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