63.2-317 - Employment of counsel for local boards and employees; payment of expenses. - Virginia Statutes

§ 63.2-317. Employment of counsel for local boards and employees; payment ofexpenses.

Except in those cases in which the attorney for the Commonwealth or county orcity attorney represents the local board, a local board may employ legalcounsel in civil matters to give advice to or represent the local board orany of its members or the employees of the local department and may pay courtcosts and other expenses involved in the conduct of such civil matters fromfunds appropriated by the local governing body for the administration of thelocal department. Such counsel may be employed on a part-time basis for anyparticular action or actions. However, prior approval of the Department shallbe obtained by the local board before counsel is employed except in instanceswhere legal counsel is necessary for the provision of services or assistanceto eligible recipients under this title.

The Department may reimburse the local board for all or any part of suchexpenditures at the same rate in effect for all other administrative costs atthe time of the expenditure. However, the Department shall not reimburse thelocal board for any expenses for which payment was available through aninsurance policy currently in force.

Where such counsel is employed by the local board, the attorney for theCommonwealth or city attorney or county attorney may be relieved of hisresponsibility to represent the local board or local department in thatmatter.

(1976, c. 382, § 63.1-54.1; 1977, c. 184; 1985, c. 438; 2002, c. 747.)