Staff Attorney

Maintaining efficiency and economy in operations management requires flexibility in job assignments. While each employee shall have a primary responsibility for the job in which that employee has been hired or later promoted, each employee may be expected to perform other jobs from time to time.

SUMMARY:

Under direction of the General Counsel, the Staff Attorney provides legal counsel for MTS with respect to a myriad of legal matters, such as transactional matters, litigation, and regulatory compliance. The Staff Attorney is responsible for conducting legal research, drafting contracts and legal documents, assisting with individual procurement and public bidding issues, preparing materials to be presented to the MTS Board of Directors, and responding to requests for legal advice by MTS staff.

EXAMPLES OF DUTIES:

Essential Functions

Procurement/Contract Related Matters

• Provides general Procurement Advice. Assists and educates Procurement and other departments on the rules under local, state, and federal law.

• Construction and Architectural & Engineering (A&E) / Construction Management (CM) Procurement Matters

• Prepares new templates (e.g., design build, design bid build, GC/CM) that are compliant with applicable laws, regulations, grant agreements, and policies.

• Works with outside counsel over disputes, claims, and mediations with vendors.

• Oversees implementation of the new Project Labor Agreement and the unknowns that will come with this.

• Reviews and approves requests for proposals (RFP), invitations for bid (IFB), and other procurement documents before they are posted.

• Reviews and approves changes to contract template language requested by vendors.

• Reviews and approves final contract documents for execution by Chief Executive Officer (CEO).

• Handles Disadvantaged Business Enterprise (DBE) Program Compliance documentation/reports (e.g., developing efficient processes and procedures for monitoring DBE firms and ensuring DBE subcontractors are being promptly paid).

Land Management Related Matters -- Smaller Transactions

• Reviews and approves easement language.

• Reviews and approves simple license and lease documents or amendments.

• Reviews and approves final ROE Permit documents for execution by CEO.

Document Management Related Focus

• Cybersecurity (e.g., develops policies and procedures for implementation by the Information Technology (IT) Department, such as responding to a security breach or data hack and what are the required notices to affected passengers or employees or vendors if PII information involved).

• Public Record Act Requests (e.g., reviews documents for privileged or confidential information).

• Record Retention (e.g., updates Record Retention Policies and procedures, helps staff manage the new integration of Microsoft 365 and manages how to designate all new files and what retention period is required).

• Privacy Policy (e.g., reviews policies and procedures, ensures all documents managed by various departments are in compliance with policies and procedures, Children's Online Privacy Protection Rule (COPPA)-related compliance, and other laws, policies, and best practices related to personally identifiable information (PII) or other sensitive records).

• Provides oversight on all Board Policies, Ordinances and other Internal Policy Documents to make sure they are more frequently reviewed and updated by applicable staff.

Duties May Include, But Are Not Limited To, The Following:

• Assists Deputy General Counsel and General Counsel on special assignments.

• Performs other duties as assigned.

QUALIFICATIONS:

Knowledge, Skills and Abilities

Ability to quickly learn MTS policies and regulations, interpret them, and apply them in real-time situations on very tight time frames, ability to multitask and perform a large number of projects simultaneously; ability to make presentations to the MTS Board of Directors both in closed and open session MTS Board meetings; ability to represent various internal client groups and provide sage and concise advice; ability to explain complex legal matters to laymen while still ensuring project delivery in a timely fashion; ability to write letters, memoranda, and reports using clear, concise, and grammatically correct English; ability to speak clearly, distinctly, and effectively in person-to-person or small group situations using tact and diplomacy; ability to establish and maintain priorities in order to complete assignments by deadlines without detailed instructions; skill in verifying the accuracy and completeness of forms and reports; advanced knowledge of the Microsoft Office Suite and the ability to learn and use other software that MTS might have or acquire; ability to exercise sound independent judgment and maintain effective working relationships; ability to represent MTS in a positive way while working with the public; knowledge of the principles and practices of contract compliance for DBE programs and related federal, state and local rules and regulations; knowledge of public sector procurement and bidding procedures; proven skill in making difficult decisions and explaining the rationale for those decisions to multiple and diverse client groups; ability to act as a true general practitioner attorney that is business savvy and can think outside the box to deliver practical business solutions in a fast-paced environment.

Physical Requirements

The successful candidate must be able to fulfill the physical demands of the job such as walking, stooping, sitting, bending, reaching for overhead files and occasional lifting (must be able to lift up to 15 pounds). Must be able to operate a motor vehicle and perform tasks involving manual dexterity, such as use of a computer and 10-key. Work will at times require more than 8 hours per day to perform the essential duties of the position, as well as night hours, weekend hours or an irregular work week. Duties will be performed primarily in an office type environment and may require travel to external locations and agencies.

Experience/Education/Certificates/License(s)

Must possess a J.D. from an accredited law school and be licensed as a member in good standing of the State Bar of California. A minimum of three years of full-time legal experience as a licensed professional attorney is required, with transit and public agency experience preferred. Bilingual in English and Spanish is also preferred, although not required. Must possess and maintain a valid California Driver's License.

GENERAL:

Must satisfactorily pass all applicable examinations including, but not limited to, a pre-employment physical, drug screen and background check.

SALARY GRADE: 13 ($107,784 - $153,053)

Hiring Range: $108,000 - $133,500

DISCLAIMER: The above described job elements are intended to indicate the general nature and levels of work being performed by employees assigned to the job. They are not intended to be an exhaustive list of duties, responsibilities and skills required of employees so classified. Management retains the discretion to add to or change the duties of the position at any time.