Location: Kentfield & Indian Valley (Novato) Campuses, California
Description: PRIORITY SCREENING DATE: Tuesday, September 19, 2017
All application materials must be received by the Priority Screening Date in order to be considered during the initial screening. Applications received after this date may be considered thereafter at the discretion of the college until the position is filled.
Reporting to the Superintendent/President, the General Counsel is responsible for planning, organizing, and providing professional legal counsel and representation for the Marin Community College District and Board of Trustees. The General Counsel serves as the chief legal officer and advisor on all transactions and issues arising from programs and activities in the areas of governance, academic affairs, financial management, facilities management, business management, student services, and human resources. The General Counsel also manages the work of assigned internal legal personnel and contracted external counsels including bond construction counsel.
DIVERSITY STATEMENT College of Marin strives to embrace diversity in all forms: it strives to be an Inclusive community that fosters an open, enlightened and productive environment and demonstrates sensitivity to and respect for a diverse population.
Assume responsibility for ensuring that the programs and activities of the District are legally conducted in compliance with applicable laws, statutes, codes, and regulations.
Prepare and render legal opinions upon request to the Board of Trustees, Superintendent/President, and District administrative staff. Provide legal advice in the drafting of legal documents, application of rules and regulations, resolutions, applications of diverse types, and other legal or quasi-legal papers upon request.
Oversee all legal matters of the District, including delegation of assignments to and management of contracted external legal counsel in matters of construction, construction-related matters (bid process, bid protest, negotiation of agreements with contractors), discrimination claims, tax and finance, tort claims, general litigation, contract compliance, and other complaints filed against the District. Work with the District's third-party claims adjuster to resolve claims.
Provide legal services and advice to the Superintendent/President and the Board of Trustees at open and closed meetings of the Board. Prepare legal opinions for the Superintendent/President and the Board of Trustees, and prepare resolutions on behalf of the Superintendent/President and the Board.
Review and direct District investigations regarding EEOC, DFEH, Injury/Illness Incidents, Title IX, Cal OSHA, U.S. DOE, citizen complaints, and other pertinent/related complaints.
Work in coordination with chief of police and appropriate administrative offices regarding investigations and responses to Title IX complaints and other conduct issues.
Review and provide advice on arbitration and contract administration, including representing the District in arbitration cases.
Evaluate and advise on the merits of court cases, regulatory inquiries, and other legal actions filed against or on behalf of the District. Work with the appropriate executives to define strategic positions and/or defenses. Approve settlements of disputes where warranted.
Prepare litigation and/or administrative law hearings as directed by the Superintendent/President, including the preparation of pleadings, trial, appellate briefs, negotiations between parties, conduct of trial and hearing at the level of original jurisdiction or on appeal, and other court or hearing appearances to represent most effectively the mission and interests of the District as interpreted by the Superintendent/President or the Board of Trustees.
Prepare and conduct litigation and participate in federal, state, and local administrative proceedings as authorized by the Superintendent/President and the Board.
Participate in the development of District policies, procedures, and related business documents.
Negotiate complex and sensitive contracts, agreements, and settlements on behalf of the District which are consistent with District interests, law, and relevant rules of professional responsibility.
Identify, analyze, and respond appropriately to risks which have legal implications that may adversely affect realization of the District's educational and business objectives. Advise executives and managers regarding the legal aspects of their exposure to identified risks.
Assure adequate and appropriate systems and processes are in place to identify compliance violations. Advise executives and managers regarding the legal aspects of their compliance systems, exposure, and decisions.
Identify need for and develop educational and training programs and activities for the purpose of keeping the Board, executives, and managers informed of the latest changes in the law and policy and to prevent errors in their application.
Plan and conduct orientation and information programs for District administrators, department chairs, and others regarding relevant federal and state laws, including conducting supervisory training regarding legal workplace issues.
Serve as legal consultant in human resources matters and provide assistance to the District's negotiating teams in developing contracts with recognized employee organizations.
Direct, manage, and evaluate the work of assigned staff.
Regularly attend meetings of the Board of Trustees and Board committees to provide legal analysis and advice on legal and procedural matters.
Oversee the selection, retention, management, and evaluation of all outside counsel. Establish, manage, and ensure compliance with the budget for outside legal services.
Function as an integral partner within the Superintendent/President's senior leadership team.
A Juris Doctor degree from an accredited law school; and
License to practice law in the State of California; and
Membership in good standing with The State Bar of California; and
Experience: Five (5) years of paid experience in the practice of law which includes:
Experience working on matters related to corporate governance and a broad range of business functions.
Experience working directly with governing board members.
Experience in educational and/or public sector law.
Familiarity with administrative procedures, practices, and applicable laws affecting community colleges.
Familiarity with the principles and practices of educational and personnel administration, with an emphasis in public sector employment and labor law.
Demonstrated extensive knowledge of disability-related issues and resources in education and employment.
Experience in the legal aspects of facilities management and/or supervising lead construction counsel; and
Must maintain active bar membership in good standing throughout employment with the Marin Community College District.
Travel to locations within and outside the District is required.
Possession of a valid Class C California driver's license must be obtained within 10 days of establishing residency in the State of California.
Extensive experience in public contacts demonstrating skill in respectful and sensitive communication with people who are diverse in their cultures, language groups, abilities, lifestyle and backgrounds. Demonstrated sensitivity to, and an understanding of, the diverse academic, socioeconomic, cultural, disability and ethnic backgrounds of community college students.
KNOWLEDGE, SKILLS & ABILITIES (Desirable Attributes & Skills) The successful candidate is expected to have knowledge of:
Legal principles, practices, and procedures related to civil, constitutional, contract, employment, administrative, and business law
Methods, procedures, and practices used in the conduct of civil litigation
Judicial procedures and rules of evidence
Methods of legal research
Fact-finding methods and procedures
Methods and techniques for evaluating legal risks and liabilities and the business and practical consequences of related legal strategies
Methods and techniques used to effectively manage and contain legal expenses and costs
Business practices and legal aspects of corporate governance, academic affairs, student affairs, financial management, facilities management, business management, and human resources
Capabilities of computer systems and applications applicable to assigned areas of responsibility
Provisions of federal, state, and local legislation, statutes, codes, procedures and court decisions related to community college education and operations
Mission, goals, organization, and key personnel of the District
District Board Rules and administrative policies
Principles of business and public administration
Leadership and relationship management skills
Principles of public and community relations
Principles of training, supervising, and managing personnel
The successful candidate is expected to be able to:
Formulate a clear organizational vision, strategic plan, and appropriate operational goals, objectives, and outcomes for the legal services of the District.
Administer legal services of the District in a manner that is data and principle driven, manages risk, insures compliance, attains cost management goals, and achieves organizational effectiveness.
Successfully navigate and thrive in a multi-campus context through persuasion, influencing others, consensus, and effective communication.
Establish and implement a comprehensive program of reporting and communication.
Develop and implement the operating policies and procedures to insure organizational effectiveness and compliance with performance standards and goals.
Anticipate conditions, plan ahead, and establish priorities; act independently and promptly to situations and events.
Recognize the critical elements of problems, develop and evaluate data, and determine solutions.
Read an audience or situation and be attuned to the needs and concerns of clients and stakeholders.
Evaluate program operations and personnel.
Prepare and present effective oral and written communications, presentations, and reports.
Effectively communicate highly technical information concisely and in understandable terms.
Establish and maintain effective working relationships with industry representatives, officials of public and private organizations, internal stakeholders, and the public.
Support business needs and innovation through the use of information technology systems.
Project executive presence including gravitas, integrity, confidence, political acumen, and poise under pressure; maintain moral and ethical standards that reflect trust, honesty, integrity, credibility, and reliability.
CONDITIONS OF EMPLOYMENT Prior to employment, the selected candidate will be required to complete the following:
In accordance with Federal Law all employees must provide proof of eligibility to work in the United States.
Criminal Justice/Fingerprint Clearance.
California Education Code, Section 87408.6 requires persons employed by a community college in an academic or classified position to submit to a TB risk assessment developed by CDPH and CTCA and, if risk factors are present, an examination to determine that he or she is free of infectious TB; initially upon hire and every four years thereafter.
DISASTER SERVICE WORKERS: All Marin Community College District (MCCD) employees are designated Disaster Service Workers through state and local law (California Government Code Section 3100-3109). Employment with the MCCD requires the affirmation of a loyalty oath to this effect. Employees are required to complete all Disaster Service Worker-related training as assigned, and to return to work as ordered in the event of an emergency. For more information, please see the MCCD Emergency Operations Plan.
Candidates applying for positions with the Marin Community College District may be disqualified from consideration should their conviction history not meet the standards established under the California Education Code.
REQUIRED APPLICATION DOCUMENTS The following documents must be attached to your application in order to render it complete. Use the Attachment Type indicated in parentheses when making your attachments.
Cover Letter (cover letter)
Complete copy of college transcript conferring Bachelor's degree (bachelor's transcript)
Complete copy of college transcript conferring Juris Doctor degree (transcript)
Copy of License to practice law in the State of California (license)
FOREIGN DEGREE HOLDERS:All foreign degree credentials must be evaluated by a third party to determine the equivalent U.S. degree and major, and the Foreign Credential Evaluation must be attached to your application before your application will be considered. Not attaching your Foreign Credential Evaluation will render your application incomplete. Evaluations should include a course-by-course evaluation and provide the name of the institution attended, a description of your credentials, the major field of study, and the U.S. equivalent for each credential. For a list of evaluating agencies, visit the State of California Commission on Teacher Credentialing. Note: Even if you obtained your graduate degree(s) in the U.S., you must attach a Foreign Credential Evaluation for your undergraduate degree if it was obtained outside the U.S.
Supplemental & Salary Information: SPECIAL WORKING CONDITIONS This position requires extensive travel between local sites and the District Office. May require national and international travel. Position requires evening and weekend hours and working at multiple sites.
CLASSIFICATION CATEGORY The General Counsel is a classified administrative position, in compliance with all applicable sections of the California Education Code.
SALARY INFORMATION FLSA Status: Exempt Salary Level: Mangement 8 Salary Range: $178,430.00 - $220,039.00 annually. Background and experience will determine salary placement.
SELECTION PROCESS Applications must include the documents listed in the Required Documents section to be rendered complete; incomplete applications will not be accepted. Screening will begin after the priority screening date. Applicants selected to interview will be contacted to schedule an interview appointment with the screening committee; however, applicants will be notified of their status, either way, following the screening. Candidates forwarded by the committee following the first interview will be invited for a second interview.