If this part or its enforcement by the director or the board shall be called into question in any judicial proceeding or if any person shall fail or refuse to comply with the lawful orders or directions of the board, such board may call upon the proper county or city attorney or may employ independent counsel to represent it in sustaining this part and its enforcement. This independent counsel, if the board by resolution so prescribes, shall be in the unclassified service.
Ala. Code § 45-49-120.31 (1975)