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Senior Legal Counsel

Company: North County Transit District
Location: Oceanside
Posted on: January 22, 2023

Job 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 NCTDs real property, facilities, and right-of-way. 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 foster 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 NCTDs Storm Water MultiApplication and Report Tracking System (SMARTS), reporting to the State Water Board and related permitting and other reporting. EXAMPLES OF DUTIES Essential Functions: Duties may 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. Advises on matters related to 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 goods and services contracts, construction contracts, leases, licenses, right-of-entry permits, easements, utility, and development agreements and related indemnity provisions. 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), National Environmental Policy Act (NEPA) and MS4/NPDES regulatory compliance and ensures environmental compliance in NCTD business transactions. Leads or assists General Counsel in oversight of outside counsel in litigation and advisory matters. 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. 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 to mitigate risk, 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. Sits as legal advisor to the Board of Directors and Board Committees as requested by General Counsel 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 five (5) 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 is not accepted. Licenses/Certifications Active membership in good standing with the California State Bar required. Possession of and the ability to maintain a California drivers license, Class C, with less than 6 points in the preceding 36-month period, and no DUI violations in the prior seven (7) years. Maintain compliance with the Districts policies regarding Standard of Conduct, Conflict of Interest, and Ethics. Must be able to obtain and maintain annual 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, administrative and criminal 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 Federal Transit Administration and Federal Railroad Administration regulations, California Public Contract Code, California Government Code, and California Public Utilities Code is preferred. Principles of land use, municipal law and government finance, California Environmental Quality Act (CEQA), and National Environmental Policy Act (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. Statutory and other legal authorities prescribing the development, adoption, administrative, and enforcement of congestion management plans. Judicial proceedings at the administrative, trial, and appellate levels and rules of evidence. Principles, methods, materials, and practices of legal research and writing. 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 personnel and city attorneys, as well as local officials and the 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.Apply online at www.gonctd.com/careers. NCTD is an EEO Employerby Jobble

Keywords: North County Transit District, Oceanside , Senior Legal Counsel, Legal , Oceanside, California

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