Ref. 7583

 

TITLE:	Facilities Attorney	REPORTS TO:	General Counsel
DEPARTMENT:	Legal Office	CLASSIFICATION:	Classified Confidential
FLSA:	Exempt	WORK YEAR/HOURS	261 Days/7.5 Hours, or Duty Days/Hours as assigned.
ISSUED:	Revised September 2007 August 2007	SALARY GRADE:	CFCA 25

                                                                                   
BASIC FUNCTION:  Under the direction of the General Counsel, responsible for all legal matters related to the District’s facilities modernization bond program and other related work as required.
 

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).

 

E = Essential Functions

• Develops construction general conditions and special provisions for construction projects.  E
• Provides claims avoidance counseling and defense for public entities conducting capital programs involving complex construction and joint development projects.  E
• Drafts and assists in the enforcement of procurement procedures.  E
• Analyzes and resolves construction bid protests.  E
• Prepares and/or reviews contract documents for construction projects and for the purchase, lease, or sale of goods, services and professional services including specifications, bid documents, requests for proposals, requests for qualifications, bonds, and contractual agreements.  E
• Drafts and oversees Requests for Proposals and contract templates.  E
• Drafts and negotiates leases, joint use agreements, and memoranda of understanding.  E
• Prosecution and defense of public works Stop Notice Claims; Payment Bond and Mechanics’ Lien Foreclosure Actions; and, Easement and Quiet Title Actions. Tender claims to sureties.   E
• Provides assistance in real estate transactions including acquisition and sale of land and interests in land through preparation of contracts, leases, easements, deeds, trust deeds, instruments of title, liens, releases and other documents. Conducts title examinations. Negotiates and coordinates with surveyors, appraisers, engineers, property owners, tenants, and attorneys.  E
•  Prepares Federal and State litigation matters for hearings and trial.  E
• Conducts legal research, interviews clients and witnesses, gathers evidence, and handles other details necessary for litigation and trial preparation in all areas of law pertaining to school districts and construction law.  E
• Conducts and coordinates pretrial discovery, pretrial motions, legal briefs, develops strategy, arguments and testimony in preparation for presentation of case.  E
• Performs other duties as assigned.

 

MINIMUM QUALIFICATIONS:

TRAINING, EDUCATION AND EXPERIENCE:

Active member of the State Bar of California and admission to practice before the United States District Court for the Northern District of California.

 

Education:  Graduation from an accredited school of law. 

Experience: Five years experience in public procurement and construction law; education-related law, and municipal or public sector law highly desirable.

LICENSES AND OTHER REQUIREMENTS:

Valid California driver’s license.

Employment eligibility that may include fingerprints, tuberculosis and/or other employment clearance. 

 

KNOWLEDGE AND ABILITIES:

KNOWLEDGE OF:

Construction law, education law, public facilities use agreements, and affirmative action; land use and administrative law; rules of evidence; current economic, political and sociological conditions affecting school districts; current issues and special problems of large urban school districts and their communities.

District policies, applicable sections of the State Education Code, Public Contract Code and other laws and regulations

 

ABILITY TO:

Conduct investigations; prepare pleadings and briefs; prepare and render legal opinions; do legal research; prepare contracts; communicate effectively orally and in writing; use a computer; use photographic equipment; understand processes and systems; analyze, interpret and apply laws, rules, regulations and policies; maintain effective working relationships; address the unique problems of urban school districts and communities and be sensitive and responsive to diverse cultural and ethnic groups; work collaboratively and efficiently; manage time and be self-directed.

 

WORKING CONDITIONS:

ENVIRONMENT:

Office environment; with constant interruptions standard.  Driving to visit District and non-District sites to perform duties will be necessary. 

 

PHYSICAL DEMANDS:

Hearing, speaking and standing.  Sit and use hands to manipulate, handle or feel objects, tools, or controls. Walk, reach with hands and arms, occasionally climb or balance, and stoop, kneel or crouch.  May need to enter construction sites and adhere to standard or customary construction site rules and safety requirements.  Occasionally lift and/or move up to 50 pounds. 

 

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.