Job & Business Opportunities

Job Summary

Job Summary
This classification is primarily responsible for performing and managing a multitude of tasks with either a litigation or transactional emphasis, as assigned by the Chief Legal Counsel. This is the advanced journey, highly specialized and/or lead level within this series, responsible for the most complex assignments. Work mainly involves the gathering and interpretation of data dealing with complex problems and unexpected situations, including making recommendations.

Litigation Emphasis:
District litigation and defense, supervisory/administrative, and legal advisory.

Transaction Emphasis:
Contract, agreement, and response drafting; property and development; environmental and permit compliance; labor and personnel; and supervisory/administrative.

Supervision

Supervision Received
This class works under limited guidance and direction, wherein incumbent receives general instructions regarding the scope and approach to projects or assignments, but procedures and techniques are left to the discretion of the employee.

Supervision Exercised
This class may provide direct and/or indirect supervision to lower level personnel; however, this supervisory responsibility is not the primary purpose of the class.

Distinguishing Characteristics

N/A

Essential Functions

Litigation Emphasis
A. RT Defense
Duties may include:
Evaluate new litigation files and prepare appropriate pleadings. Direct written discovery and responses; take and defend depositions. Case management, which includes compliance with court case management requirements and monitoring case diary and deadlines. Case evaluation, which includes review of records and investigative materials and legal research. Communication with client, insurance carrier, opposing counsel, and others. Law and motion practice, which includes legal research, preparation of briefs, and oral argument. Arbitration and mediation practice, which includes preparation of briefs, witness preparation, attendance at hearing, and settlement negotiations. Develop litigation guidelines, procedures, and forms. Track and evaluate litigation statistics. Monitor legal developments affecting transit providers and public entities. Consult with other transit counsel regarding common litigation issues. Trial and appellate practice, which includes expert discovery, trial motions and research, witness preparation, attendance at trial, post-trial motions, appellate briefs, and oral argument. Other related duties as assigned.

B. Supervisory/Administrative
Duties may include:
Direct and supervise staffs work. Act as Acting Chief Legal Counsel in absence of Chief Legal Counsel. Oversee file management and workloads of support staff.

C. Legal Advisory
Duties may include:
Advise District staff, management, and Board regarding liability exposure and value of litigated cases. Advise District departments regarding potential litigation ramifications of their practices and procedures. Recommend changes in policy and procedure to prevent accidents. Educate staff regarding litigation issues. Other related duties as assigned.

Transactional Emphasis
A. Contract, Agreement and Response Drafting
Duties may include:
Review staff reports for legal sufficiency. Draft ordinances, resolutions, and policies, including editing draft resolutions and policies. Prepare legal opinions on complex issues. Interpret proposed legislation and develop legislative strategy. Review invitations to bid, request for proposals, and similar solicitations for legal sufficiency. Draft contracts and negotiates changes to standard provisions. Ensure compliance with federal and state laws and grants restrictions. Investigate and respond to bid protests. Mediate contract claims and disputes. Other related duties as assigned.

B. Environmental and Permit Compliance
Duties may include:
Review environmental reports for compliance with CEQA and NEPA regulations. Assist staff with obtaining federal, state, and local permits for project implementation. Assist in monitoring District compliance with federal, state, and local environmental laws and regulations. Coordinate and monitor outside consultants and counsel on environmental issues. Other related duties as assigned.

C. Property and Development
Duties may include:
Negotiate and draft terms of easements, leases, and licenses in the use of District-owned or non-District owned property. Advise District staff regarding conditions of transit development approval by County and City. Negotiate and draft dedication and reservation agreements to implement development conditions. Meet with property owners and staff to strategize on acquisition and relocation options. Other related duties as assigned.

D. Labor and Personnel
Duties may include:
Interpretation of collective bargaining agreements and memorandums of understanding. Advise employee relations and human resources staff on personnel and civil rights issues. Assist in issuing disciplinary actions and defending management in employee grievances. Assist in administration and investment of retirement plans and investment of retirement funds. Other related duties as assigned.

E. Supervisory/Administrative
Duties may include:
Supervise and train paralegal and administrative support staff. Act as Acting Chief Legal Counsel in absence of Chief Legal Counsel. Oversee file management and support staff’s workload. Advise District staff, management, and Board regarding legal issues.

Job Demands

Physical and Mental Requirements:
Mobility: frequent use of keyboard; frequent sitting for long periods of time; occasional bending or squatting. Lifting: frequently up to 10 pounds; occasionally up to 25 pounds. Vision: constraint use of overall vision; frequent reading and close-up work; occasional color and depth version. Dexterity: frequent repetitive motion; frequent writing; frequent grasping, holding, and reaching. Hearing/Talking: frequent hearing and talking, in person and on the phone. Emotional/Psychological: frequent decision-making and concentration; frequent public and/or coworker contact; occasional working alone. Environmental: None noted.

Knowledge and Abilities

Required Knowledge of:
Principles and practices of civil, constitutional, municipal, and administrative law.
Legal research.
Legal office procedures.
Legal goals and priorities.
State and federal regulations.
California Public Records Act
Federal and state statutes and regulations.
Public transit knowledge is highly desirable.
Litigation Emphasis
Principles and practices of tort law.
Lawsuit evaluation and settlement negotiations.
Litigation, arbitration, and case management procedures.
Rules of evidence pertaining to state and federal courts.
Applicable case law, statutes, and regulations that apply to operations of public agencies.

Transactional Emphasis
Contract law including cases, statutes, and regulations as applied to public agencies.
Federal and state grant requirements
Applicable federal, state, and local environmental laws, regulations and procedures.
Real property and land use law, as well as local ordinances and procedures.
Eminent domain law, federal and state acquisition regulations and procedures, and relocation requirements.
Personnel law, civil rights laws, investment fiduciary duties, and community property laws.

Required Ability to:
Provide information and documents as required by law while ensuring privacy rights are protected.
Apply legal authority to unique factual scenarios.
Provide legal advice.
Analyze complex facts, laws, and situations.
Balance priority assignments.
Learn District policies and procedures.
Research prior agency actions and review current agency policies and procedures for consistency in providing advice.
Interpret cases, statutes, and regulations that may provide conflicting directives or issues not addressed.
Coordinate information among departments to obtain consensus on issues and agency policies and procedures.

Required Computer Skills:
Common word processing software
Common spreadsheet software
Common database applications
ERMS software concepts
Email, contact management, and scheduling software

Minimum Qualifications — Any combination of education and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Required Prior Experience
Four years of progressively responsible experience as a practicing attorney preferably practicing public agency law and/or civil litigation or two years as an Attorney II with the District.

Required Education
A Juris Doctor degree and active membership in the California State Bar.