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DC Department of Human Resources

OSSE: ATTORNEY ADVISOR (LS-15)

DC Department of Human Resources, Minneapolis, Minnesota, United States, 55400


Job Summary

This Attorney Advisor Position is in the Office of the General Counsel (OGC) at OSSE. OGC attorneys serve as legal advisors to, and legal representatives of the State Superintendent of Education. The Attorney Advisor reports directly to the General Counsel and provides guidance to the General Counsel, Superintendent, and the executive leadership team on a wide portfolio of complex legal issues, including issues related to local District law as well as federal laws and regulations, with a primary focus on education, finance, internal controls, and data sharing.

This Attorney Advisor Position supports program managers with the implementation of existing law including coordinating legal support for licensing activities, special education services, data sharing, charter school financing, student educational financing, and advises managers and program staff on a variety of matters related to education law and policy. This position will have a particular focus on real estate finance as the incumbent will serve as the lead attorney for OSSE’s Office of Public Charter School Finance and Support (OPCSFS). The OPCSFS manages several programs for public charter school facility financing, including the Revolving Direct Loan Fund for Public Charter School Improvement; the Revolving Credit Enhancement Fund; the Charter School Incubator Facility Initiative; and various Facility Incentive Grant programs. In addition, the OPCSFS manages the District’s federal Charter Schools Program grant from the United States Department of Education, which funds the start-up and implementation of new public charter schools. In addition to representing OPCSFS, this position will represent other agency clients and work in other practice areas as assigned.

Because OSSE sets statewide policies, provides resources and support, and exercises accountability for all public education in DC, attorneys in the OGC are regularly asked to grapple with legal matters that have not been previously settled in either the District of Columbia (DC) or the federal context. When confronting such matters, the prospective candidate must be able to identify relevant legal parameters, current practices, and a range of options to help shape policies and procedures.

Duties And Responsibilities

Provides legal advice to the Office of the State Superintendent of Education on their statutory authorities, duties, and functions with respect to legal questions in the fields of education, student transportation, human resource concerns, and other related fields. Reviews and analyzes records of hearings, including briefs filed, exceptions taken, rulings made, tentative decisions, reports of findings of facts and conclusions of laws, and drafts proposed orders; reviews complex agency orders for legal sufficiency in contested cases. Incumbent conceives and initiates actions necessary to carry out the responsibilities of the position without benefit of direction or counseling.

Examines and analyzes proposed orders, legislation, rulemaking decisions, and other legal or related documents from various sources for legal sufficiency, both as to form and substance. Performs special assignments at the request of the Director. Conducts extensive legal research and provides detailed oral or written reports/opinions with respect to possible outcomes, proposed actions, alternative actions, and hypothetical situations. Prepares memorandums on legal questions and proposals and drafts tentative documents of final decisions for consideration by the Superintendent/Director of the Office of the State Superintendent of Education. Consults frequently with the Director and other senior staff to provide advice as to the legal extent of their duties and authority.

Writes legal reports, memoranda of law, Memorandum of Understanding, and prepares necessary legal documents; reviews legally required Notices to be published in the DC Register and other publications for legal sufficiency. Reviews various legal documents and relevant case laws to determine whether execution or non-execution of proposed actions is in the best interest of the District. Administers the agency's Ethics Program, including preparing legal opinions, giving ethics advice to members and staff, and ensures that required financial disclosure reports are completed and filed in a timely manner.

Attends and participates in hearings before committees of the Council of the District of Columbia and the Congress pertaining to proposed laws or legislation which may affect existing laws related to the functions of the Office of the State Superintendent of Education. Processes requests and keeps necessary records under the Freedom of Information Act. Performs other related duties as assigned.

Qualifications And Education

Possession of a J.D. Degree from an American Bar Association accredited law school required.

Minimum of four (4) years of post J.D. legal experience, (five (5) preferred), of which, one (1) year is a related specialized experience.

The prospective candidate should be passionate about education, have experience in real estate finance, and a demonstrated ability to think both creatively and strategically with regard to legal problem solving.

Possess experience in education law and a desire to make the District a national leader in education.

Working knowledge of two or more of the following legal practice areas is also preferred: the Individuals with Disabilities Education Act of 2004 (IDEA), Elementary Secondary Education Act (ESEA), Family Education Rights and Privacy Act (FERPA), Freedom of Information Act (FOIA), government ethics, regulatory issues, procurement, federal grants, employment, and labor law.

Mastery of the concepts, laws, theories, principles, practices, and techniques of legal proceedings. Advanced skill in interpreting and applying legal knowledge to varying situations.

Advanced and in-depth knowledge of several titles of DC law, agency policies, regulations and procedures, and other Federal and District laws related to State Education, Procurement, Labor Relations, and Financial Budget alignment.

Advanced skills in analysis and resolution of difficult legal issues in an orderly, systematic, and effective manner. Advanced skills in applying sound judgment in review and analysis of matters assigned and deriving logical conclusions therefrom.

Expertise in identifying and isolating controlling legal issues from complex factual situations.

Superior oral and writing communication skills to prepare findings and reports, advise on legal issues.

Licensures, Certifications, And Other Requirements

J.D. license required; Must be a current member of the District of Columbia Bar in good standing or must be admitted in another United States jurisdiction, be eligible to waive in, and be admitted into the D.C. Bar within 365 days of their appointment.

Working Conditions/Environment

The work is performed in a typical office setting.

Other Significant Factors

Tour of Duty : Varies

Duration of Appointment: This is a Legal Service (LS) Appointment. An appointee to the Legal Service position shall remain a member of good standing of the District of Columbia Bar during their employment in the Legal Service.

Promotion Potential: No known promotional potential

Plan, Series, Grade: LA-0905-15

Salary: $151,549 - $193,437; based on available funding

Collective Bargaining Unit (Union): This position is covered under the collective bargaining agreement American Federation of Government Employees (AFGE Local 1403) Collective Bargaining Unit. You may be required to pay an agency service fee through direct payroll deduction.

Position Designation: In accordance with Chapter 4 of the D.C. personnel regulations, Suitability, this position has been deemed security-sensitive. Accordingly, the incumbent will be subject to pre-employment checks (criminal background checks, consumer credit check, traffic record checks, and drug screenings, if applicable) as a condition of employment, and will be subject to periodic criminal background checks for the duration of your tenure.

Emergency Designation : This position has been designated as “emergency”; incumbent must adhere to the policies in sections 1271 and 1274 of DPM Chapter 12, regarding Emergency/Essential employees. As an emergency employee, you will be required to either report to work, stay at work, or telework (if directed to do so) during a declared emergency or during a period of non-emergency where your duties have been deemed as critical District government functions/operations. You may be required to perform other duties outside of your position description during a period of a declared emergency (such as manual labor, shelter services, etc.).

Residency Preference: Applicants claiming “Residency Preference” will be required to maintain residency in the District of Columbia for a minimum of seven (7) years. Failure to do so may result in forfeiture of employment.

EEO Statement: The District of Columbia Government is an Equal Opportunity Employer. All qualified candidates will receive consideration without regard to race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, matriculation, physical handicap, or political affiliation.

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