Job description
Description
Please be advised the District has implemented a mandatory COVID-19 vaccine policy. If you are not currently vaccinated, you will need to get vaccinated prior to your start date of employment unless you have a qualified medical or religious exemption.
DESCRIPTION:
The San Diego Unified Port District ("District") is seeking a Deputy General Counsel IV or V to work on a variety matters with a focus on land use. Duties will be as assigned but may include matters in the areas of California Environmental Quality Act (“CEQA”), California Coastal Act, National Environmental Policy Act (“NEPA”), Federal and State Endangered Species Act, historic resources, Public Trust Doctrine, administrative law, real estate and public contracts among others. The ideal candidate will have substantial land use experience but will be willing to learn and practice other areas of the law as needed to serve the District.
GENERAL PURPOSE:
Under general direction, performs a wide range of legal services of a routine to highly complex nature in representing the District; provides advice and counsel to District managers, staff and, through the General Counsel, the Board of Port Commissioners; conducts legal research and drafts legal documents; represents the Port in civil litigation and administrative hearings; and performs related duties as assigned.
DISTINGUISHING CHARACTERISTICS:
Deputy General Counsel IV is the advanced-level class in this series. An incumbent at this level works with minimal supervision and is expected to handle legal issues and questions of substantial complexity, sensitivity and have a broad range of knowledge and skill on legal matters, as well as areas and issues impacting or affecting the District. The employee is expected to be highly skilled, experienced and extremely capable of independently representing the Port in most if not all matters in court and before administrative agencies as determined by the General Counsel. The overall assignments will be more complex and difficult than those assigned to incumbents in the Deputy General Counsel III series. The employee must also be able to assume supervision of the Office of General Counsel in the temporary absence of the General Counsel and Assistant General Counsel.
Deputy General Counsel V is assigned to perform the most difficult and advanced functions and duties in the Office of the General Counsel. Under minimal direction, incumbents are responsible for independently handling cases, matters, and assignments that routinely are very difficult and highly complex, and handling cases, matters, and assignments that have the greatest potential impact upon the District and its Board of Port Commissioners. Incumbents at this level may also supervise a team of attorneys and may assume additional administrative duties as assigned. The incumbent must also be able to assume supervision of the Office of General Counsel in the absence of the General Counsel and/or Assistant General Counsel.
Essential Duties and Responsibilities
ESSENTIAL DUTIES AND RESPONSIBILITIES:
The following statements are intended to describe the general nature and level of work performed by people assigned to this classification. They are not intended to be an exhaustive list of all responsibilities, duties and skills required of personnel so classified.
Assists in representing or represents the District in civil litigation and administrative hearings held by local, state and federal agencies; performs all phases of pretrial, trial and appellate work; assists in or develops litigation strategy and alternatives, prepares briefs, drafts pleadings, motions and arguments; propounds or responds to requests for discovery and depositions in preparation for presentation of assigned cases; selects, retains and monitors the use of consultants and/or expert witnesses; files motions and briefs; represents the District in court or in administrative hearings on cases in full or in arguing motions and presenting other matters before the court or administrative agency; consults with legal staffs of other entities when joint cases or issues of mutual interest are litigated; when outside counsel is used, assists by providing support to facilitate discovery, monitors case status and audits bills for legal fees for reasonableness.- Provides legal information and advice to departments and through the General Counsel to the Board of Port Commissioners on a wide range of legal issues of varying difficulty and complexity; conducts risk assessments and identifies areas of potential liability; conducts research of various regulatory and statutory schemes and develops strategies for addressing issues; provides advice and direction to ensure Port compliance with legal and regulatory requirements; determines potential causes of action and/or defenses and develops strategies for cost recovery claims; develops creative solutions to legal issues and problems to satisfy differing policy objectives; and, determines priorities and timelines for the resolution of numerous competing legal issues.
- Conducts research on legal issues, federal and state statutory and case law and regulations and administrative interpretations; writes research memoranda and conclusions; drafts resolutions and ordinances ranging from routine to highly complex; prepares oral and written legal opinions for Port manager, staff and through the General Counsel to the Board of Port Commissioners; drafts, reviews and finalizes legal documents and instruments; reviews and approves contracts and agreements; drafts explanatory memoranda on legal implications of complex issues; and , reviews departmental documents for legal sufficiency.
- Assists in or advises District department directors, managers, supervisors and employees on their role in litigation and administrative proceedings, their responses to the public and media regarding legal issues and litigation and preparation for testimony in court and in administrative hearings.
- Analyzes proposed federal and state legislation for impacts on District policies, practices and operations; prepares reports of findings and conclusions; recommends revisions, amendments and other actions.
- Negotiates settlements to litigation, claims and disputes; participates with departments in negotiating and drafting complex contracts and agreements for acquisition, use and development of District property and facilities.
- Responds to public records requests; provides interpretations of code provisions to citizens, media and public official requests.
OTHER DUTIES:
Assists other attorneys in assigned phases of legal work on complex litigation.- Answers correspondence and responds to inquiries on legal matters related to District business, as assigned.
- Consults with legal staffs of member cities, other public agencies and Port stakeholders regarding legal issues facing the District.
- Other duties as assigned.
Qualifications
QUALIFICATIONS:
Knowledge of:
Principles and practices of civil and administrative law, and litigation, especially as they relate to governmental entities and special districts in the State of California.- Effective strategies, practices and techniques in the conduct of negotiations and litigation.
- Pleadings and effective practices and techniques in the presentation of court cases and administrative hearing procedures; judicial procedures and rules of evidence.
- The organization of the District, including the functions and interrelationships of its divisions and departments.
- Principles, methods and techniques of legal research and investigation.
- State and federal laws and regulations, court decisions and other legal requirements applicable to government or special district functions, operations and land use.
- Principles and practices of effective legal communication.
Ability to:
Prepare clear, concise and competent legal briefs, opinions, resolutions, contracts, agreements, leases, deeds, reports, correspondence, proposed legislation and other written materials.- Define issues, perform legal research, analyze problems, evaluate alternatives and develop sound conclusions and recommendations.
- Present statements of fact, law and argument clearly and logically.
- Exercise sound, independent judgment within general policy guidelines and legal parameters.
- Interpret state and federal laws, regulations, legislation and constitutional provisions affecting applicable Port operations.
- Represent the District effectively in hearings, courts of law, negotiations and meetings.
- Use a high degree of integrity and discretion in dealing with confidential or sensitive situations.
- Establish and maintain effective working relationships with all levels of District management and staff, officials of other governmental agencies, outside counsel, litigants, tenants and other Districts customers and stakeholders and others encountered in the course of work.
MINIMUM REQUIREMENTS:
Education, Training and Experience:
Graduation with a Juris Doctor degree from an accredited law school is required and at least five years of progressively responsible experience in the practice of law, preferably in a governmental setting and/or in the practice of specialized areas of the law such as employment and environmental law.
Licenses; Certificates; Special Requirements
Current membership in good standing in the State Bar of California and admission to practice in all courts of the State of California and federal courts.
A current, valid Class C driver license at the time of appointment and maintained at all times thereafter in order to operate a vehicle on District business.
California Department of Motor Vehicles (DMV) Pull Notice System: An incumbent in this position will be enrolled in the California DMV Pull Notice Program. The Pull Notice Program provides information on the incumbent’s driving record and driver license status on a periodic basis to the District. An employee assigned a District vehicle must acknowledge receipt and understanding of District Administrative procedures and policies covering the use of District vehicles.
This position may be subject to a pre-employment background check. The District will conduct a California Department of Justice/FBI fingerprint and criminal history check; felony convictions may be disqualifying. Misdemeanor convictions may be disqualifying depending on number, type, severity, and how recently they occurred. Criminal arrests and convictions during employment may result in termination or limitation in job duties if reasonable accommodation can be made.
IDEAL CANDIDATE PROFILE:
Excellent academic credentials.
At least five (5) years of progressively increasing responsibility land use law. Experience conducting administrative hearings and litigation is a bonus.
Provide advice to governmental departments, officials or private clients about land use matters. Draft and review legislation and engage with clients in the legislative process. Review CEQA, Coastal Act, NEPA and other land use documents, answer questions, provide advice, prepare documents and required findings. Manage assigned land use litigation, including engaging with clients, drafting and filing all motions and briefs, appearing in court or before administrative bodies and/or managing outside counsel. Draft, review and negotiate agreements, policy documents, State legislation and resolutions and ordinances. Work with other attorneys to solve problems and provide guidance on complicated legal questions regarding a variety of areas of the law, including, but not limited to land use law. Remain current with land use law; conduct on-going research for accurate advice. Attend hearings to provide information and answer legal questions.
Perform other duties as assigned.
Must be an excellent communicator in both written and oral presentations.
High customer/stakeholder-oriented focus toward achieving the District's strategic objectives, mission and vision.
The District provides a competitive salary and excellent benefits including medical, dental and life insurance; fourteen (14) paid holidays a year, paid vacation, tuition reimbursement, a retirement plan and more.
Current membership in good standing in the State Bar of California and admission to practice before State of California and federal courts.
A current, valid California Class C driver's license at time of appointment and maintained at all times thereafter in order to operate a vehicle on District business.
Supplemental Information
SUPPLEMENTAL INFORMATION:
PHYSICAL AND MENTAL DEMANDS
Persons with disabilities may be able to perform the essential duties of this class with reasonable accommodation. Reasonable accommodation will be evaluated on an individual basis and depends, in part, on the specific requirements for the job, the limitations related to disability and the ability of the hiring department to accommodate the limitation.
Resolution #:2014-130
Dated: June 10, 2014
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