15-1448. Employment of legal counsel; opinions
of counsel
A. If a district lies in two or more counties, the county attorney of the largest
county in which the district lies as determined by the last federal decennial census is
the attorney for the district.
B. A district board may employ an attorney to represent the district if the county
attorney consents. The district board shall state in writing the purpose for which it
employs an attorney.
C. A district board may employ an attorney without the consent of the county
attorney if it deems it advisable.
D. Compensation for an attorney whom the district board employs as provided in
subsections B and C of this section is payable from district monies.
E. If a district board employs an attorney without the consent of the county
attorney, the county attorney has no duty to represent the district with regard to any
matter for which the attorney was employed and is not responsible to the district for any
exercise of, or failure to exercise, professional judgment by the attorney in his
representation of the district.
F. The county attorney is not required to assume the duty to represent the district
on a matter for which the district board employs an attorney without the consent of the
county attorney.
G. An attorney employed pursuant to subsection B or C of this section shall
represent the district with the powers of and the duties otherwise performed by the
county attorney pursuant to section 11-532, subsection A, paragraph 11.
H. Any county attorney who issues a legal opinion to a community college district
shall promptly transmit a copy of the opinion to the attorney general who shall concur,
revise or decline to review the opinion of the county attorney. If the attorney general
does not concur, revise, or decline to review the county attorney's opinion within sixty
days from its receipt, the opinion shall be deemed affirmed. If the attorney general
revises the opinion, the opinion of the attorney general shall prevail.
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