The Chief Counsel I, C.E.A. is typically the top legal position in a Department with a relatively small legal program having responsibility for planning, organizing, directing, coordinating and reviewing the work of a legal staff. Duties include responsibility for planning, organizing, directing, coordinating, and reviewing the work of a professional legal staff; acting as legal advisor to top management; preparing legislation and representing the Department before the Legislature; formulating legal policy; and participating as a member of top management in the development and implementation of department policy.
Under the general direction of the Executive Director, the San Francisco Bay Conservation and Development Commission’s (BCDC’s) Chief Counsel I, C.E.A. serves as the head of the Legal Division. The Chief Counsel I, C.E.A. will evaluate legislative proposals that affect BCDC’s regulatory and planning jurisdiction and aid in crafting legislative language; interpreting the provisions of the McAteerPetris Act, Suisun Marsh Preservation Act, and other state statutes and regulations that affect BCDC’s program including the California Environmental Quality Act and the Open Meetings Act; and interpreting existing laws and regulations. The Chief Counsel I, C.E.A. will also advise the Executive Director and the Commission on legal issues raised by emerging issues such as Climate Change and Rising Sea Level; review and comment on major projects prior to action by federal, state, regional, and local Governments and other stakeholders; supervise in-house work on litigation in coordination with the Office of the Attorney General; advise, draft and analyze legislative proposals; participate in the development and implementation of agency policy and; address the most complex legal matters.
Duties will include but will not be limited to:
· Analyze and render legal advice, both oral and written, to the Executive Director and Commission staff on issues that arise related to: (1) permitting, enforcement, and planning matters under the McAteer-Petris Act, Suisun Marsh Preservation Act, BCDC regulations, and the San Francisco Bay Plan; (2) consistency review of federal activities under the Coastal Zone Management Act in its implementing regulations; and (3) procedural issues associated with noticing and conducting public meetings.
· Review and assist in the development of enforceable permit conditions and proposed amendments to plan documents. Review and evaluate legal instruments, permit assignments, or other documents submitted by permittees to comply with permit requirements.
· Participate in negotiations with Commission staff and applicants for permits or amendments to the San Francisco Bay Plan concerning complex site development projects, proposals and requested plan amendments to ensure that applications and proposals presented to the Commission are consistent with applicable laws, policies and regulations.
· Coordinate, collaborate, and negotiate with state, federal, and local agencies to ensure that proposed projects, plan amendments, and other activities are consistent with the statutes administered by the Commission and with the Commission’s laws, policies, and regulations.
· Participate in negotiations regarding alleged violations and enforcement proceedings, review and comment on proposed violation reports, complaints for administrative penalties, enforcement orders, and settlement agreements.
· Act as liaison with the Office of the Attorney General, the legislature, and others.
· Assign, manage, and supervise all aspects of the work of the Legal Division including two BCDC Staff Counsel III attorneys and a legal secretary; consult with and advise BCDC staff counsel on legal issues that arise in their work on permitting, enforcement, and planning matters, including review of permit and plan amendment application submittals, review and comment on draft permit conditions, and review and approval of public access and open space dedications and permit assignments.
· Advise the Executive Director and senior staff on legal issues raised by the statutes BCDC administers, the Bagley-Keene Open Meeting Act, and other laws applicable to state agencies, such as those related to records retention and management, American with Disabilities Act compliance for electronic documents posted on the Commission’s website, and common law employees.
· Prepare memoranda and staff reports to the Commission on legal issues; make presentations to the Commission; assist in the preparation of reports documenting analyses and recommendations concerning staff reviews of permit applications, projects, Bay Plan policies, and enforcement matters.
· Advise the Commission in closed session regarding pending litigation.
Minimum Requirements:
Membership in the State Bar of California. (Applicants must have active membership in The State Bar before they will be eligible for appointment.) and
Either I
Two years of experience in the California state service performing legal duties* at a level of responsibility equivalent to Staff Counsel, Range D. (Applicants who have completed 18 months of the required experience will be admitted to the examination, but must complete two years of such experience before they will be eligible for appointment.)
*Experience in the "practice of law" or "performing legal duties" is defined as only that legal experience acquired after admission to The Bar.
Or II
Broad and extensive experience (more than five years) in the practice of law*. (Experience in California state service applied toward this requirement must include the same number of years of qualifying experience as required in Pattern I above performing the duties of a class at a level of responsibility equivalent to that described in Pattern I.)
All applicants must meet the education and/or experience requirements for this examination/job announcement by Friday, March 5, 2021, the final filing date. Qualifying experience may be combined on a proportionate basis if the requirements stated below include more than one pattern and are distinguished as “Either” I “or” II”. For example, candidates possessing qualifying experience amounting to 50% of the required time of Pattern I, and additional experience amounting to 50% of the required time of Pattern II, may be admitted to an examination as meeting 100% of the overall experience requirements.
