Attorney II/III

  • BART
  • Oakland, California
  • Jul 16, 2024
Full Time Legal Services
  • Salary: $173,480.00 - $262,824.00 Annually USD

Job Description

Marketing Statement

Ride BART to a satisfying career that lets you both: 1) make a difference to Bay Area residents, and 2) enjoy excellent pay, benefits, and employment stability. BART is looking for people who like to be challenged, work in a fast-paced environment, and have a passion for connecting riders to work, school and other places they need to go. BART offers a competitive salary, comprehensive health benefits, paid time off, and the CalPERS retirement program.

Job Summary

Note: Initial review of applications received will be on July 29, 2024. Additionally, this job announcement may be canceled, closed, or extended, at any time.

Pay Rates
Attorney II: $151,524.00/annually (min) - $229,559.00 (max) (Non-Rep Payband N09)

Attorney II negotiable stating salary will be between $ 151,524.00 /annually to $181,480.00/annually, commensurate with experience

Attorney III: $173,480.00/annually (min) - $262,284.00 (max) (Non-Rep Payband N11)

*Attorney III negotiable stating salary will be between $ 173,480.00 /annually to $207,777.75/annually, commensurate with experience

Reports To
Associate General Counsel and General Counsel

Current Assignment
This position will be responsible for a variety of assignments within the scope of the Attorney II or Attorney III classifications.

The work for the Attorney II/III position will primarily focus on employment litigation and labor arbitrations and may also include other litigation and arbitrations involving the District.

Additional work may include, but not be limited to, beyond the minimum qualifications:
  • Providing advice to labor relations and human resources professionals
  • Providing advice on public contracting and procurements
  • Appearing in court hearings on matters, such as Pitchess motions and restraining orders.
  • Other matters handled by in-house public agency counsel.
Note: You need not complete two applications in order to be considered for either classification. Your application will be screened for consideration towards both positions.

Selection process
Applications will be screened to assure that minimum qualifications are met. Those applicants who meet minimum qualifications will then be referred to the hiring department for the completion of further selection processes.

The selection process for this position may include a skills/performance demonstration, a written examination, and a panel and/or individual interview.

The successful candidate must have an employment history demonstrating reliability and dependability; provide copies of certificates, diplomas or other documents as required by law, including those establishing his/her right to work in the U.S. Pre-employment processing will also include a background check. (Does not apply to current full-time District employees unless specific job requires additional evaluations).

Application Process
Current employees are strongly encouraged to apply online, either at www.bart.gov, or on EmployeeConnect.
All applicants are asked to complete the application in full, indicating dates of employment, all positions held, hours worked, and a full description of duties. Online applicants are invited to electronically attach a resume to the application form to provide supplemental information, but should not consider the resume a substitute for the application form itself.

Applications must be complete by the closing date and time listed on the job announcement.

When you have successfully applied for this position you will receive an auto reply e-mail acknowledging that your application was received for this position. Please retain a copy of the e-mail for your records. If you receive an auto reply that does not specifically reference this position, please email Employment Help at employment@bart.gov for assistance.

Examples of Duties

Attorney II
1. Prepares and drafts various types of legal correspondence including letters, memos, briefs, pleadings, and opinions regarding settlements and negotiations.

2. Conducts legal research; reviews claims and lawsuits filed against the District; coordinates investigations; facilitates negotiation of claims; drafts settlement agreements.

3. Represents the District in and/or assists Senior Attorneys in preparation for court appearances including hearings and trials; arranges and attends depositions.

4. Advises management on a wide variety of labor and employment matters; provides legal support and advice for collective bargaining including drafting, reviewing and interpreting contract language; represents the District in labor arbitrations.

5. Reviews, prepares, and assists in the negotiation of contracts and agreements, including competitive bid construction and procurement contracts, professional services agreements, joint powers and other public agency agreements.

6. Works with various District departments on development and implementation of various construction projects, interagency agreements, equipment purchases and professional service agreements.

7. Confers with and advises officers and employees of the District on legal questions pertaining to their respective duties, powers, functions and obligations.

8. Reviews new and existing statutes and regulations that may affect the District; advises staff on the impact of new or existing legislation; drafts proposed legislation.

9. Prioritizes workload; maintains a calendar of activities, appointments, legal engagements and meetings.

10. Attends and participates in special group meetings; stays abreast of new trends and innovations in the legal field.

11. Receives and responds to written and verbal inquiries; prepares answers to certain public inquiries.

Attorney III
1. Prepares and drafts various types of legal correspondence including letters, memos, briefs, pleadings, and opinions regarding settlements and negotiations.

2. Conducts legal research; reviews claims and lawsuits filed against the District; coordinates investigations; facilitates negotiation of claims; drafts settlement agreements.

3. Represents the District in and/or assists Senior Attorneys in preparation for court appearances including hearings and trials; arranges and attends depositions.

4. Advises management on a wide variety of labor and employment matters; provides legal support and advice for collective bargaining including drafting, reviewing and interpreting contract language; represents the District in labor arbitrations.

5. Reviews, prepares, and assists in the negotiation of contracts and agreements, including competitive bid construction and procurement contracts, professional services agreements, joint powers and other public agency agreements.

6. Works with various District departments on development and implementation of various construction projects, interagency agreements, equipment purchases and professional service agreements.

7. Assesses and evaluates legal claims against the District and advising senior management and the Board of Directors on their resolution.

8. Responds to third-party subpoenas and California Public Records Act requests.

9. Provides advice to reduce or mitigate legal risks.

10. Reviews and negotiates complex and unique legal issues.

11. Facilitates District’s Industrial Disability Retirement appeal status with State.

12. Confers with and advises officers and employees of the District on legal questions pertaining to their respective duties, powers, functions and obligations.

13. Reviews new and existing statutes and regulations that may affect the District; advises staff on the impact of new or existing legislation; drafts proposed legislation.

14. Prioritizes workload; maintains a calendar of activities, appointments, legal engagements and meetings.

15. Attends and participates in special group meetings; stays abreast of new trends and innovations in the legal field.

16. Receives and responds to written and verbal inquiries; prepares answers to certain public inquiries.

Minimum Qualifications

Education:
Bachelor’s degree from an accredited college or university. A Juris Doctorate from an accredited law school is required.

Experience:Attorney II: Three (3) years of (full-time) professional verifiable experience as an attorney engaged in the practice of civil law or closely related experience. Public sector and trial experience preferred.

Attorney III: The equivalent of seven (7) years of full-time professional verifiable experience as an attorney engaged in the practice of civil law or closely related experience. Public sector and trial experience preferred.

Other Requirements:
Current active membership in the California State Bar.

Knowledge and Skills

Knowledge, Skills, and Abilities for Attorney II are as follows:
Knowledge of :
  • California and federal statutory, case, administrative and constitutional law
  • Employment Law and litigation
  • Contract and labor law
  • Law and Motion practices.
  • Trial and administrative hearing procedures and rules of evidence
  • Methods and techniques of legal research
  • Current office procedures, methods and equipment including use of computers
  • State and Federal statutes
  • Government Contracting Code
  • Uniform Commercial Code
  • Common law contracts principals
  • California Public Records Act
Skill in :
  • Preparing clear, concise and competent briefs, pleadings, opinions, reports, agreements, and other written documents
  • Presenting statements of fact, law and arguments clearly and logically in oral form
  • Preparing a variety of legal documents, including agreements and contracts
  • Performing legal research
  • Representing the District's position effectively and persuasively in labor arbitrations and administrative proceedings
  • Establishing and maintaining effective working relationships with those contacted in the course of work
  • Representing the District's position effectively and persuasively in trial and appellate proceedings
  • Overseeing and coordinating with outside counsel
  • Assisting in the planning, organization and supervision of a public entity legal department
  • Evaluating options and presenting options to District staff
Knowledge, Skills, and Abilities for Attorney III are as follows:
Knowledge of:
  • California and federal statutory, case, administrative and constitutional law
  • Employment Law and litigation
  • Contract and labor law
  • Law and Motion practices
  • Trial and administrative hearing procedures and rules of evidence
  • District policies and procedures
  • State and Federal statutes
  • Government Contracting Code
  • Uniform Commercial Code
  • Common law contracts principals
  • Bay Area Rapid Transit District contract templates
  • Methods and techniques of legal research
  • Current office procedures, methods and equipment including use of computers
  • California Public Records Act
Skill in :
  • Preparing clear, concise and competent briefs, pleadings, opinions, reports, agreements, and other written documents
  • Presenting statements of fact, law and arguments clearly and logically in oral form
  • Preparing a variety of legal documents, including agreements and contracts
  • Performing legal research, analyzing, appraising and applying legal principles, facts and precedents to difficult legal problems and making sound recommendations
  • Representing the District's position effectively and persuasively in labor arbitrations and administrative proceedings
  • Establishing and maintaining effective working relationships with those contacted in the course of work
  • Representing the District's position effectively and persuasively in trial and appellate proceedings
  • Overseeing and coordinating with outside counsel
  • Assisting in the planning, organization and supervision of a public entity legal department
  • Evaluating options and presenting options to District staff


Equal Employment Opportunity GroupBox1

The San Francisco Bay Area Rapid Transit District is an equal opportunity employer. Applicants shall not be discriminated against because of race, color, sex, sexual orientation, gender identity, gender expression, age (40 and above), religion, national origin (including language use restrictions), disability (mental and physical, including HIV and AIDS), ancestry, marital status, military status, veteran status, medical condition (cancer/genetic characteristics and information), or any protected category prohibited by local, state or federal laws.

The BART Human Resources Department will make reasonable efforts in the examination process to accommodate persons with disabilities or for religious reasons. Please advise the Human Resources Department of any special needs in advance of the examination by emailing at least 5 days before your examination date at employment@bart.gov .

Qualified veterans may be eligible to obtain additional veteran's credit in the selection process for this recruitment (effective Jan. 1, 2013). To obtain the credit, veterans must attach to the application a DD214 discharge document or proof of disability and complete/submit the Veteran's Preference Application no later than the closing date of the posting. For more information about this credit please go to the Veteran's Preference Policy and Application link at www.bart.gov/jobs .

The San Francisco Bay Area Rapid Transit District (BART) prides itself in offering best in class benefits packages to employees of the District. Currently, the following benefits may be available to employees in this job classification.

Highlights
  • Medical Coverage (or $350/month if opted out)
  • Dental Coverage
  • Vision Insurance (Basic and Enhanced Plans Available)
  • Retirement Plan through the CA Public Employees’ Retirement System (CalPERS)
    • 2% @ 55 (Classic Members)
    • 2% @ 62 (PEPRA Members)
    • 3% at 50 (Safety Members - Classic)
    • 2.7% @ 57 (Safety Members - PEPRA)
    • Reciprocity available for existing members of many other public retirement systems (see BART website and/or CalPERS website for details)
Money Purchase Pension Plan (in-lieu of participating in Social Security tax)
  • 6.65% employer contribution up to annual maximum of $1,868.65
Deferred Compensation & Roth 457 Sick Leave Accruals (12 days per year) Vacation Accruals (3-6 weeks based on time worked w/ the District) Holidays: 9 observed holidays and 5 floating holidays Life Insurance w/ ability to obtain additional coverage Accidental Death and Dismemberment (AD&D) Insurance Survivor Benefits through BART Short-Term Disability Insurance Long-Term Disability Insurance Flexible Spending Accounts: Health and Dependent Care Commuter Benefits Free BART Passes for BART employees and eligible family members.

Closing Date/Time: 8/12/2024 11:59 PM Pacific

Base Pay

173,480

Job Address

Oakland, California United States View Map