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California Code, Education Code - EDC § 45313

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) Except as provided in subdivision (b), the legal counsel of the governing board shall aid and represent the commission in all legal matters. If the legal counsel does not respond to a written request by the commission for aid or representation within 15 working days of receipt of the written request, the legal counsel is deemed to have refused to aid or represent the commission in that matter.

(b)(1) The legal counsel shall refuse to represent the commission in circumstances in which the legal counsel knows, or has reason to know, that at the time the request is made a conflict exists between the interests of the commission and the interests of the governing board or the school district.

(2) Notwithstanding any other provision of this article, a member of the commission may also declare that a conflict exists between the interests of the commission and the interests of the governing board or the school district. A conflict shall not be found pursuant to this paragraph unless approved by a majority vote of the members of the commission.

(c) If the legal counsel or the commission finds that a conflict exists, or if the legal counsel otherwise refuses to aid or represent the commission in a legal matter, the commission may employ its own attorney, and the reasonable cost of the attorney shall constitute a legal charge against the general funds of the school district.

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Cite this article: FindLaw.com - California Code, Education Code - EDC § 45313 - last updated January 01, 2025 | https://codes.findlaw.com/ca/education-code/edc-sect-45313/

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