Who Pays When the Superintendent Needs Legal Counsel?

Legal Brief

A SUPERINTENDENT and board of education were having informal discussions regarding some provisions of the superintendent’s contract. One board member began strongly advocating for an interpretation of language that was financially punitive to the superintendent.

Normally, the school board attorney could help resolve this kind of dispute, but she had worked with both parties in drafting the contract and had an ethical duty to recuse herself from the conversation. In the end, the matter was resolved, but the superintendent paid thousands of dollars to private counsel to assist him.