0133 - JUDICIAL

Certain policies, contracts, and laws require that the Governing Board and/or its designee(s) conduct judicial, quasi-judicial, and prosecutorial functions.

The Governing Board may assume jurisdiction over any dispute or controversy arising within the ESC and concerning any matter in which authority has been vested in the Governing Board and/or its designee(s) by policy, contract, or law.

Any person appearing as a witness before the Governing Board or any of its designees/representatives in any administrative or executive proceeding or investigation, public or private, if the witness so requests, shall be permitted to be accompanied, represented, and advised by an attorney, whose participation shall be limited to the protection of the rights of the witness, and who may not examine or cross-examine witnesses. The witness shall be advised of the right to counsel before the witness is interrogated.

All Governing Board members, designees, and employees are engaged in the performance of judicial, quasi-judicial, and prosecutorial functions when assuming jurisdiction over any dispute or controversy arising within the ESC and concerning any matter in which authority has been vested in the Governing Board and/or its designee(s) by policy, contract, or law.

Engaging in the performance of judicial, quasi-judicial, and prosecutorial functions is necessary and essential to the exercise of powers of the Governing Board, as well as its members, designees, and employees.

Engaging in the performance of judicial, quasi-judicial, and prosecutorial functions is within the discretion of all Governing Board members and employees with respect to policymaking, planning, and enforcement powers by virtue of the duties and responsibilities of the respective offices and positions of the Governing Board members, designees, and employees.

© Neola 2009