Despite having a full time lawyer on its payroll making a six-figure annual salary, Harford County's Board of Education recently hired a local law firm to represent the school board in any legal issues that could crop up between the board and Superintendent Robert Tomback.

An attorney with Stark and Keenan, P.A., of Bel Air, was hired to solely represent the school board, with the school system's current in-house legal counsel continuing to represent the superintendent, according to a letter of agreement between the board and the firm dated Feb. 3 and approved at the Feb. 13 board meeting.

Patrick Spicer, the school system's full-time, in-house legal counsel receives an annual salary of $133,000, according to Teri Kranefeld, the school system's director of communications.

The new legal services contract appears to contradict a section of Tomback's employment contract that he signed with the school board when he was hired in 2009.

Section 7, Paragraph B of the Tomback contract states: "Conflict. If a conflict reasonably exists relative to the legal position of the Superintendent and the legal position of the Board regarding the defense of any claim, the Superintendent may engage counsel of his choice and the Board shall reimburse the Superintendent for the reasonable costs of legal defense permitted by law."

As approved by the board on Feb. 13, the new legal services agreement states Stark & Keenan's Gregory Szoka will provide legal counsel to the Harford County Board of Education on an as-needed basis, at a rate of $225 per hour. No other member of the law firm can provide the services detailed unless the board agrees in writing.

Szoka's hourly fee includes "all charges for reproduction, secretarial, clerical, administrative or paralegal or legal assistant time," according to the agreement.

The agreement states the law firm will represent the board "in its capacity as the governing and appellate body of the Harford County Public School system."

"Stark and Keenan, P.A. will provide legal advice, representation and general legal services to the Board," the agreement continues, giving more specific examples of what such representation may include and concluding with the statement: "The Board may further require advice, representation and services in connection with such other matters as it may deem necessary and appropriate in its discretion."

During the school board's Feb. 13 meeting, member Robert Frisch asked president Leonard Wheeler to explain what the board was voting on "for purposes for the public to understand this is before the board." The contract was part of the board's consent agenda.

Wheeler explained that the board doesn't have legal counsel of its own, as Spicer serves both Tomback and the board.

Spicer representing the school system's general counsel and as board attorney was "not something we wish to continue," Wheeler said.

Tomback clarified that Spicer has served this "dual role" representing both for 10 years, "a situation that puts counsel in a difficult situation."

Following the meeting, Kranefeld, the school system's spokesperson, explained that "the board entered into this agreement in order to allow Patrick Spicer to represent the superintendent rather than the board in appeals to the board."

This agreement, Kranefeld continued, "allows Mr. Spicer to provide advice to staff regarding possible appeals rather than staff, e.g. [human resources], having to hire outside counsel to represent the superintendent." Before the contract was signed, Spicer was unable to assist staff.

"This arrangement will provide some additional efficiencies as Mr. Spicer is in-house and more easily accessible than outside counsel," Kranefeld said.

In a phone interview earlier this week, board vice president Rick Grambo said there was "no underlying event" that caused the decision to retain outside counsel, but he also said he felt it was a long time coming.

"Not to disparage what everyone has done in the past, but when something needs to be corrected, you correct it," Grambo said of Spicer's dual role. "If you look around, you will find very few people capable of representing both sides."

Grambo said the discussion of hiring legal counsel strictly for the board has been going on for several years.

"It's apparent the board needs its own representation in the school system," he said.