numbered year immediately preceding the date of the regular school district election and ending at 5:00 p.m. on the same day.

A candidate for a Sschool Bboard position that will be filled at a special school district election shall file a declaration of candidacy with the proper filing officer during the period commencing at 9:00 a.m. on the forty-eighth day before the election and ending at 5:00 p.m. on the same day.

A candidate shall file for only one Sschool Bboard position during a filing period.

The declaration of candidacy shall contain the following:

  1. the name, as shown on the affidavit of registration of the candidate, and address of the candidate;
  2. the position or position number to which the candidate seeks election;
  3. a statement by the candidate that he/she is a qualified elector of the State physically residing within the single member district for which he/she seeks election;
  4. a statement to the effect that the declaration of candidacy is an affidavit under oath and that any false statement made therein constitutes a fourth degree felony under the laws of New Mexico; and
  5. the signature of the candidate.

2.2.7. DUTIES

In accordance with New Mexico State Statutes the Public School Code, the following are functions the powers and duties of the local Board of Education:  (22-5-4 NMSA 1978).

  • subject to the rules of the Public Education Department, develop educational policies for the school district;
  • employ a local superintendent for the school district and fix his/her salary;
  • review and approve the annual school district budget;
  • acquire, lease and dispose of property;
  • have the capacity to sue and be sued;
  • acquire property by eminent domain pursuant to the procedures provided in the Eminent Domain Code (Sections 42A-1-1 to 42A-1-33 NMSA 1978);
  • issue general obligation bonds of the school district;
  • provide for the repair of and maintain all property belonging to the school district;
  • for good cause and upon order of the district court, subpoena witnesses and documents in connection with a hearing concerning any powers or duties of the local school boards;
  • except for expenditures for salaries, contract for the expenditure of money according to the provisions of the Procurement Code [Sections13-1-28 through 13-1-199 NMSA 1978];
  • adopt rules pertaining to the administration of all powers or duties of the local school Board;
  • accept or reject any charitable gift, grant, devise or bequest.The particular gift, grant, devise, or bequest accepted shall be considered an asset of the school district or the public school to which it is given; and
  • offer and, upon compliance with the conditions of such offer, pay rewards for information leading to the arrest and conviction (or other appropriate disciplinary disposition by the courts or juvenile authorities) of offenders in case of theft, defacement, or destruction of local school district property.All such rewards will be paid from school district funds in accordance with regulations promulgated by the Public Education Department.
  • give prior approval for any educational program in a public school in the school district that is to be conducted, sponsored, carried on or caused to be carried on by a private organization or agency.

    In accordance with the Public Education Department’s Standards for Excellentce  6.30.2.10., the local Board of Education shall:

    • review, approve and support the School Ddistrict’s PED-approved improvement plan Educational Plan for Student Success and each school site-level EPSS action department approved improvement plan;
    • employ and evaluate the Superintendent of Schools on an annual basis in accordance with Section 22-10-3-1 NMSA 1978 the School Personnel Act;
    • ensure that each Member of the Board participates in a planned program of training which will assist in the performance of specific duties develop a planned program of training annually, in which each member of the board participates, to assist in the performance of specified duties; this planned program shall align with the district's EPSS PED-approved improvement plan; training shall include the following requirements and procedures.

                              (a) All local school board members shall receive a total of five hours of annual training.

                              (b) Newly elected or appointed local school board members, who are in office for less than a year, shall receive three of the five hours from attending a training course developed by the department and sponsored by the New Mexico school boards association (NMSBA).

      The additional two hours of annual training for new board members shall consist of sessions sponsored by the NMSBA and approved by the department.

      (c) All board members who have been in office for one or more years shall attend five hours of annual training sponsored by the NMSBA and approved by the department.

      (d) In order to be credited with attendance at these courses, each attendee shall comply with written attendance procedures established by the department.  Prior to September 1 of each year, the NMSBA shall provide each local superintendent with a list of training hours earned annually by each local school board member.  The school district's accountability report shall include the names of those local school board members who failed to attend annual mandatory training.

    • delegate administrative and supervisory functions to the local Superintendent;
    • refrain from involvement in delegated administrative functions;
    • review, revise as needed, and submit policies to the Public Education Department on an annual basis;
    • award diplomas to students who have successfully completed graduation requirements;
    • ensure the alignment of district curricula with New Mexico cContent sStandards and bBenchmarks and performance standards;
    • ensure the district funds are appropriately managed and disbursed in accordance with laws, regulations and terms of grants;
    • approve the annual district budget;
    • be responsible for oversight of revenue and expenditure within the district budget; and
    • accept responsibility for ensuring the success of each school in the district. coordinate with the Superintendent to establish the procedures for discharging and terminating employees pursuant to Section 22-5-4 and the School Personnel Act.

The local Board of Education shall also:

  • set and publish Board educational goals for the school district;
  • ensure adopted Board policies are available to employees and patrons of the school district;
  • publish annually in a newspaper of general circulation in the school district an accountability report of the school district (22-2C-11 NMSA 1978); and
  • adopt an annual resolution specifying what notice of School Board meetings shall be given to the public, and conduct all School Board meetings in accordance with the Open Meetings Act. (10-15-1 through 10-15-4 NMSA 1978)

2.2.8.  NEW BOARD MEMBER ORIENTATION

Membership on the Board will be determined by citizens of the School District in elections which will be conducted on odd-numbered years during the month of February.  It will be the responsibility of the Superintendent to confer with the Valencia County Clerk to arrange for such elections and to comply with statutes governing such elections.  Under the guidance of experienced Board members and the Superintendent, orientation will be provided to new Board members through activities such as:

  • Workshops for new Board members conducted by state and area school bBoards associations or qualified consultants.
  • Discussions and visits with the Superintendent and/or other members of the staff.
  • Provision of printed and audio-visual materials on School Board and administrative policies and procedures.

2.2.9. SURETY BONDSED FOR BOARD OFFICERS MEMBERS

Before assuming the duties of office, the President and Secretary of a the local School Board and the Superintendent of Schools of a school district shall each obtain an official bond payable to the school district and conditioned upon the faithful performance of their duties during their terms of office.  The bonds shall be executed by a corporate surety company authorized to do business in this state.  The amount of each bond required shall be fixed by the local Sschool Board but shall not be less than five thousand dollars ($5,000).

The  A local Sschool Board may elect to obtain a schedule or blanket corporate surety bond covering all local Sschool Board members, the Sschool  Ddistrict administrators and employees for any period not exceed four years.

The cost of bonds obtained pursuant to this section shall be paid from the operational fund of the Sschool Ddistrict.  The bonds shall be approved by the Director of the Public School Finance Division and filed with the Secretary of Finance and Administration.  (22-5-7 NMSA 1978)

2.2.10.  COMPENSATION AND EMPLOYMENT

Members of the School Board shall serve without compensation.

No member of a local school Board shall be employed in any capacity by a school district governed by that local School Board during the term of office for which the member was elected or appointed.  (22-5-5 NMSA 1978)

2.2.11. NEPOTISM

The Superintendent shall not initially employ or approve the initial employment in any capacity of a person who is the spouse, father, father-in-law, mother, mother-in-law, son, son-in-law, daughter, or daughter-in-law, brother, brother-in-law, sister, or sister-in-law of any member of the School Board or the Superintendent.  The Board may waive the nepotism rule for family members of the Superintendent. (22-5-6 NMSA 1978)

2.2.12. CONFLICT OF INTEREST

Conflicts of interest shall be handled in accordance with state statutes.

2.2.13. BOARD MEMBERS’ RELATIVES DOING BUSINESS WITH THE SCHOOL DISTRICT

It is the intent of the Board of Education to allow lawful, open and fair bidding for all vendors wishing to do business with the District.

  1. Where the vendor is a member of the immediate family of a School Board member as defined herein, both parties shall adhere to the following requirements:
    • The family member and Board member(s) shall publicly disclose the relationship of the vendor to the Board member and shall sign an affidavit stating that the Board member has no financial interest in the business or transaction being considered and will not directly or indirectly profit from or receive compensation from the award of a contract.
    • The transaction proposed involving the relative of a Board member shall comply with the bidding or proposal requirements of the Procurement Code.
    • The Board member shall not participate in the discussion or vote regarding the award of the contract, nor shall they participate in the discussion or vote regarding payment of the contract.
    • Action on such a contract shall be taken at a public meeting.
  2. In the event a Board member has a financial interest in the contract or transaction, the Board of Education reserves the right to grant a waiver from unlawful employee participation pursuant to NMSA 1978, Sections 13-1-190 and 13-1-194 of the Procurement Code, upon making the following findings:
  • The financial interest of the Board member has been publicly disclosed;
  • The Board member will be able to perform his/her their procurement functions without actual or apparent bias or favoritism;
  • The Board member’s participation is in the best interest of the school district; and
  • The Board member abstains from discussion or vote on award of contract or payment under the contract after award.

C. Definitions - For the purpose of this policy, the following definitions apply:

  • “Immediate Family” means a spouse, children, parents, brothers or sisters.
  • “Financial Interest” means holding a position in a business as officer, director, trustee or partner or holding any position in management or ownership of more than five percent (5%) interest in a business.
  • “Employee” means an individual receiving a salary, wages or per diem and mileage from a state agency or local public body whether elected or not and any non-compensated individual performing personal services as an elected or appointed official or otherwise for a state agency or a local public body.

2.2.14. SCHOLARSHIP AWARDS

Scholarship awards will be paid directly to the appropriate educational institution upon receipt by the school district of official verification of enrollment of the student by the Registrar of a qualified educational institution.

ADOPTED:   May 13, 2008
REVISED:LEGAL REFERENCES:   NMSA 1978 Sections 1-22-1 to 1-22-19 (the School Election Law); NMSA 1978 Section 22-2C-11 (assessment and accountability  system); NMSA 1978 Sections 22-5-1 and 22-5-1.1 (single member school board districts); NMSA 1978 Section 22-5-4 NMSA 1978(Board powers and duties); NMSA 1978 Sections 13-1-28 to 13-1-199 (the Procurement Code)190 and 13-1-194; NMSA 1978 Section 22-5-5(prohibited compensation);  NMSA 1978 Section - 22-5-6 NMSA 1978(nepotism prohibited); NMSA 1978 Section 22-5-7(surety bonds); NMSA 1978 Section 22-5-8 (board member term of office); NMSA 1978 Sections 22-10A-1 to 22-10A-39 (the School Personnel Act)24 or 22-10A-27 NMSA 1978, 22-2C-11 NMSA 1978; Open Meetings Act.(NMSA 1978 Sections 10-15-1 through 10-15-4 NMSA 1978,(the Open Meetings Act); PED Standards for Excellencet NMAC 6.3029.1.2.10,; Section 22-10-3-1 NMSA 1978; Procurement Code 13-1-28 NMSA 1978, Eminent Domain Code (NMSA 1978 Sections 42A-1-1 to 42A-1-33 (Eminent Domain Code NMSA 1978);.
CROSS-REFERENCES:
LOS LUNAS BOARD OF EDUCATION

2.3. BOARD OFFICERS

The Board shall elect from its membership a president, a vice president, and a secretary.

2.3.1. METHOD OF ELECTION

Public elections for the Board will be conducted on odd-numbered years.

Election of Board officers will be conducted during the regular March meeting each year. The Board also has the authority to reorganize its officer positions at other times upon majority vote by the Board.

2.3.2. DUTIES

  1. President
    • To direct the development of agendas for regular, special and emergency meetings of the Board.
    • To preside at meetings, to maintain order and to assure compliance with the approved agenda and Open Meetings Act.
    • To appoint committees except in case of formal action by the Board to the contrary.
    • To call special meetings of the Board.
    • To sign all contracts and such other documents as may be proper and applicable to his position. , following approval of such documents by Board action.
    • To perform other duties that properly pertain to the office or those duties that may be delegated to him by the Board.
  2. Vice President
  • The vice president shall perform the duties of the president in the absence of the president.

 3. Secretary

 

  • To prepare, sign, or co-sign all legal documents, contracts, or checks as become the responsibility of his position., upon delegated authority or following approval of the transaction by the Board.
  • To perform such other duties as may be prescribed by law and policy of the Board.

ADOPTED:   May 13, 2008
REVISED:
LEGAL REFERENCES:  NMSA 1978 Section 22-5-7(A)
CROSS-REFERENCES:

LOS LUNAS BOARD OF EDUCATION

2.4.      BOARD COMMITTEES

When deemed necessary, for a specific task, a special committee may be appointed by the Board.  The Board shall also establish standing committees, composed as designated by    statute or resolution of the Board, to perform required functions.

2.4.1  FINANCE SUBCOMMITTEE POLICY

It is the intent of the Los Lunas Board of Education that it exercise its oversight in fiscal matters of the district in a thorough, responsible, and yet efficient, manner. The Board wishes to indicate its interest in einsuring that ­financial matters of the district reflect integrity and responsibility in their execution, and, through this policy will indi­cate the scope of oversight it intends.

     A.   Finance SubcCommittee's Responsibilities:

  1.       The President each year, at the reorganization of the Board, shall appoint a Finance SubcCommittee, consisting of two of the Board Members, subject to confirmation by the Board.  If either one or both of the designated Board Member (s) cannot attend the Finance SubcCommittee Meeting, an alternate Board Mem­ber (s) may be designated by the Board President.

2. The Finance SubcCCommittee shall meet at an agreed upon time set by the Committee Chairperson, who shall be a member of the Board.

3. The Finance Subcommittee shall:
(a)  make recommendations to the local school board in the following areas:
(1) financial planning, including reviews of the school district's  revenue and expenditure projections;
(2)   review of financial statements and periodic monitoring of revenues and expenses;
(3) annual budget preparation and oversight; and
(4)   procurement; and
(b)   serve as an external monitoring committee on budget and other financial matters.

3. 4.  At thiseach meeting of the Finance SubcCommittee, it shall review {financial status reports} with the Aadministration, {including, but not limited to, the Schedule of Checks Written and the Board Monthly Budget Reports, and discuss items of business that may have an impact to upon the School District’s fiscal affairs.  In consultation with the Chief Procurement Officer or the Business Office, as appropriate, Tthe Finance SubcCommittee will provide a recommendations or non-recommendation for action by the Board of Education foron purchasesprocurements over $20,000; professional services  contracts over $650,000; architect/engineer contracts over $650,000  in accordance with NMSA Chapter 13 –  the Procurement Code; out-of-state travel requests; construction contract change orders over $10,000; budget adjustments requiring State Public Education Department approval; intra-function budget change requests; the disposition of fixed assets; authorizations to sell General Obligation Bonds and other instruments of debt; and PTC  matching grants.}

2.4.2 AUDIT COMMITTEE

The Board shall appoint an audit committee that consists of two board members, one volunteer member who is a parent of a student attending the school district and one volunteer member who has experience in accounting or financial matters.  The Superintendent and the School District Finance Officer shall serve as ex-officio members of the committee.  The audit committee shall:

            (1)   evaluate the request for proposal for annual financial audit services; 

            (2)   recommend the selection of the financial auditor;

            (3)   attend the entrance and exit conferences for annual and special audits;

            (4)   meet with external financial auditors at least monthly after audit field work begins until the conclusion of the audit;

            (5)   be accessible to the external financial auditors as requested to facilitate communication with the board and the superintendent;
            (6)   track and report progress on the status of the most recent audit findings and advise the local school board on policy changes needed to address audit findings;
(7)   provide other advice and assistance as requested by the local school board; and
(8)   be subject to the same requirements regarding the confidentiality of audit information as those imposed upon the local school board by the Audit Act [12-6-1 through 12-6-14 NMSA 1978] and rules of the state auditor.

2.4.23. TEMPORARY COMMITTEES

Temporary committees may be created by the Board for special assignment.  When so created, such committees shall be terminated upon completing their assignments, or such committees may be terminated by a vote of the Board.  No action or decision of a special committee is legally binding or official unless authorized or approved by the Board in an official meeting.  The special committee shall automatically be dissolved when it has performed and completed its function.

2.4.34.  COMMITTEE OF THE WHOLE

Except as provided by law otherwise, committees’ work shallmay be doneperformed by members of the Board sitting as a committee of the whole.  The committee of the whole may be called to meet by the Ppresident of the Board, when, in his opinion, it is desirable, or when requested by three members of the Board.  The committee shall meet at such times and places as it may elect to consider any business relating to the district, and be consistent with Oopen Mmeetings Actlaw. 

ADOPTED:   May 13, 2008
REVISED
:
LEGAL REFERENCES:
NMSA 1978 Section 22-8-12.3 (Finance Subcommittee and Audit Committee); Sections 13-1-28 to 13-1-199, NMSA Chapter 13 – The Procurement Code
CROSS-REFERENCES:

LOS LUNAS BOARD OF EDUCATION

2.5.      BOARD-SUPERINTENDENT RELATIONS

It is agreed by authorities in the field of education that the legislation of  The adoption and promulgation of sound and comprehensive educational  policies is the most important function of a local sSchool Board,. and that tThe execution of the policies should then becomes the function of the Superintendent.  Delegation by the Board of its executive powers provides freedom for the Superintendent to manage the schools within established policies.  The Superintendent should then be held responsible by the Board for results.

The Board shall require the Superintendent to maintain an instructional program which will be broad and varied enough to meet the educational needs of all educableenrolled students as defined by consistent with state law and as being the designated responsibilityies of the School dDistrict.

The Board shall require of the Superintendent a program of special education for exceptional children as is generally provided for and in accordance with policies and plans of the Public Education Department in accordance with the needs of the students enrolled in of the Ddistrict.

The Board shall hold its chief administrative and executive officer, the Superintendent, responsible for the efficient administration and supervision of the entire school system.

The Board, in cooperation with the Superintendent, shall develop an organizational chart, which assigns responsibilities to the Superintendent and staff in definite, but broad general terms.

The Board, in cooperation with the Superintendent, shall appraise and evaluate the results of the educational process.

Board members shall refer persons making complaints about the schools, or any phase of the total school operation, to the Superintendent.

Equally important in a successful Board-Superintendent relationship is for both parties to know what is expected of the Superintendent.  In accordance with state law and the Public Education Department regulations, the local Superintendent shall:

* carry out the educational policies and rules of the state board and local school board;

* administer and supervise the school district;

* employ, fix the salaries of, assign, terminate or discharge all employees of the school district;

* prepare the school district budget based on public schools’ recommendations for review and approval by the Board and the State Public Education Department.  The Superintendent shall tellinform each school principal of the approximate amount of money that may be available for his school and provide a school budget template to use in making school budget recommendations;

* perform other duties required by law, the State Public Education Department, or the Board of Education including, but not limited to the following:

  • administer local Board policies, state law and federal law and regulations;
  • be accountable for student achievement, school district business, budget management, expenditure of funds, dissemination of information, district communications; and the development, implementation, and evaluation of the District’s PED-approved plan;
  • review, approve and support the District’s PED-approved plan and each school’s site-level strategic plan;
  • attend all Board meetings or, when necessary, designate a licensed administrator to attend;
  • ensure that School District patrons and the public are informed and involved in the acquisition, planning, and development of Sschool Ddistrict facilities, and that students are provided with adequate facilities which conform to state and federal mandates;
  • ensure that all students are supervised, be accountable for student safety, establish a process for the use of unlicensed content area experts as classroom resources, and issue notifications to parents,as required by NMAC 6.29.1.9(C)(6), (8) and (9); and
  • administer and implement the school district’s approved staff accountability plan and procedures.

 In addition, the Superintendent of Schools shall:

  • operate in a fair, open, and ethical manner at all times;
  • work with Board members on an equal basis and not show undue preference to individual Members of the Board;
  • strictly enforce the policies set forth by the Board and operate within the established procedures;
  • keep the Board fully informed on all matters of its concern;
  • interpret accurately the needs of the school system to the public;
  • work toward the improvement of the instructional program and staff relations;
  • avoid unexpected issues, topics, and areas of action at Board meetings so the Board members will can have adequate time to respond after being fully advised of all the facts;
  • operate the school system in a fiscally sound manner;
  • support Board decisions at all times;
  • evaluate the staff on a regular basis and in a fair and objective manner;
  • keep the Board advised of changes, innovations, and trends in education that might be applicable to the school system; and
  • function as the Board’s chief executive officer.

The Superintendent may apply to the Public Education Department for a waiver of certain provisions of the Public School Code relating to length of school day, staffing patterns, subject areas or the purchase of instructional materials for the purpose of implementing a collaborative school improvement program for an individual public school.

2.5.1.  DELEGATION OF AUTHORITY

The Board expressly delegates to the Superintendent the power:

  1. To act as hearing officer or hearing authority for the purposes of hearing or reviewing facts, deciding appropriate disciplinary action or reviewing disciplinary actions of other designated or authorized administrators, consistent with procedures established by state law or regulations or Board policy.The Superintendent is also designated as the hearing authority, review authority, or disciplinarian in hearings involving the long-term suspension or expulsion of public school students.The Superintendent may designate other administrators to perform any of these functions.
  2. To effect the immediate and temporary suspension with pay of public school employees, whether certified or non-certified, where the Superintendent in the exercise of his sole discretion, determines such immediate action to be in the best interests of the school district, necessary to preserve the health, safety, or welfare of the students or other employees of the district, or to assure the continued efficient operation of the school district.No appeal to the Board from such action may be had unless the Superintendent also recommends Board action to suspend such employee without pay or to terminate or discharge such employee.

3.         To act as the spokesperson to the media on behalf of the Board.

The delegation of authority provided herein may not be used in a manner contrary to state law or regulation or to deny any student or employee rights to which he or she may otherwise be entitled. The Board may expand the delegation prescribed herein in appropriate circumstances.  The enumeration of delegated authorities to the Superintendent shall not be construed to limit the authority of the Superintendent to take such further actions as may be necessary to administer school district programs or to execute School Board policy, unless such authority is reserved exclusively to the School Board by state law.

ADOPTED:   May 13, 2008
REVISED:
LEGAL REFERENCES:  NMSA 1978 Section 22-5-14; NMAC 6.29.1.9
CROSS-REFERENCES:

LOS LUNAS BOARD OF EDUCATION

2.6.      ACCESS TO LEGAL COUNSEL

Legal counsel for the Los Lunas Public Schools is appointed engaged under contract to serve the Board of Education.  The Board President and the Superintendent are authorized to consult with the Board’s attorney(s) as needed.  In the event of any dispute between the Superintendent and the Board, it shall be clearly understood that the Board’s attorney(s) shall represent the Board’s interests.

If the Superintendent and Board President refuse to consult the Board’s legal counsel on a matter raised by at least two members of the Board, the attorney(s) shall respond to a request for information or advice made in writing to the attorney or law firm by the two members.  The response from the attorney(s) shall be made available to the Superintendent and the Board President.  In all cases, no matter the source of the request for information or advice, the attorney(s) shall notify the Superintendent and all Board members of the request and of the date of response by the firm.  It shall be the duty of the Superintendent to share with Board members the attorney’s response or a sufficient summary of it to keep the Board well informed.

No district employee may consult the Board’s legal counsel without permission of the Superintendent.

2.6.1   Legal Counsel for the Board: The Los Lunas Board of Education recognizes the need for quality legal counsel in light of the increasing complexity of statutes, regulations, and policies under which the district operates.

2.6.2    Purpose of legal counsel: Legal counsel is retained by the Los Lunas Board of Education as counsel for the Board to provide consultative legal advice, consultation and representation service on any matter related to the operation of the Ddistrict.  Legal counsel may be asked to provide legal advice, render legal opinions, prepare resolutions, review proposed Board actions, represent the Board in courts of law, or provide other legal service the Board or Superintendent may request or require on behalf of the dis­trict.

2.6.3    Access to the legal counsel: The Board designates the Super­intendent as the sole administrative access to the Board's legal counsel. The Superintendent may, on a need’s basis, delegate the responsibility for contact with the legal counsel to a member of the staff.

The Board acknowledges that any individual Board member's need for legal counsel on matters related to the schools must recognize the fact that the Board as an entity and local public body is the client for counsel, and that therefore, other members of the Board shall be apprised by the  legal counsel  of the contact and the nature of the issue on which legal advice was sought. Individual members of the Board may contact the Board’s legal counsel at any time for any of the purposes as outlined above.

Such individual contact shall not authorize the legal counsel to pursue any directed legal actions. On legal matters related to personnel issues, formal Board authorization is required before directed legal action shall be taken.

2.6.4    Evaluation of Service: At the first meeting of the Board in April, prior to the expiration of the contract with the legal counsel, the Board shall assess the quality of service pro­vided by the legal counsel. This e Board’s evaluation determination shall be a sig­nificant consideration in the subsequent request for proposals for legal service.

ADOPTED:   May 13, 2008
REVISED:
LEGAL REFERENCES:
CROSS-REFERENCES:

LOS LUNAS BOARD OF EDUCATION

2.7.      CONSULTANTS

 Subject to compliance with the Procurement Code, Tthe Board may employ consultants andor contract for professional services to provide needed expertise in a specific areas related to School District or Board business, programs or operations.

ADOPTED:   May 13, 2008
REVISED:
LEGAL REFERENCES:
CROSS-REFERENCES:

LOS LUNAS BOARD OF EDUCATION
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