The Palo Alto Unified school board is set to discuss whether to contract with an outside law firm for its general counsel position after a job posting didn't yield any candidates whom the district deemed to be qualified.
Board members are scheduled to discuss its top attorney role on Tuesday during their regular board meeting. In addition to the search for an individual to fill the position, the district also contacted two law firms and received proposals for staffing the general counsel position; however, each offers far fewer hours of an attorney's time than the full-time position that the district had previously.
The exact nature of the general counsel post is in limbo after the school board decided to terminate the only person to have ever held the job during a four-minute closed door meeting in August. The board voted 4-0, with Jesse Ladomirak absent, to let Komey Vishakan go "without cause" during the Aug. 4 closed session. Ever since, the board members have refused to publicly disclose their reasoning.
Vishakan was hired as general counsel in December 2018, after the board decided to retain an in-house lawyer to improve legal compliance and reduce costs. The district continued to contract with outside firms for specialized services, which Vishakan oversaw. In her role, Vishakan reported directly to the school board but had a dotted line to the superintendent.
At an Aug. 23 public meeting, board members supported keeping the head attorney position but said they were willing to either hire one directly or go through an outside firm. Superintendent Don Austin told the board that he had spoken with two law firms that the district has worked with and both were open to discussing possible arrangements.
The district subsequently posted the general counsel position on EdJoin, a common hiring platform used by California school districts, but didn't receive applicants who were considered suitable.
"The applicants did not have the experience and expertise required for the position. Our two main legal firms were also contacted for suggestions and options," according to background information from Austin in the Oct. 25 meeting agenda.
Dannis Woliver Kelley (DWK) and Atkinson, Andelson, Loya, Ruud, Romo (AALRR) submitted proposals. According to the board agenda, both firms are willing to amend their pitches to conform to additional parameters that the board may set.
The job posted on EdJoin is listed as being full time. As they currently stand, the DWK proposal would provide staffing 12 hours a week and AALRR's proposal offers an attorney for four and a half hours a week.
DWK is suggesting providing an attorney two days per week, for six hours each day. Two lawyers would alternate covering these hours, which would be conducted in person. That would cost the district $172,800 per year, with travel to the district office not charged against the on-site time. If the district wants additional consultation, a third lawyer would be available for Zoom meetings, which would cost $300 an hour.
AALRR is offering to provide an attorney with four hours of "standing availability" on a single day each week. During that time, the lawyer would be available for "office hours" that would be conducted over video conference, or in person at the district office "when required and permissible." Half an hour of follow-up telephone calls each week would also be included in the contract. For the period from Oct. 1, 2022 to June 30, 2023, AALRR would charge $42,000 for these services. When the attorney works in person at the district, travel time would be charged separately.
The general counsel's salary was a topic of discussion at the Aug. 23 board meeting. The job description attached to that meeting's agenda listed a salary range of $170,989-$188,634. Board members Ladomirak and Jennifer DiBrienza both advocated for considering higher pay.
"I think you need to look hard at the salary," Ladomirak said. "I think that's like a beginning associate level salary and I just think that's going to impact the quality of people that you get to apply."
When the position was posted on EdJoin, the pay was listed as "negotiable."
The open session of the Oct. 25 board meeting is scheduled to begin at 6:30 p.m. in the district's board room, 25 Churchill Ave. Members of the public can also participate via Zoom. The meeting is also set to be livestreamed on YouTube, as well as broadcast by Midpen Media. For full information about attending or watching the meeting, view the agenda at go.boarddocs.com/ca/pausd/Board.nsf.
Comments
Registered user
another community
on Oct 25, 2022 at 9:10 am
Registered user
on Oct 25, 2022 at 9:10 am
Is it possible that firing the previous in house attorney without cause in less than four years is a disincentive to any decent lawyer looking for work? Better double the pay.
Registered user
Palo Alto High School
on Oct 27, 2022 at 12:23 pm
Registered user
on Oct 27, 2022 at 12:23 pm
It's not without cause. There was no useful accountability, the metrics were subjective and not student focused and hostile hired outside firms actions were rubber-stamped. Parent concerns and requests for information as well as how many billable hours or PAUSD attorney time was spent against their family was spent were repeatedly ignored.
Registered user
Leland Manor/Garland Drive
on Oct 27, 2022 at 9:56 pm
Registered user
on Oct 27, 2022 at 9:56 pm
170 thousand would buy a lot of project based learning materials for the school programs that are being underfunded due to declining enrollment.