Associate Legal Counsel/Senior Legal Counsel

Overview of the Office of General Counsel 

Working in close collaboration with the SANDAG Board of Directors, members of the Executive Office, and employees throughout the organization, the Office of General Counsel has a reputation for providing outstanding legal advice and partnering on projects and initiatives that contribute to the overall success of the agency. SANDAG functions in a complex environment and the Legal team is known for being innovative and proactive in facilitating decisions that support the achievement of the agency’s goals.

Role

As a member of the seven person Office of General Counsel, the Legal Counsel will serve as a technical resource to agency executives and project managers and will support various programs, projects, and services by conducting research and preparing resolutions, memoranda, opinions, and other legal documents, providing legal guidance related to agency contracting and procurement processes, assisting with litigation, overseeing the work of outside counsel, providing legal guidance and opinions to various committees and working groups, and providing assistance to the General Counsel. Examples of key projects include: 2025 Regional Plan Update; SR-11/Otay Mesa East Border Crossing; Airport Connectivity Project; San Diego LOSSAN Rail Realignment Project; Bus Stopover Facility; and various bikeway projects. 

This position will be filled at either an Associate or Senior level, depending on experience.

Positions at the Associate level perform the full range of job responsibilities, including project management, working independently, and exercising judgment and initiative, while receiving only occasional instruction and assistance as new or unusual situations arise. Positions at the Senior level perform more complex and difficult legal duties that require highly specialized skills, advanced technical knowledge, strategy development, and expertise, and exercise independent judgment in the performance of their duties.

• Provide legal guidance on public agency contracting and procurement processes ensuring contracts and agreements are consistent with federal, state, and/or local funding agency requirements and are written in a manner that protects the interests of SANDAG. 
• Participate in the review and final approval of contracts, agreements, amendments, Memoranda of Understanding, task orders, and leases; provide advice to employees regarding pre-bid qualifications and bid protests. 
• Analyze, review, and draft contracts, agreements, real property documents, releases, and other legal documents that bind or obligate SANDAG; provide legal opinions and recommendations to ensure SANDAG is properly and effectively represented; review rules, regulations, and policies to ensure legal compliance with all applicable state and federal laws. 
• Participate in negotiating / reviewing third party agreements on high priority projects. 
• Assist in the development and review of language regarding insurance and indemnification in agency contracts; review insurance certificates for adequacy and recommend levels of exposure to insure. 
• Assist in representing SANDAG in legal proceedings before courts, administrative agencies and boards, arbitrators, and other administrative agencies; negotiate, defend, or settle legal disputes; assist with conducting legal research, preparing pleadings, briefs, motions, court orders, and other court documents; appear in court, and negotiate with other parties; coordinate the agency’s representation by outside counsel in proceedings. 
• Assist with litigation involving construction claims, stop payment notices, false claims, performance bonds, payment bonds, and mechanic's lien claims pursuant to the public works construction law; oversee any outside counsel hired to represent the agency in such matters. 
• Assist in the management of right-of-way acquisition for SANDAG projects, generally in coordination with outside counsel; present updates to SANDAG management and the Board of Directors.
• Ensure meeting proceedings, decisions, and recommendations comply with public agency meeting requirements.
• Provide legal guidance in areas of public law, public finance, and various regulatory compliance including the California Public Records Act, Brown Act, general municipal law, and various California regulatory compliance (e.g., CPUC). 
• Respond to and defend SANDAG against consultant/contractor protests and claims under the Tort Claims Act. 
• Develop project plans, Requests for Proposals (RFPs), scopes of work, project deliverables, budgets, and schedules; participate in the selection of consultants/contractors/vendors; administer and manage contracts; ensure projects progress on schedule, within the approved budget and at a consistently high level of quality; ensure projects are completed in adherence to funding agency requirements; coordinate project activities with other departments, outside organizations, stakeholders, and/or elected officials.

Associate

• The minimum education, training, and experience qualifications include a Juris Doctorate from an accredited law school.
• A minimum of three years of professional legal experience as an attorney focusing on municipal or other governmental law. Status as a member in good standing of the State Bar of California is required.
• Demonstrated knowledge of legal principles, practices, and procedures relating to administrative, contract, insurance, real property, transportation, land use, environmental, and construction matters particularly as applied to public agencies; knowledge of specific laws relevant to California local government agencies including the California Government Code, Public Records Act, and the Political Reform Act. 
• Knowledge and demonstrated ability to interpret and apply federal, state, and local laws, codes, policies, and regulations pertaining to municipal finance, parliamentary procedures, and other legal proceedings. 
• Knowledge and experience with standard public agency methodologies and strategies used in the competitive procurement of products and professional services, including experience with protests; demonstrated knowledge and experience with rules, regulations, and laws related to public agency contracts including the California Public Contract Code. 
• Experience with specific laws relevant to California local government agencies in order to address federal and state regulations, dealing primarily with transportation and transit related issues; specific experience working with statutes applicable to the Federal Transit Administration (FTA), Federal Highway Administration (FHWA), and the California Department of Transportation (Caltrans) is highly desirable. 
• Experience with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). 
• Experience with public works construction law including various project delivery methods and their relevant procurement principles. 
• Experience working with local elected officials and supporting public boards, committees, and/or working groups by providing legal advice and ensuring compliance with the Robert’s Rules of Order and the Brown Act is desirable. 
• Knowledge of the California Tort Claims Act as well as experience in construction execution and litigation is highly desirable. 
• Experience analyzing legal issues and applying relevant legal principles and practices; ability to evaluate alternatives and recommend an effective course of action. 
• Ability to prepare a variety of legal documents, comprehensive reports, and correspondence; ability to prepare and present legal information in a clear and concise manner, both orally and in writing; ability to make effective and persuasive legal arguments. 
• Demonstrated ability to exercise good judgment and make sound decisions on legal casework and in dealing with people; ability to work effectively with outside counsel and employees in a sensitive and diplomatic manner. 
• Experience with litigation and other legal proceedings and the ability to review, strategize, and oversee outside counsel on the agency’s legal matters. Experience preparing and reviewing privacy policies associated with the use of technology. 

Senior

In addition to the experience and qualifications for Senior Legal Counsel:

• A minimum of five years of professional legal experience as an attorney focusing on municipal or other governmental law. Status as a member in good standing of the State Bar of California is required.
• Experience performing and coordinating supervisory and advanced level professional, analytical, and administrative duties for assigned Office of General Counsel programs, services, and activities.
• Experience managing legal support for complex, multi-phase planning and/or public infrastructure projects.
• Experience developing and composing draft state, federal, and local legislation.