General Counsel - Legal Department (2018-19)

Ref: PCN2425

TITLE:

General Counsel

REPORTS TO:

Board of Education and Superintendent

DEPARTMENT:

Legal

CLASSIFICATION:

Classified Confidential

FLSA:

Exempt

WORK YEAR/HOURS:

261 Days/7.5 Hours, or

Duty Days/Hours as assigned.

ISSUED:

Date of Board Approval

SALARY GRADE:

Employment Contract

BASIC FUNCTION: The General Counsel reports to the Board of Education and the Superintendent, and is the primary legal advisor and legal representative of the District. The General Counsel primary responsibilities include: 1) providing legal advice to the Board of Education on a vast array of complex governance and policy issues, including but not limited to public meeting laws, election laws, bonds and parcel taxes, and conflict of interest laws; 2) providing legal advice to the Board of Education, Superintendent and the District senior leadership team on legal issues, including general public education law, special education law, labor and employment law, litigation and claims, contracts, bids, construction, real property, and charter school law; 3) managing and supervising the District Legal Office, including the Labor Relations Department; 5) protecting and preserving the legal, ethical and financial stability of the District; and 5) as a member of the senior management team, serving as a highly visible representative of the school district and a participant in all major policy discussions.

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 accurately reflect the principal job elements).

ESSENTIAL FUNCTIONS:

Governance & Policy

Advises the Board of Education in open and closed session, regular and special meetings.

Assist in the formulation and development of Board policies and procedures; advise the Board of Education and the Superintendent of unusual trends or problems and recommend appropriate corrective action.

Advises the Board of Education, Superintendent, school sites and departments on legal requirements, and the development of and compliance with board policies and administrative regulations

Support the District's five year strategic plan, "Community Schools, Thriving Students" to ensure that every student graduates from high school as a caring, competent, critical thinker, ready for college and career

Ensure all District employees and partners comply with laws, regulations, policies and the District's strategic plan

Advises on major policy initiatives, including the strategic plan, the balanced scorecard, the Voluntary Resolution Plan (VRP) to end disproportionate suspensions of African American male students, the CORE waiver, the implementation of the Core Curriculum standards, ensuring equal access to educational opportunities for all students, including English Language Learners, special education students, foster students and students from at risk, low income communities.

Advises the District on public records laws, open government laws, election laws, including parcel taxes and bonds, and conflict of interest laws and requirements

Drafting of legislative proposals presented by the District to the California legislature.

Draft and review legal documents including rules, regulations, resolutions

Management and Leadership

Plan, organize and implement long and short-term programs and activities of the Legal Division.

Select, train and evaluate the performance of assigned staff;

Provide for continuing departmental staff training regarding legal issues, process and procedures.

Direct the preparation and maintenance of a variety of narrative and statistical reports, records and files related to assigned activities and personnel.

Develop and prepare the annual preliminary budget for the legal division; analyze and review budgetary and financial data; control and authorize expenditures in accordance with established limitations.

Labor and Employment

Advises the District on public employees' legal rights and duties

Collaborates with Labor Relations and other departments around issues relating to collective bargaining rights

Advises on employee discipline and misconduct

Represents the District in employee discipline and termination proceedings

Represents the District in Labor and Employment law matters before state and federal courts

Investigates and responds to complaints filed with the Equal Employment Opportunity Commission (EEOC), Department of Fair Employment and Housing (DFEH) and other agencies

Litigation/Claims

Investigatesand resolves Government Tort Claims

Defends the District inlitigation against the District

Business Operations

Drafts, negotiates, and/or reviews contracts and memoranda of understanding (MOU's)

Advises staff on matters related to procurement, contracts and agreements

Prepares and coordinates Request for Proposal's, Request for Qualification's, and other contract outreach

Supports fiscal services audits, waivers and compliance

Supports the District's Facilities and Buildings and Grounds programs and services, including the Bond program modernization programs, local business program and Project Labor Agreement

Special Education

Handles state and federal special education and Section 504 compliance issues

Represents the District at special education mediations and due process hearings

Represents the District in special education litigation

General Student Matters

Investigates and responds to regulatory inquiries from the Office of Civil Rights (OCR) and the California Department of Education (CDOE)

Facilitates child custody conflicts and abuse reporting responsibilities at school sites

Responds to student records requests

Advises school sites and student discipline office in suspension, expulsion, and transfer of students

Advises on constitutional issues related to student's civil rights, including free speech, searches, non-discrimination and other related issues

Charter Schools

Supports compliance with Proposition 39 and charter schools facilities requests

Reviews charters for legal compliance

Perform related duties as assigned

PREREQUISITES

Juris Doctor Degree from an American Bar Association accredited institution

Ten years of experience in the practice of law, including substantial responsible experience as Counsel for a large, urban public entity; directly related school law experience is highly desirable

Active membership in good standing of California State Bar Association

Demonstrated ability to effectively manage a departmental budget and a team in a complex organization

Licensed to practice law in the State of California

Exceptional organizational, communications, public relations, and interpersonal skills

Demonstrated ability to think strategically

Unwavering commitment to the mission of Oakland Unified School District

Valid California Driver's License, if applicable

PRE-EMPLOYMENT PROCESS:

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

WORKING CONDITIONS

ENVIRONMENT:

Office and school site environments; driving a vehicle to conduct work; fast-paced work; constant interruptions.

PHYSICAL DEMANDS:Hearing and speaking to exchange information in person and make presentations; dexterity of hands and fingers to operate a computer keyboard; seeing to monitor various activities and read documents, and view computer monitors; travelling off-site; sitting or standing for extended periods of time; kneeling, bending at the waist, and reaching overhead, above the shoulders, and horizontally; lifting light objects.

NON-DISCRIMINATION POLICY:The Oakland Unified School District does not discriminate in any program, activity, or in employment on the basis of actual or perceived race, religion, color, national origin, ancestry, age, marital status, pregnancy, physical or mental disability, medical condition, genetic information, veteran status, gender, sex, or sexual orientation.



Primary Location: Legal Counsel
Salary Range: per contract / Contract
Shift Type: Full-Time

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