Assistant General Counsel

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Legislative File File ID No. Introduction Date: Enactment No. Enactment Date: By:

Position Description

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	SALARY GRADE:

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: (Incumbents may perform any combination of the essential functions shown below. This position description is not intended to be an exhaustive list of all duties, knowledge, or abilities associated with this classification, but is intended to reflect the principal job elements accurately.)

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. E

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. E

Advise and represent the District in employer-employee relations procedures required by law, court decisions and decisions of the Public Employment Relations Board. E

Prepare and conduct litigation and administrative hearings including investigation of facts, testimony, preparation of pleadings and trial and appellate briefs. E

Prepare and litigate employee dismissal cases. E

Conduct investigations into charges that legal requirements or District policies and procedures have not been properly followed. E

Advise administrators regarding legal matters affecting the District. E

Prepare and render legal opinions to the Board of Education, the Superintendent and the senior administrative staff of the District. E

Advise the Board of Education and the District on all educational law and labor law matters. E

Assist the General Counsel in providing legal advice, representation and research for the Board of Education, Superintendent and members of the administrative staff. E

Attend and provide legal advice at the Board of Education meetings. E

Draft and review legal documents including rules, regulations, resolutions, applications, contracts, and various other legal documents. E

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. E

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. E

Provide labor and employment-related training, such as sexual harassment training, to District employees. E

Train, coach, supervise, and evaluate assigned staff. E

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.

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