Assistant Legal Counsel I - Exempt RB# 26-029

                               
POSITION:              ASSISTANT LEGAL COUNSEL  I - EXEMPT
 
SALARY:                 $105,000- $112,000
 
LOCATION:             Legal Department – 713 City Hall, Buffalo, NY
 
RESPONSIBILITIES:    This is an entry-level professional position in the fields of state and federal education law, including special education, labor and employment law, municipal law and general corporate law practice for the Buffalo City School District.  The incumbent serves as a surrogate to the Legal Counsel and when required, will represent the School District in Federal and State court in administrative proceedings.  Duties also include developing and interpreting School District policy.  S/he works under general supervision of the Legal Counsel and will be required to assume direct and independent responsibility for legal matters.  The Assistant Legal Counsel may supervise assigned personnel.


TYPICAL WORK ACTIVITIES:  Counsels with and advises departments, schools, principals and other School District officials and personnel on matters of law affecting the School District and its various departments and offices, and may on rare occasions be directed by the Legal Counsel to give such advice to the members of the Board of Education or Superintendent; 

Defends and represents the School District and its officers and employees eligible for defense services in various courts and before State or Federal administrative agencies such as the Commissioner of Education, the State Division of Human Rights, the Public Employment Relations Board, the United States Department of Education, and at arbitrations and mediations; 

Evaluates and resolves questions regarding special education issues, residency of students and tuition obligations, student emancipation, immunization requirements, custody and guardianship of students in separation, divorce and foster care situations, alternative education issues (including charter schools and home schooling), student discipline and the Code of Conduct, and athletic or extracurricular eligibility; 

Prepares drafts and researches, edits and upon review of a senior attorney, submits legal documents and briefs to various State and Federal courts; 

At the direction of the Legal Counsel, may attend Board of Education meetings, committee meetings, departmental and other internal or external meetings in which the School District personnel participate, or on behalf of such officials, giving legal assistance when required; 

Interviews and prepares witnesses, including expert witnesses for depositions, hearings, arbitrations, mediations and trials; 

Assists in providing training for School District administrators and teachers on the legal implications of various aspects of general and special education and student discipline; 

Prepares allegations and conducts prosecution for long-term suspension hearings in accordance with statutory due process requirements for students; 

Assists in preparation and/or review of Board of Education resolutions; 

Assists in drafting of School District’s policies, rules and administrative regulations in education related areas; 

Performs legal work necessary for the purchase/sale of real property; 

Represents the School District at due process hearings regarding students with disabilities; 

Drafts, negotiates and prepares contracts, agreements, memoranda of understanding, deeds, easements, leases and any other legal documents and forms on behalf of the School District and its departments and schools, examines and approves specifications in connection with such agreements, when applicable; 

Counsels with and advises the School District’s facilities and purchasing departments on various contracts for public bid, as well as professional services agreements; 

Interprets questions and provides advise pertaining to the confidentiality and disclosure of student records, or regarding access to School District records under FERPA or under the Freedom of Information Law; 

Assists in mediation of ad hoc disputes with various community members, groups or agencies; 

Performs legal work necessary in connection with collective bargaining, employee grievances or other labor relations matters; 

Prepares and conducts training sessions for District personnel and volunteers; 

Conducts legal research, as required and related to duties performed; 

Performs other legal work and related duties as required.
 

FULL PERFORMANCE KNOWLEDGE, SKILLS, ABILITIES AND PERSONAL CHARACTERISTICS
 

Working knowledge of federal and state law, including statutes, decisions and regulations pertaining to public education in general or to other subject matters essential to the School District operations;
Working knowledge of the Civil Practice Law and Rules and the rules of evidence;

Basic knowledge of the federal Elementary and Secondary Education Act and Individuals with Disabilities in Education Act and other federal statutes relating to the function of public elementary and secondary education;

Good research and technical writing skills relating to the general duties of an attorney;

Ability to analyze, appraise and apply legal principles, facts and precedents to legal problems;

Ability to conduct legal research;

Ability to effectively communicate both orally and in writing;

Ability to establish and maintain effective professional relationships;

Ability to function effectively in stressful situations;

Independent judgment; tact; professional discretion; initiative; integrity;

Physical condition commensurate with the demands of the position.

MINIMUM QUALIFICATIONS: Applicants must meet all of the following:

• Graduation from a Law School of recognized standing
• Admission to the New York State Bar or proof that requirements for admission are complete and are pending.

Special Requirements

• Applicants must maintain good standing in the New York State Bar during employment.
• Applicants must attain admission to the bar of the United State District Court within one year of date of appointment.
• Applicants must fulfill biannual New York State continuing legal education requirement during employment.
• Applicants must participate in a police background record check and DCJS fingerprinting process.

 Note:  Proof of the above requirements must be presented at time of appointment or within the required time period as stated.
 
APPLICATION:  CANDIDATES FOR THIS POSITION SHOULD COMPLETE AN APPLICATION AND ATTACH AN UPDATED RESUME BY CLICKING THE "APPLY" BUTTON BELOW.  UPLOAD AN UPDATED RESUME BY CLICKING THE "BROWSE" BUTTON LOCATED NEXT TO THE "RESUME:" FIELD. ONCE THE APPLICATION IS COMPLETE, CLICK THE "SUBMIT" BUTTON.
 
APPOINTMENT:   Appointments are subject to the review of the Board of Education upon the recommendation of the Superintendent following the approval of the City of Buffalo Civil Service Division. Personal interviews shall be scheduled where appropriate.  The Buffalo Board of Education is an Equal Opportunity/Affirmative Action Employer.
 
FINAL FILING DATE:   Until Filled
 
APPROVED:

Tami Hollie-McGee
Chief of Human Resources