NEWS Staff Report
Specifically, action may be taken at a 6 p.m. meeting on Friday, June 8, to rescind the board’s authorization of its officers to negotiate and select an interim attorney.
Such action was approved by a 6-1 vote during a May 31 special meeting. A 30-day termination notice was provided to the school district’s current legal counsel, Gus Acevedo, by a 5-2 vote during a special meeting on May 28.
As previously reported, the motion to seek an interim attorney was made by board member Fatima Huerta and seconded by fellow trustee Julian Huerta. “I move that the board authorize the board officers to negotiate and sign a legal service agreement with an interim district council to provide legal services for the San Benito CISD,” she said.
In response to concerns from the public that it may be “illegal” for only the board officers, which consists of Yliana G. Rodriguez as president, Anna Cruz as vice president and June Aguilera as secretary to negotiate and select an interim attorney; Fatima Huerta said there was nothing illegal about the authorization.
According to policy BBE (legal), she’s right, and citing 11.051(a-1) of the Education Code, the policy allows for an individual member of the board to act on behalf of the entire body if authorized by the board. BBE (local) also states as much: “Except for appropriate duties and functions of the Board President, an individual member may act on behalf of the Board only with the express authorization of the Board,” the policy reads.
Acevedo is still providing legal services until the expiration of his 30-day termination notice, which is on June 28.
Action may also be taken at Friday’s special meeting to approve of an interim attorney.