0156 - APPOINTMENT OF LEGAL ADVISORS

Pursuant to R.C. 3313.35, the prosecuting attorney of the county in which the largest number of students supervised by the Governing Board reside shall be the legal adviser of the Governing Board. The prosecuting attorney shall prosecute all actions against a member or officer of a board for malfeasance or misfeasance in office, and the prosecuting attorney shall be the legal counsel of the Governing Board and its officers in all civil actions brought by or against them and shall conduct such actions in the prosecuting attorney’s official capacity. No compensation in addition to the prosecuting attorney’s regular salary shall be allowed for such services.

When a civil action is between the Governing Board and another board in the same county, the prosecuting attorney shall not be required to act for either of them. 

The Governing Board has the discretionary authority to employ private legal counsel (who is not the Law Director) to represent the Governing Board and render legal services provided that such private legal counsel is paid from the school fund.

The Governing Board also has the discretionary authority to employ legal counsel as “in-house” counsel for the Governing Board.

Ohio Valley Educational Service Center