Assistant General Counsel

Title: Assistant General Counsel

Reports to: Assigned Supervisor

Department: Legal Office

Classification: Classified Management Confidential

FLSA: Exempt

Work Year/Hours: 261 days/7.5 hours

Issued: Created: September 2009

Basic Function

Under the direction of the General Counsel, advises the Board of Education, Superintendent and members of the senior administrative staff on employment and labor law. Assist the General Counsel in advising the Board of Education on governance and policy matters. Responsible for the management and supervision of the Legal Office and advising the Board of Education and Superintendent when the General Counsel is unavailable.

Perform administrative duties involving access to confidential information concerning employer-employee relations.

Representative Duties

E = Essential Functions

• Represent the District in civil litigation and administrative hearings before state and federal courts and agencies; perform all phases of pretrial, trial and appellate work; advise and make settlement recommendations to the Board of Education regarding the settlement of labor and employment cases.
• Represent the District in unit determination proceedings, unfair labor hearings, arbitration hearings, fact finding, special education fair hearings, disciplinary hearings and Equal Employment Opportunity Commission (EEOC), Fair Employment Practices Commission (FEPC), Office of Civil Rights (OCR) compliance reviews.
• Advise and represent the District in employer-employee relations procedures required by law, court decisions and decisions of the Public Employment Relations Board.
• Prepare and conduct litigation and administrative hearings including investigation of facts, testimony, preparation of pleadings and trial and appellate briefs.
• Prepare and litigate employee dismissal cases.
• Conduct investigations into charges that legal requirements or District policies and procedures have not been properly followed.
• Advise administrators regarding legal matters affecting the District.
• Prepare and render legal opinions to the Board of Education, the Superintendent and the senior administrative staff of the District.
• Advise the Board of Education and the District on all educational law and labor law matters.
• Assist the General Counsel in providing legal advice, representation and research for the Board of Education, Superintendent and members of the administrative staff.
• Attend and provide legal advice at the Board of Education meetings.
• Draft and review legal documents including rules, regulations, resolutions, applications, contracts, and various other legal documents.
• Provide legal assistance in drafting of legislative proposals presented by the District to the California Legislature; review proposed legislation to determine the effect upon the District.
• Anticipate the legal effects of proposed programs and projects; provide legal support for both educational and administrative programs proposed by the District and the Board of Education.
• Provide labor and employment-related training, such as sexual harassment training, to District employees.
• Train, coach, supervise, and evaluate assigned staff.
• Perform related duties as assigned.

Minimum Qualifications

Training, Education and Experience: Graduation from an accredited school of law and seven years experience in labor and education law; municipal or public-sector law highly desirable.

Licenses and Other Requirements

Active member of the State Bar of California and admission to practice before the United States District Court for the Northern District of California.

Valid California Driver’s License.

Employment eligibility will include fingerprints, tuberculosis and/or other employment clearance.

Knowledge and Abilities

Knowledge of

• Principles and techniques of labor relations
• Constitutional and administrative law
• District personnel policies and procedures
• Bargaining agreements and union contracts
• State and federal laws, codes and regulations concerning education and personnel administration including equal employment opportunity and affirmative action
• Rules of evidence
• Current economic, political and sociological conditions affecting school districts
• Current issue and special problems of large urban school districts and their communities
• Principles of supervision and evaluation

Ability to

• Prepare pleadings and briefs
• Prepare and render legal opinions
• Perform legal research
• Analyze, interpret and apply laws, rules, regulations and policies
• Understand processes and systems
• Work confidentially with discretion
• Communicate effectively in English orally and in writing
• Establish and maintain cooperative and effective working relationships with others
• Respond effectively to special circumstances of urban school districts and communities
• Interact in a sensitive and responsive manner with diverse cultural and ethnic groups
• Train, coach, supervise and evaluate
• Operate personal computer and related software

Working Conditions

Environment

Office environment, Board of Education public televised meetings; driving a vehicle to conduct work; fast-paced work; constant interruptions.

Physical Requirements

Dexterity of hands and fingers to operate a computer keyboard and other office equipment; sitting or standing for extended periods of time; hearing and speaking to exchange information and make presentations; seeing to read, write, and use the computer; kneeling and bending at the waist, reaching overhead, above the shoulders and horizontally; lifting, carrying, pushing, and pulling moderately light objects.