Attorney, Office Of Legal Services

Attorney, Office of Legal Services JobID: 20261

Position Type:

Administration (Operations)/Attorney/Counsel

Date Posted:

4/22/2024

Location:

WVDE Deputy Superintendent

Closing Date:

05/06/2024

County:

  West Virginia Department of Education - website  Additional Information: Show/Hide

POSITION TYPE: Professional

ADMINISTRATIVE UNIT: Deputy Superintendent/Office of Legal Services

LOCATION: Charleston, WV

TYPICAL WORK HOURS: 8:00 AM to 4:00 PM

SALARY: $100,699 plus competitive benefits package (WVDE Summary of Benefits) equal to approximately 35% of direct compensation

DUTIES AND RESPONSIBILITIES:

The Attorney, under the direction and supervision of the General Counsel, performs highly responsible tasks for the State Superintendent of Schools and the WV Department of Education. They provide advice and legal representation on a broad range of legal matters including rendering verbal and written advice on legal subjects, recommending legal strategic and tactical initiatives, working under the supervision of the General Counsel to define legal strategies, and providing training and assistance in the development of agency policies, procedures, and programs.

• As directed, provides counsel to the State Superintendent and WVDE staff.

• Assists in investigations related to licensure revocations and/or denials and conduct hearings when necessary.

• Responds to telephone inquiries.

• Drafts interpretations of school law for the State Superintendent.

• Assists in drafting proposed policies/legislative rules.

• Reviews and advises WVDE staff on the terms and conditions of contracts and other agreements.

• As directed, schedules and conducts various administrative hearings.

• Assists with responding to Freedom of Information Act requests.

• Assists outside legal counsel in the representation of the State Superintendent and the WVDE in litigation.

• Maintains confidentiality within the Office of Legal Services and Office of the State Superintendent.

• Performs other duties as assigned by General Counsel or the WVDE State Superintendent.

QUALIFICATIONS:

• Juris Doctorate from an ABA-approved law school and active bar member in good standing to practice law in the State of West Virginia.

• Minimum of five (5) years prior legal experience in education, government, and/or administrative law required.

• Prior experience representing state government agencies strongly preferred.

• Superb legal research, writing, verbal, analytical, interpersonal, and organizational skills with the ability to provide clear guidance on complex legal questions or inquiries.

• Ability to quickly and effectively analyze complex laws and regulations succinctly and competently provide effective solution-based legal advice taking into consideration legal risk and agency objectives.

• Familiarity with analyzing state and federal laws, regulations, court rules, policies, and policy proposals.

• Prior experience in handling employee disciplinary matters or hearings before the West Virginia Public Employees Grievance Board preferred.

• Prior experience working directly with county boards of education or local education agencies as well as working with litigation related to elementary, secondary, or special education also preferred.

EXPECTATIONS:

• The staff member works effectively as a member of the educational team.

• The staff member demonstrates self-control and exhibits an attitude of mutual respect and tolerance.

• The staff member demonstrates ethical conduct and good work habits such as punctuality and attendance.

• The staff member demonstrates self-direction and the ability to use software applications for work productivity and collaboration.

• The staff member is self-motivated and demonstrates the ability to manage multiple tasks/assignments to accomplish high-quality work to meet demanding deadlines with minimal supervision.

• The staff member demonstrates excellent oral and written communication skills, and excellent presentation skills using current technologies.

• The staff member demonstrates ability to work effectively with county personnel and other state/local officials.

• The staff member understands that work assignments may change or be added, as priorities emerge with the West Virginia Department of Education (WVDE).

EMPLOYMENT RELATIONSHIP:

Department of Education staff are employed upon recommendation of the State Superintendent of Schools and are state employees. No representative or employee of the state is authorized to enter into any employment contract or other agreement. Department staff work under the direction of the State Superintendent of Schools for the general supervision of the free schools in the state and implementing the policies of the board and other necessary tasks as determined by the State Superintendent of Schools or his/her designee. Each employee is "at-will" and subject to termination by the State Superintendent of Schools at any time, with or without notice, cause or compensation.

The employment relationship between the State Superintendent of Schools and the employee may be terminated by either party. Reasons for termination by the State Superintendent of Schools include, but are not limited to, immorality, incompetency, cruelty, insubordination, intemperance, willful neglect of duty, unsatisfactory performance, the conviction of a felony or a guilty plea or a plea of no contest to a felony charge, misuse of funds or property, violations of law or policies of the state board, lack of need, or a lack or loss of funding.