Ref: 8439

 

 

TITLE:	Staff Attorney	REPORTS TO:	Assigned Supervisor
DEPARTMENT:	Legal Office	CLASSIFICATION:	Classified Confidential
FLSA:	Exempt	WORK YEAR/HOURS:	261 Days/7.5 Hours, or Duty Days/Hours as assigned
ISSUED:	Revised: June 2007 Revised: September 2015	SALARY GRADE:	Executive, Unrepresented

BASIC FUNCTION: Employee shall serve as Staff Attorney for the District.  In this capacity, Employee shall provide advice and counsel on regulatory matters, including but not limited to investigating, responding to and representing the District in EEOC/DFEH and PERB charges, OCR complaints, and California Commission on Teacher Credentialing inquiries; provide counsel to school sites and/or the Student Discipline Hearing panel regarding student discipline; advise and represent the District in labor and employment matters, including but not limited to drafting statutory notices and representing the District in OAH hearings, arbitrations, mediations, contract negotiations, labor management meetings and litigation;  draft and review contracts and agreements; provide proactive legal advice to Human Resources, Payroll, IT, Risk Management, Procurement and other central departments, as well as school sites; draft restraining orders and represent the District in hearings; address conflict of interest matters; provide Section 504 advice and counsel; handle Public Records requests; provide student records/FERPA advice and counsel; represent the District in civil litigation and administrative hearings before state and federal courts and agencies;  and provide training to District management and staff.

Maintain confidentiality of all personnel matters; some duties will involve access to confidential information concerning employer-employee relations and negotiations.  

 

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 reflect the principal job elements accurately.)

 

ESSENTIAL FUNCTIONS:

• Represent the District in administrative hearings, unfair labor practice proceedings, arbitration hearings, and certificated employee dismissal cases. 
• Advise the General Counsel, Governing Authority, and senior management staff of the District on the status of litigation matters.
• Appear and represent District in State and Federal court and before quasi-judicial or administrative agencies.
• Prepare Federal, State and Administrative (OAH, CTC, PERB, OCR, EEOC, DFEH, inter alia) litigation matters for hearings and trial. 
• Represent the District in mediation and settlement conferences; Make recommendations to General Counsel and Governing Authority on settlement issues.
• Provide counsel to school sites and/or the Student Discipline Hearing panel regarding student discipline. 
• Draft, and review contracts and agreements. 
• Provide legal advice to Human Resources, Payroll, IT, Risk Management, Procurement and other central departments. 
• Conduct legal research, interview clients and witness, conduct related investigations, gather evidence, and handle other details necessary for litigation and trial preparation in all areas of law pertaining to school districts. 
• Interpret laws, rulings, and regulations for District and prepare legal memorandum on legal issues as necessary. 
• Draft, and review legal documents including contracts and responses to administrative agency requests.
• Confer with special counsel on particular litigation matters to determine legal and factual bases for legal proceedings.
• Perform related duties as assigned.

 

QUALIFICATIONS:

The District determines whether a candidate is qualified based on fulfillment of prerequisites, relevant work experience, ability to perform the essential functions, reference checks, effective interpersonal and communication skills demonstrated by interview performance and/or writing samples, and achievement on performance-based assessments (if applicable) that demonstrate the candidate possesses the requisite knowledge, skills and abilities.  Meeting prerequisites only satisfies the initial screening process and does not indicate the candidate is qualified to perform the essential functions of the position.

 

KNOWLEDGE OF:

• Government law, education law, labor law, affirmative action and employment discrimination
• Constitutional and administrative law
• Rules of civil procedure and evidence
• Juvenile law, students’ rights and discipline
• Current economic, political and sociological conditions affecting school districts
• Current issues and special problems of large urban school districts and their communities
• Correct and persuasive English usage, grammar, spelling, vocabulary and punctuation
• District policies, applicable sections of the State Education Code and other laws and regulations

 

ABILITIES TO:

• Conduct investigations
• Prepare pleadings and briefs
• Prepare and render legal opinions
• Conduct legal research
• Communicate effectively orally and in writing
• Use a computer
• Understand processes and systems
• Analyze, interpret and apply laws, rules, regulations and policies
• Maintain effective working relationships
• Deal with special 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

 

PREREQUISITES

• Graduation from an accredited school of law 
• Five (5) years of experience in education-related law or similar fields; legal experience in the public sector is highly desirable
• Eligible for membership in the State Bar of California and admission to practice before the United States District Court for the Northern District of California
• 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 diverse school site environments; driving a vehicle to conduct work; fast-paced work; constant interruptions

 

PHYSICAL REQUIREMENTS:

Consistent mental alertness; sitting or standing for extended periods of time; lifting, carrying, pushing, and pulling objects up to 30 pounds, occasionally 30+ pounds; bending and twisting at the waist, reaching overhead, above the shoulders and horizontally; dexterity of both hands and fingers while performing duties; seeing to read, write and use the computer; hearing and speaking to exchange information, in person or on the telephone, and make presentations.

 

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.