Senior Staff Attorney

Full-time

No

North County Transit District Logo
NORTH COUNTY TRANSIT DISTRICT
invites applications for the position of:

Senior Staff Attorney

SALARY: - Hourly
$9, - $14, Monthly
$109, - $175, Annually
OPENING DATE: 04/15/22
CLOSING DATE: Continuous
DESCRIPTION:

Under direction of the General Counsel, the Senior Legal Counsel provides legal advice regarding a myriad of legal matters, including transactional matters, project development and management, environmental and storm water compliance, litigation, and regulatory compliance. The Senior Legal Counsel is responsible for environmental and stormwater permit compliance for NCTD’s real property, facilities, and right-of-way, as well as oversight of the insurance and risk management functions for the District. The Senior Legal Counsel provides highly responsible and complex support to the General Counsel and performs related duties as assigned.

Distinguishing Characteristics

This position is distinguished by its overall responsibility to provide legal counsel and fostering compliance with federal and state regulations to ensure District compliance. Additional responsibilities include evaluating and improving the effectiveness of the organization's internal controls, risk management, and governance processes. This position is expected to exercise considerable judgment and work independently and is responsible for complex legal matters, as well as providing advice to the Board of Directors, General Counsel, the Executive Director, and executive staff. This position is designated as “at-will” in accordance with the NCTD Employee Handbook.



This position may be designated as the Legally Responsible Person (LRP) for reporting and compliance with NCTD’s Storm Water Multi–Application and Report Tracking System (SMARTS), reporting to the State Water Board and related permitting and other reporting.



Supervision Received and Exercised

This position reports directly to the District’s General Counsel. This position has regular interaction with executive staff and senior managers, and the Board of Directors. Duties involve providing guidance and direction to Division Chiefs and their staff, and requires interaction and communication with the District’s federal, state, and local partners. Further, this position is expected to participate in the sharing of expert knowledge and as a vital member of various project teams that may be instituted.



Working Conditions

Normal working conditions for this position are in both an office and field setting. Business travel may be required periodically between District sites, governmental agencies, consultants’ facilities, and other locations as required.
EXAMPLES OF DUTIES:

Functions include, but are not limited to, the following:

Provides legal evaluation and insight to support District compliance with federal, state, and local laws, rules, and regulations, as well as additional regulatory agency requirements, including those of the Federal Transit Administration (FTA), Federal Railroad Administration (FRA), California Public Utilities Commission (CPUC), State Water Board, Army Corps, US Fish and Wildlife and other federal and state agencies, as applicable.
Provides legal expertise, recommendations, and review of NCTD policies and procedures and other documents for legality with laws and regulations to include development and oversight of District compliance programs.
Conducts and/or participates in compliance reviews and audits, reviewing and monitoring contract compliance and performance, and reviewing state and federal grants.
Responsible for the District property and liability insurance programs, and environmental planning functions to include related implementation and oversight of policies and procedures within assigned areas to ensure the implementation of best practices and compliance with applicable federal, state, local, and regulatory agency laws and rules.
Reviews and analyzes service contracts, goods contracts, construction contracts, leases, licenses, right-of-entry permits, easements, utility and development agreements.
Advises staff on contract modifications and reviews construction specifications to ensure compliance with state and federal law, NCTD policies, and applicable grant requirements.
Leads or assists General Counsel with negotiations for real estate development projects, land acquisitions, and major financial transactions, including lines of credit, lease revenue bonds, pension obligation bonds, certificates of participation, revenue anticipation notes, internal revenue audits, lease/leaseback transactions, and refunding.
Advises staff on public works, prevailing wage, labor compliance, California Environmental Quality Act (CEQA), and National Environmental Policy Act (NEPA). and MS4/NPDES regulatory compliance.
Ensures environmental compliance in NCTD business transactions.
Drafts proposed legislation and NCTD policies, ordinances, and amendments.
Studies, interprets, and applies constitutions, statutes, ordinances, court decisions, and legal opinions in connection with legal advice, suits, trials, hearings, appeals, and similar legal proceedings.
Defends or prosecutes (or directs the defense or prosecution), as legally required, civil actions and proceedings in which NCTD or any of its officers are involved.
Collaborates with NCTD managers on matters where legal considerations are present or likely. Conducts investigations, provides legal oversight and guidance, makes recommendations as appropriate to avoid or minimize negative outcomes, and reduces or eliminates liability by NCTD and its staff.
Researches, recommends, and drafts preventive law strategies and legal compliance programs on a wide range of topics to help minimize litigation, third-party disputes, and other potential legal issues.
Monitors legal developments including proposed legislation and court decisions that may impact NCTD and recommends action.
Researches and analyzes legal issues which affect NCTD exposure to litigation, transactional costs and risks, construction performance and obligations, and matters with direct consequence to the receipt, expenditure, and reimbursement of funds.
Advises staff on California Brown Act and Public Records Act requirements.
Advises staff on insurance and risk management matters.
Advises staff on the review and disposition of government claims received pursuant to Government Code section 810, et. seq.
Cultivates relationships with city attorneys, county counsel, and member agencies.
Prepares a variety of reports relating to legal activities and cases.
Performs other professional legal services as mandated by law or directed by General Counsel.
Performs other related duties as assigned.

QUALIFICATIONS:

Education/Experience

Juris Doctor or equivalent from an accredited school of law and a degree or significant experience in planning, engineering or a related field.
Minimum eight (8) years of professional, post-bar civil legal experience as an attorney.
Experience working with a public agency preferred.



Substitution of experience for the required education will not be accepted.

Licenses/Certifications

Active membership in good standing with the California State Bar required.
Possession of and the ability to maintain a California driver’s license, Class C, and a satisfactory driving record for the last five years.
Maintain compliance with the District’s policies regarding Standard of Conduct, Conflict of Interest, and Ethics.
Must be able to obtain and maintain access to Marine Corp Base Camp Pendleton.



Required license, certifications, and registrations must be maintained throughout employment.

General Requirements



Knowledge of:

Principles of civil, constitutional, and administrative law as it relates to NCTD. This includes government/public administration, municipal laws and ordinances, court methods and procedures, and legal authorities relative to public and private transportation entities.
State and federal laws and constitutional provisions affecting NCTD operations.
Familiarization with FTA and FRA regulations, California Public Contract Code, Government Code, and Public Utilities Code is preferred.
Principles of land use, municipal law and government finance, CEQA and NEPA.
Federal laws and regulations relating to transit grants and the principles of drafting and negotiating grant agreements, letter of no prejudice, and other federal grant documents.
Judicial proceedings at the administrative, trial, and appellate levels and rules of evidence.
Principles, methods, materials, and practices of legal research.





Ability to:

Analyze, appraise, and organize facts, evidence, and precedents and present such materials clearly in oral or written legal form.
Analyze and appraise a variety of legal documents and instruments.
Draft legal instruments such as resolutions, ordinances, contracts, and other pertinent documents.
Make effective court and hearing presentations, if required.
Establish and maintain effective professional relationships with NCTD staff and city attorneys, as well as local officials and the general public.
Communicate legal issues to non-attorneys.
Work successfully with diverse persons and interests both in government and with the public in general.
Draft and review legal opinions, contracts, ordinances, resolutions, leases, utility franchises, policies, legislation, and/or other legal documents; conduct related negotiations when applicable.

SUPPLEMENTAL INFORMATION:


APPLICATIONS MAY BE FILED ONLINE AT:
/

810 Mission Avenue
Oceanside, CA 92054




Position #FY2002-00041
SENIOR STAFF ATTORNEY
CB

Senior Staff Attorney Supplemental Questionnaire

* 1. Please be advised that an incomplete application WILL NOT be considered for employment. An attached resume is not an acceptable substitution for a completed application. Incomplete responses, false statements, omissions, or partial information may result in disqualification in the selection process. By continuing in the process, you are certifying that all information provided in the application and supplemental questionnaire is true to the best of your knowledge. Select "Yes" to reflect that you have read and understand this statement.
Yes Yes No No

* 2. APPLICANT'S ACKNOWLEDGMENT - NOTIFICATION VIA EMAIL: I understand that it is my responsibility to check my email, including junk mail or spam folders, for any communication from the North County Transit District. Communication will be sent via email to the email address I have provided on my application. Select "Yes" to reflect that you have read, understand, and agree to this statement.
Yes Yes No No

* Required Question

Legal