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Assistant District Counsel/Senior Assistant District Counsel

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Assistant District Counsel/Senior Assistant District Counsel

Salary

See Position Description

Location

CA, CA

Job Type

Full-Time

Job Number

01839-U

Division

Office of District Counsel

Opening Date

11/13/2024

Closing Date

1/13/2025 11:59 PM Pacific

• Description

• Benefits

• Questions

Description

Assistant District Counsel: $246,504.54 - $313,004.60 Annually

Senior Assistant District Counsel: $273,884.42 - $347,775.80 Annually

Valley Water’s (Santa Clara Valley Water District) mission is dedicated to ensuring Santa Clara County and Silicon Valley have access to safe, clean water to support a healthy life, environment, and economy.

Valley Water’s Office of District Counsel is seeking an experienced attorney to advise on major the environmental aspects of its public works projects, highly regulated operations, and inter-agency transactions.

Headquartered in San José, California, Valley Water operates with a Fiscal Year 2024-2025 budget of $1.1 billion and employs over 900 professionals. Their integrated water resources system encompasses the supply of clean water, flood protection, and environmental stewardship of streams.

The selected candidate would be hired as Assistant District Counsel or a Senior Assistant District Counsel and there are multiple ways a candidate may develop the skills and experience required to be successful in this role. Depending on the background and experience of the selected candidate, the exact classification will be determined at point of hire. Both the classifications are designated as unclassified/at-will.

Assistant District Counsel

Overview:The Assistant District Counsel performs a full range of duties assigned with minimal direction and must be fully aware of the operating procedures and policies of the Office of the District Counsel and the District. The Assistant District Counsel reports directly to a Senior Assistant District Counsel, provides primary legal support to the Valley Water’s business units in specified areas.

Senior Assistant District Counsel

Overview:The Senior Assistant District Counsel will function as one of three senior assistant counsels reporting to the District Counsel. They will work closely with internal Valley Water stakeholders to help drive process transactions for several major capital projects in various stages of development as well as routine transactions. The Senior Assistant District Counsel may supervise staff members and/or more junior attorneys. The Senior Assistant District Counsel is the advanced journey-level class in the professional series. It is distinguished from the next lower class of Assistant District Counsel by its responsibility for functional and technical supervision, and for performing the most complex assignments requiring a greater depth of applied knowledge, skills, and judgment. It is further distinguished in that a position in this class is delegated the authority to act on behalf of the District Counsel in her/his absence. The skills and abilities that will set the Senior Assistant District Counsel apart from the Assistant District Counsel include:

• Ability to manage complex matters with minimal supervision.

• An approach to problem-solving that considers broader impacts beyond the specific issue at hand.

• Experience managing more junior attorneys and/or support staff is desired but not required.

Key Responsibilities include, but are not limited to:

• Provide timely, accurate, and politically neutral advice to the Board of Directors, executives, and front-line staff with respect to assigned areas.

• Has primary responsibility within assigned areas for planning, organizing, coordinating, and managing Valley Water legal work. The primary area of responsibility will be all aspects of environmental and permitting law (e.g., CEQA/NEPA, ESA/CESA, CWA, Porter-Cologne, LSAAs) for Valley Water projects, operations, inter-agency agreements, and in-bound and out-bound grant agreements. Depending on experience, additional responsibilities may include water resources; flood risk reduction; public entity risk management/litigation; labor and employment; real estate transactions and eminent domain; public works contracting; non-construction government procurement and contracts; employee health and safety; unhoused issues; public records requests; Ralph M. Brown Act compliance; conflict of interest and ethics; deferred compensation; emergency operations; intellectual property and licensing; litigation management; administrative law; and public agency financing; and other areas as assigned from time-to-time.

• Prepare, draft, and review a variety of legal documents including environmental impact reports and responses to comments, permit applications, permit approvals, real estate transactions, services contracts, resolutions, ordinances, pleadings, legislative bills, policies, briefs, variety of reports and correspondence, letters, and other written materials.

• Handle agreements with contractors, consultants, and vendors, inter-agency contracts, and Valley Water governance matters.

• Represent Valley Water before external parties such as regulators, legislators, partners, adverse parties, and dispute-resolution fora.

• Provide training to other attorneys and staff on areas of expertise to improve operational flow.

• Other duties as assigned.

Ideal Candidate's Background Includes:

Applicants whose experience and background best match the ideal experience, knowledge, skills, abilities, and education are considered ideal candidates for the position. To determine the top candidates, each applicant will be assessed based on the ideal candidate criteria as listed below.

Critical to these roles will be the ability to acquire and develop legal expertise within various topical areas related to the water industry, the myriad of ongoing projects, and an ability and passion to contribute in an active, fast-paced, and complex legal environment.

The demands and expectations of these roles will require a commitment to public service, a passion for the mission of the agency and a tremendous work ethic. An energetic, proactive, self-initiating, multitasker will be a perfect fit for this assignment.

Ideal Experience for Assistant District Counsel:

• Two (2) years of recent experience (five or more years is ideal) in the active practice of law in the State of California focusing on environmental law.

• Experience with the California Environmental Quality Act, the National Environmental Policy Act, Clean Water Act, Lakebed and Streambed Alteration Agreements, Porter-Cologne, the federal and state Endangered Species Acts, and other environmental laws/regulations is ideal.

Ideal Experience for Senior Assistant District Counsel:

• Six (6) years of recent experience (10 more years is ideal) in the active practice of law in the State of California focusing on environmental law.

• Experience with the California Environmental Quality Act, the National Environmental Policy Act, Clean Water Act, Lakebed and Streambed Alteration Agreements, Porter-Cologne, and the federal and state Endangered Species Acts, and other environmental laws/regulations is ideal.

Ideal Skills and Abilities for both roles:

• A can-do, solutions-oriented mindset is a must, as is a sense of humor.

• A high degree of political acumen and the ability to think strategically and see the big picture.

• Maintain effective relationships with federal, state, regional, municipal, and local agencies, and with Silicon Valley’s major stakeholders.

• Comfortable operating in complex legal and regulatory environments,

• Establish and maintain effective working relationships with colleagues and adversaries.

• Analyze and apply principles of law.

• Present statements of law and fact clearly, succinctly, and logically, both orally and in writing.

• Prepare legally sufficient environmental, permitting, and transactional documents.

• Prepare a variety of reports, correspondence, and other written materials.

• Collect, interpret, and evaluate varied information and data and provide recommendations.

• Litigation experience is also valuable.

• Prior public agency experience is helpful but not required.

• Experience with federal, state, and local agencies and their related regulatory environments is also preferred.

Ideal Knowledge for both roles:

• Substantive law and administrative procedures relating to environmental review and permitting.

• Principles of governmental organization and procedures of law, particularly as related to public agency activities.

• Research resources and techniques.

• Trial procedure and rules of evidence.

• Judicial procedures and the rules of evidence.

• Pleadings and practices and effective techniques in the presentation of court cases.

• Principles and practices of supervision, training, and performance evaluation.

• State and federal laws and constitutional provisions affecting District operations.

• Ethical responsibilities of California attorneys.

• Knowledge of the water industry, water law, flood risk reduction, public works contracting, design and engineering contracts, and federal and state funding obligations would all be a plus.

Ideal Training and Education for both roles:

Graduation from an accredited four-year college or university, and graduation from an accredited law school.

Required License or Certificate

• Must be a current member, in good standing, of the California State Bar Association.

• Must have pledged to comply or be willing to pledge to comply to the Santa Clara Bar County Association Code of Professional Conduct.

• Possession of, or ability to obtain, an appropriate, valid California driver's license. Individuals who do not meet the driver's license requirement due to a disability will be considered for a reasonable accommodation on a case-by-case basis.

Selection Process

Please submit your application along with cover letter and resume by the application deadline. In your cover letter, please provide your CA State Bar Association number and address the following three prompts:

• Who is the client of an attorney for a public entity? How would that influence the performance of your duties as the Assistant District Counsel/Senior Assistant District Counsel for the Santa Clara Valley Water District?

• Please describe the top three achievements of your professional legal career and why you are proud of them.

• Tell us about your experience in the following areas:

• Environmental law (e.g., CEQA/NEPA, ESA/CESA, CWA, Porter-Cologne, LSAAs)

• Navigating a multilayered regulatory environment

• Other public agency law

Following the closing date, resumes and cover letters will be screened according to the qualifications outlined above. The most qualified candidates will be invited to Zoom panel interviews with a Valley Water-appointed interview panel. A select group of candidates will be asked to provide references once it is anticipated that they may be recommended as finalists. References will be contacted only following candidate approval. Finalist interviews will be held with a Valley Water executive interview panel.

Salary information is open within the range indicated on the posting and will be competitive and commensurate with experience. We also offer an excellent benefits package including paid vacation, holidays, sick, personal and executive leave, medical, dental, disability and life insurance, a deferred compensation plan and a CalPERS retirement plan.

Defined Benefit Retirement Plan

California Public Employees Retirement System (CalPERS) 2.5% at 55(Tier 1), 2% at 60 (Tier 2_or 2% @ 62 (Tier 3) depending on CalPERS membership status at the time of hire.

• Tier I Hired prior to 3/19/2012- 2.5% at 55 retirement plan with final compensation of highest 12 consecutive months. The current required employee contribution is 8%.

• Tier 2 Hired on or after 3/19/2012- 2.0% at 60 retirement plan with final compensation of highest 36 consecutive months. The current required employee contribution is 0%. Valley Water pays the employee contribution (Employer Paid Member Contributions – EPMC) of 7%.

• Tier 3 Hired on or after 1/1/2013- 2.0% at 62 retirement plan with final compensation of highest 36 consecutive months. Employees are required to pay 50% of the total normal cost as determined by the annual CalPERS valuation which is subject to change each fiscal year. The current required employee contribution is 7.25%.

Retirement Health Benefits

• Medical coverage is provided for retired employees with 15 years of continuous service with Valley Water or a combination of prior public agency service (meaning the State of California or any political subdivision thereof, including any city, county, or special district) with a minimum of 5 consecutive years of Valley Water Service.

• Medical, Dental and Vision coverage is provided for retired employees and one eligible dependent with 20 or more years of continuous service with Valley Water or a combination of prior public agency service with a minimum of 5 consecutive years of Valley Water Service.

• Medical premium cost sharing is required with the same contribution percentage as active employees and based on the medical premium amount applicable to active employees or retirees, whichever is less. Effective April 1, 2024, retirees will pay 0% of the cost of the premium. Valley Water will pay 100% of the cost of the premium.

Insurance

• Medical, Dental, Vision Care and Employee Assistance Program (EAP) benefits are provided by Valley Water with no monthly premium cost to the employee! Medical, Dental, Vision Care, and EAP benefits are provided to all regular employees and their eligible dependents including domestic partners.

Holiday Pay

• Valley Water provides 14 designated paid holidays per calendar year.

Paid Time Off

• Vacation – newly hired employees receive 224 hours (28 days per year) of prorated vacation based on the date of hire. The prorated amount is vested immediately for the remainder of the fiscal year. Beginning each fiscal year, Unclassified employees receive 224 hours (28 days per year) of vacation which is vested immediately for the entire fiscal year and may be accumulated up to 4 times entitlement.

• Sick Leave – accrued at the rate of 1 day per month (96 hours per year) with unlimited accumulation.

• Executive Leave – 24 hours executive leave provided upon hire.

• Personal Leave – 32 hours of prorated personal leave provided upon hire.

• Bereavement Leave – 3 days of bereavement leave. Additional time may be charged to sick leave and limited to a total of 10 consecutive calendar days.

• Parental Leave- Employees may use sick leave (in addition to current vacation, comp time, and/or personal leave) for all qualifying parental leave. Employees can use this sick leave for bonding (or for the placement of a child with an employee for adoption or foster care).

DisabilityInsurance

• Valley Water provides Short-Term Disability (STD) equal to 66 2/3% of salary to a maximum weekly benefit of $3,462 with a 14-day waiting period. STD may transition into Long Term Disability (LTD) after 180 days of disability and then provide 66 2/3% of salary to a maximum monthly benefit of $15,000.

Employee Assistance Program (EAP)

• Valley Water provides an EAP to employees and their eligible dependents that is staffed by licensed credentialed counselors and provides information, referral and short-term counseling for personal issues affecting work or personal life.

Flexible Spending Account Plans

• Valley Water provides employees the option to participate in a Health Care Spending Account with a maximum contribution up to $3,200 for eligible medical, dental, vision and prescription expenses.

• Valley Water provides employees the option to participate in a Dependent Adult or Child Daycare Account with a maximum contribution up to $5,000 per family or $2,500 if married and filing separately.

Telework

• This position is based in Valley Water’s San Jose office. Telework employment with Valley Water requires employees to live within 150 miles of their primary physical work location located in San Jose, California by their start date. Valley Water employees are allowed to telework (work from home) up to 40 percent of the time in a two-week pay period, subject to manager approval.

Life Insurance

• Valley Water provides life insurance benefits equal to employee’s annual salary up to a maximum benefit of $100,000 with a five-year phase out in declining increments of $10,000 per year starting with $50,000 coverage upon retirement.

Deferred Compensation

• Deferred compensation plans are available at the employee’s option, with up to $8,000 in annual matching contributions each calendar year from Valley Water. The match will be deposited into the 401(a) plan.

Wellness

• ValleyWaterWell– Valley Water Wellness program. We offer company-wide challenges, lunchtime seminars, health cooking demos, health stations, and more!

• Origin Financial Wellness– Valley Water provided financial Wellness tool. Free 1:1 meetings with certified financial planners, free app access with visibility to financial transactions, free basic will preparation and more!

• ClassPass– Fitness & wellness at your fingertips. 11 Valley Water provided credits per month.

• Virgin Pulse– Valley Water Wellness Platform. Participate in wellness challenges, competitions, and more. Earn up to $220/annually!

• LifeBalance– Discounts at thousands of businesses nationwide, including health clubs, fitness studios, online retailers, movie theaters, hotels, and more!

Tuition Assistance Program

• Unclassified employees with six (6) or more months of continuous service, up to 100% reimbursement of tuition costs upon satisfactory completion of an approved course to a maximum of $3,500 per fiscal year.

At Will

• It is the policy of Valley Water that unclassified employees are employed at the will of the CEO/Appointing Authority.

  01

  Please select the years of recent experience in the active practice of law in the State of California on environmental law.

• 0-2 years

• 2-6 years

• 6+ years or more

  02

  Have you graduated from a four-year college and an accredited law school?

• Yes

• No

  03

  Are you a current member, in good standing, of the California State Bar Association?

• Yes

• No

  04

  Have you pledged to comply or are you willing to pledge to comply with the Santa Clara Bar County Association Code of Professional Conduct?

• Yes

• I have pledged to comply.

• No, I am not willing to pledge to comply.

  Required Question

Agency

Santa Clara Valley Water District (CA)

Address

5750 Almaden Expressway

San Jose, California, 95118

Phone

1-408-630-2260

Website

https://www.valleywater.org

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