This recruitment will remain open until 150 qualified applications are received or November 7, 2018 at 5:00 p.m. The eligible list from this recruitment may be used to fill future vacancies as they occur.
The successful candidate is anticipated to be placed up to the midpoint of the salary range, depending on their qualifications.
The ideal candidate will have strong knowledge of municipal, land use, and coastal law with the ability to assist in the day-to-day management of the City Attorney's Office. The ideal candidate will be flexible, approachable and have the ability to develop and maintain a good rapport with staff, community members, and the general public.
Candidates are required to attach a resume and cover letter that briefly addresses their related municipal law, employment law, land use law and/or litigation experience to their completed online application in order for the application package to be considered complete. The selection process begins with a complete evaluation of the application. Those candidates deemed most qualified as reflected in their application will be invited to an oral interview, tentatively scheduled for December 5, 2018. Candidates that pass the oral interview process will be placed on an employment eligibility list.
DEFINITION: The Assistant City Attorney ("ACA") serves the City of Newport Beach ("City") by:(1) providing direct advisory legal services to assigned departments, boards, committees, and commissions; (2) representing the City before administrative agencies and the courts of the United States and California; (3) enforcing the laws and policies of the City through administrative citation process and in the courts; (4) overseeing the work of Deputy City Attorneys, Paralegals, Legal Assistants, and staff serving their assigned departments and assisting in their cases; (5) exercising first level oversight of outside counsel who provide legal services on issues arising from the ACA's assigned departments; (6) representing the City on issues arising out of the operations of the ACA's assigned departments; (7) serving as a member of the City's executive management team; and (8) serving as Acting City Attorney in the absence of the City Attorney.
SUPERVISION RECEIVED AND EXERCISED: The Assistant City Attorney is supervised and directed by the City Attorney; exercises technical and functional supervision over administrative support staff and legal staff with whom he/she works; assists in the management of the day-to-day activities of the City Attorney's Office ("CAO"); and provides highly responsible and complex administrative support to the City Attorney.
The following essential functions are typical for this classification. Incumbents may not perform all of the listed functions and/or may be required to perform additional or different functions from those below, to address business needs and changing business practices:
Advise: Provide legal services, either directly or through delegation of duties, to assigned City departments, including: (1) performing highly complex legal research and preparing written and oral opinions on various legal issues for the City Council, City departments and boards, committees, and commissions; (2) serving as chief advisor to City boards, committees, and commissions as assigned by the City Attorney; (3) conferring with and rendering assistance to the City Manager and department heads in establishing policies by applying legal points and procedures and recommending changes in policies and procedures to meet legal requirements; (4) preparing and reviewing ordinances, resolutions, contracts, deeds, leases and other legal documents and instruments and offering opinions as to such documents' legal acceptability when presented to the City for consideration by an outside agent or agency; (5) investigating claims and complaints against the City and recommending appropriate action regarding their handling; (6) conferring with and advising City officials, staff, departments, and advisory bodies on legal questions pertaining to their respective powers, duties, functions, and obligations; (7) managing and participating in the development and implementation of goals, objectives, policies, and priorities for assigned programs; and (8) recommending and administering policies and procedures.
Represent: Either directly or through delegated duties, represent the City before the courts and administrative agencies that have jurisdiction over the City and its business, including: (1) exercising stewardship responsibility over all forms of litigation as assigned by the City Attorney as it arises out of the business and operations of the ACA's assigned departments; (2) representing the City Attorney at various City Council and board, committee, and commission meetings and in court as directed by the City Attorney; (3) representing the City, and overseeing its representation, in highly sensitive litigation and coordinating and communicating with outside consultants and legal counsel; (4) preparing, or assisting in preparing, cases for hearings, trials and other judicial proceedings and representing the City in such proceedings (5) developing and maintaining effective and extensive professional relationships with representatives of other local, state, and federal agencies; and (6) monitoring proposed legislative and court decisions related to municipal law and activities that impact City operations.
Enforce: Enforce the laws and policies of the City through the administrative citation process and in the courts that have jurisdiction over the enforcement of City rules, regulations and laws.
Administer: Assist the City Attorney in the administration of the CAO by overseeing all legal services provided to the ACA's assigned departments and providing oversight of the professional and support staff working on matters arising from their assigned departments and duties, including: (1) participating in developing, planning and implementing the goals and objectives of the CAO; (2) administering approved policies and procedures; (3) coordinating the activities of the CAO with other City departments and outside agencies and organizations; (4) providing professional and technical advice and assistance to the City Attorney on matters related to the functions of the CAO; (5) participating in recommending the appointment of professional and support staff to the CAO; (6) planning, organizing and supervising the work of staff and work teams; (7) coaching, motivating, monitoring, correcting and assisting in evaluating the performance of professional and support staff that perform work on the ACA's assignments; (8) making recommendations to the City Attorney regarding development and implementation of staff training programs and plans; (9) recommending employee recognition, discipline and termination; (10) assisting the City Attorney in ensuring that City personnel policy and employee agreements are implemented and applied consistently within the CAO; (11) assisting the City Attorney in the development of the CAO's budget and forecasting of revenue, expenses and additional funds needed for staffing, equipment, materials, and supplies; (12) developing and implementing discipline and termination procedures when required; (13) advising appointed and elected officials, City Manager, and departments of legal issues related to the development of City policies; and (14) serving as Acting City Attorney in the absence of the City Attorney as assigned and directed by the City Attorney.
To perform this job successfully, an individual must be able to perform each essential function. The requirements listed below are representative of the knowledge, skill, and/or ability required.
Legal principles and practices, including municipal, civil, criminal, constitutional and administrative law and procedures;
City Codes, City Charter, and City Council Policies;
Principles and practices of personnel management and supervision;
Advanced principles of municipal planning, CDBG and grant administration, labor negotiations, public relations, harbor resources, annexation and state and federal legislative projects;
Methods of legal research;
Tort law and liability insurance litigation;
Judicial procedures and rules of evidence;
Statutes and court decisions relating to civil rights and public labor law;
Ordinances, statutes and court decisions relating to municipal corporations; and
Organization and operating procedures of the CAO.
Represent the City in a wide variety of judicial and administrative proceedings;
Research and analyze and prepare sound legal opinions on a wide variety of legal issues and understand legal, practical, and other consequences and provide advice on resolution of legal and political issues;
Communicate clearly and concisely, both orally and in writing;
Analyze and prepare a wide variety of legal documents;
Interpret and apply City policies, procedures, rules and regulations;
Select, supervise, train and evaluate personnel;
Prepare and present cases;
Perform complex legal work requiring the use of independent judgment;
Work independently in the absence of supervision;
Work cooperatively and efficiently in a team environment;
Regularly and predictably attend work;
Follow directions from a supervisor;
Understand and follow posted work rules and procedures;
Accept constructive criticism; and
Establish and maintain cooperative working relationship with those contacted in the course of work.
This position may be required to work evening and weekend hours as needed to attend meetings and perform other necessary duties associated with the position.
Physical Requirements: Work is performed in an office environment and may require occasional travel to off-site facilities. Job duties involve sitting, standing, and walking for prolonged or intermittent periods of time, and reaching, bending, and twisting at the waist to perform desk work and operate general office equipment, including a personal computer and keyboard, for prolonged or intermittent periods of time. The operation of a personal computer also requires finger and wrist dexterity and the ability to withstand exposure to vibration, pitch and glare from the computer. Must be able to safely lift and carry books, files and reports weighing up to 25 pounds. Must be able to lift files and reports from counter tops or file drawers.
Experience & Education and License/Certificate
A combination of experience and education that would likely provide the required knowledge and abilities may be qualifying. A typical way to obtain the knowledge and abilities would be:
Experience: Seven years of increasingly responsible professional legal experience in municipal law, employment law, land use law, and/or litigation, including three years of management and supervisory experience.
Education: Completion of coursework leading to a bachelor's degree from a college that is accredited by an agency recognized by the United States Department of Education and a Juris Doctorate from an American Bar Association accredited law school.
Membership in the State Bar of California.
Due to the performance of some field duties which require the operation of a personal or City vehicle, a valid and appropriate California driver's license and an acceptable driving record are required.
FLSA Classification: At-Will Exempt.
Please Note: Candidates deemed most qualified, as reflected in their application materials, will be invited to continue in the recruitment process. The prospective candidate must successfully complete a thorough background review, including being fingerprinted by the Newport Beach Police Department. The resulting report of your conviction history, (if any), will be evaluated along with the other information received in connection with your application. Except as otherwise required by law, a criminal conviction will not necessarily disqualify you from the position. The nature, date, surrounding circumstances, and the relevance of the offense to the position applied for may, however, be considered.
Disaster Service Worker: In accordance with Government Code Section 3100, City of Newport Beach Employees, in the event of a disaster, are considered disaster service workers and may be asked to respond accordingly.
This position belongs to the Key and Management group and is provided the following benefits:
This City offers an employee benefits program including a paid flex leave program based on the individual's length of service; a group health/vision and dental cafeteria plan; city-paid group life insurance based on employee's annual salary; twelve paid holidays; employee assistance program; and tuition reimbursement for job-related courses. In addition, an employee may opt to participate in the City's deferred compensation plan. The City does not participate in the Federal Social Security program. Your benefits may be reduced if you work for an employer who does not withhold Social Security taxes from your salary.
Additionally, the City offers membership in the California Public Employees' Retirement Systems (CalPERS). Retirement formula based on appointment date and membership status with CalPERS.
2%@62 for new CalPERS Miscellaneous members hired 1/1/13 or after; 2%@60 for existing CalPERS Miscellaneous members hired 1/1/13 or after with less than a six-month break in service; OR 2%@60 for Miscellaneous employees hired on 1/1/13 or after with current membership in a reciprocal CalPERS agency with less than a six-month break in service.For public safety employees, depending on date of hire, employees may be enrolled in Tier 1, 2 or 3. Employee contributions for Key & Management Safety members may vary based on job classification assignment. Refer to the Key & Management Compensation Plan for a complete description.
Please click on the following link for more detailed benefit information:
Key & Management Benefit Summary