The School Board of Miami-Dade County
Bylaws & Policies
Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the Bylaws and Policies of the Miami-Dade County Public Schools were adopted on May 11, 2011 and were in effect beginning July 1, 2011.
 

6900 - LEGAL SERVICES FOR EMPLOYEES OF THE BOARD

The School Board may defend officers and employees sued civilly or charged criminally as a result of the proper performance of his/her assigned duties and responsibilities. Under some circumstances, nonemployee authorized agents who are engaged in school related activities may also be entitled to this protection. Any employee, officer or authorized agent who is sued civilly or charged criminally as a result of activities arising out of the proper performance of his/her assigned duties and responsibilities must follow this policy.

Civil

When the officer, employee, or authorized agent is served with a summons and a complaint as a result of activities arising out of and in the course of the proper performance of assigned duties and responsibilities, it is the employee's responsibility to notify the Board Attorney and the Office of Risk and Benefits Management. Notification must be made immediately upon receipt of the suit papers, and these must be delivered to the Office of the Board Attorney, 1450 N.E. 2nd Avenue, Suite 430, Miami, Florida 33132, as soon as practicable. Delay can result in the Board’s denial of a defense, the loss of insurance protection or an entry of a default judgment against the person sued. Additionally, the Office of Risk and Benefits Management and the Board Attorney must be informed immediately when any formal demand for monetary damages resulting from alleged employee action or inaction is received.

Criminal

When the officer, employee, or authorized agent is arrested or charged criminally as the result of activities arising out of and in the course of the proper performance of assigned duties and responsibilities, it is the employee's responsibility to secure release and to notify the Board Attorney and the Office of Risk and Benefits Management. Notification must be made as soon as possible after the arrest or charge is made. Delay can result in the Board's denial of a defense or the loss any applicable insurance protection.

Recommendation to the Board

In any instance where the Board Attorney or counsel retained by the Board is to represent an officer or employee (or school-related non-employee) in either a civil or criminal action, the Superintendent will make that recommendation to the Board. When time does not permit prior recommendation to the Board, the Superintendent shall authorize the Board Attorney to represent the employee and report any action at the next regular meeting of the Board.

F.S. 111.07, 768.28, 1012.26