Chief Deputy County Counselor - Litigation

This position requires substantial previous litigation experience. Experience in employment defense litigation a huge plus! CHIEF DEPUTY COUNTY COUNSELOR - (a Kansas City Missouri County) JOB DESCRIPTION To perform this job successfully, an individual must be able to perform the essential job functions satisfactorily. Reasonable accommodations may be made to enable individuals with disabilities to perform the primary job functions herein described. Since every duty associated with this position may not be described herein, associates may be required to perform duties not specifically spelled out in the job description, but which may be reasonably considered to be incidental in the performing of their duties just as though they were actually written out in this job description. CHIEF DEPUTY COUNTY COUNSELOR-LITIGATION Department: County Counselor Pay Grade: 360NM Reports to: County Counselor FLSA Status: Exempt GENERAL PURPOSE This position is responsible for assisting the County Counselor, at the County Counselor's direction, in the management of the office and in the performance of legal work. As direct subordinate or in the absence of the County Counselor, this associate shall have charge of and conduct all the civil law business of the County and shall exercise the power and perform the duties required of the County Counselor under the County Charter and state law. Work requires the highest order of original and creative legal endeavor, including comprehensive research into unique and conflicting legal areas requiring the integration of diverse legal theories in order to anticipate new or emerging developments in the law. Legal matters of the most critical importance to the County are carried out independently to a final conclusion. Final decisions and actions are subject to review by the County Counselor on matters where the objectives or intent of County policies are obscure or non-existent. The associate may also advise and assist County officials and management at the highest levels in the formulation or modification of County policies and goals. The associate is responsible for providing litigation training and education to associates within the office. This associate is responsible for all litigation matters pending within the Office of the County Counselor. ESSENTIAL JOB FUNCTIONS Provides legal advice and assistance to elected officials, County employees, and various boards and commissions. This task is generally initiated by request; however, the employee may have assignments such as regular meetings, and is expected to submit advice and recommendations when necessary and appropriate. Advice and assistance generally relates to issues such as procedures or alternatives for the attainment of County objectives or the minimization of County liability or loss, and is based on professional and governmental experience, research of various legal and technical reference sources, and consultation with other members of the County Counselor's staff. Performance of this task may be manifested in diverse ways: assistance in the development of policy, negotiations of contracts, identification of potential legal problems, and recommendations of available procedures for the resolution of problems. Primary considerations include financial impact of policies, decisions, and operations. Identifies and recommends the installation of necessary changes in methods of conducting County business due to new developments in the law or analysis of legal requirements. Prepares or reviews and approves legal documents and instruments of the County by consulting with responsible officials about the facts concerning the instrument and its intended purpose. Additional factual investigation may be needed to develop all relevant facts, and legal research may be necessary to ensure that the document is enforceable and legally sufficient. Investigates all factual circumstances relating to the solution of a legal problem by interviewing County officials, witnesses, and other knowledgeable persons, reviewing office and County files, obtaining, and examining relevant documents, and preliminary legal research; critical facts and relevant law are isolated, and effective legal theories and alternative resources on which to proceed are formulated. Based on professional expertise and judgement, the employee determines whether the problem is to be dealt with by litigation of contested issues with opposing parties, by a negotiated settlement with such parties, or by the County Counselor's opinion and declaration of the powers and duties of the County under the circumstances presented. Prosecutes and defends suits on behalf of the County before the courts and administrative tribunals of the State of Missouri and its political subdivisions and in all federal courts and administrative bodies. These matters are handled independently or with assistance from other staff members as appropriate. Specific activities include investigation of the facts and interviewing witnesses, preparation of pleadings, and discovery procedures. Legal research and preparation of briefs, motions for judgement or to dismiss, settlement negotiations, and trial to a court or jury; duties include consideration of the financial impact of litigation on the County. Prosecutes and defends on behalf of the County all civil appeals to appellate courts such as the Missouri Court of Appeals, the Missouri Supreme Court, and the United States Court. The work consists principally of the perfection of the record in the appeals to court, researching and drafting legal briefs, and verbal arguments before the court. Enforces and protects the rights of the County by investigating circumstances, and determining if there are sufficient elements of a case, as defined by law, to warrant the initiation of a lawsuit; determines if the County has the power to correct the problem by direction action; communicates and negotiates with adverse parties to promote problem resolution without litigation; if a lawsuit is deemed appropriate, files a petition in the appropriate court for the desired remedy based on the facts and the law, and then follows the procedures and activities outlined in number 4 above. Prosecutes suits for delinquent taxes and violations of County ordinances. Initiates and prosecutes proceedings in the Probate Court for the appointment of a guardian for indigent persons. Such cases are contested and may be tried by jury. Prosecutes proceedings brought in the Probate Court by the State Mental Health Coordinator for the mental examination and commitment of persons under the state mental health laws. Such cases are contested and may be tried by jury. Assigns work to junior staff, and directs and monitors such work, particularly in specific areas of complex or difficult activities, for the purposes of instruction and training. Provides professional advice and assistance to other members of the Counselor's staff. Advice may be based on a higher degree of legal expertise or more current knowledge of a particular area of law or may serve to provide a fresh perspective on a problem. Maintains and increases current knowledge and skill of civil law, especially as it impacts upon local governmental concerns, by reviewing current decisions and rulings of the state and federal appellate courts, by reading legal journals and periodicals, by participation in educational seminars and conferences, and by interaction with others having expertise in specialized fields of knowledge. Performs other related duties as required/assigned. MINIMUM QUALIFICATIONS Juris Doctorate from an accredited college or university of law. Seven (7) years of responsible experience in municipal, and civil or criminal law. Must be a member of the Missouri Bar Association. Must submit to and pass a pre‑employment background check and drug screen. KNOWLEDGE, SKILLS, AND ABILITIES Knowledge of the policies, practices, and procedures of the Office of the County Counselor. Knowledge of the Missouri and United States Constitutions. Knowledge of the Jackson County Charter, ordinances, and the Advisory Opinions of the County Counselor. Knowledge of the body of state and federal civil law relating to municipal and local governments, including statutes, case law, and the rules and regulations of the various governmental authorities. Knowledge of Missouri and Federal Rules of Court, both civil and criminal. Knowledge of Missouri and Federal Local Court Rules, both civil and criminal. Knowledge of Missouri Approved Instructions. Knowledge of the practice and procedure in all appellate courts. Knowledge of the practice and procedure in all trial courts. Knowledge of rules of evidence. Knowledge of practices and Rules of Procedure before state and federal administrative bodies. Knowledge of the current practices, procedures, operations, and activities of the departments, boards, commissions, institutions, and agencies of the County. Knowledge and skill intact and discretion. Knowledge of the ethics and professional responsibility incumbent upon lawyers in a dual role of a public official having charge of all legal business and as legal counsel to other public officials. Knowledge as required in many diverse areas of specialized legal knowledge: constitutional law, civil rights taxation, real property, contracts, torts, statutory damages, labor law, eminent domain, corporate law, securities, bonds and notes, bankruptcy, worker's compensation, and regulation of public utilities. Skill in analytical thinking, in verbal and written communications, and advocacy. Skill in legal research and writing. Skill in responsible application of required knowledge to often complex legal and factual issues, in drawing conclusions, and making professional decisions having substantial direct or indirect impact on County planning, policies, operations, and fiscal well‑being lawsuits. #J-18808-Ljbffr