Closing Date: 31st May, 2024

Description:

Posting Overview
Qualified candidates may be eligible for reimbursement on moving expenses. Flexible scheduling available to include (but are not limited to) every other Friday off. This position may be filled as a Level I or Level II Assistant City Attorney.

Core Value Statement
A Government Entity will provide excellent public service and ensure the safety and wellbeing of our community and one another through the empowerment of each employee. We value integrity, inclusiveness, stewardship, and communication. We are accountable to our community for innovative and collaborative efforts that anticipate needs, leverage resources, and deliver solutions.

Classification Summary
Level I: Under general direction, enforces the Municipal Code through legal representation of the City in misdemeanor cases. Incumbent provides legal advice to police officers and various City departments; reviews reports for charging decisions; conducts case settlement negotiations; prepares cases for trial and tries cases in court.

Level II: This classification is distinguished from Assistant City Attorney I because it requires greater knowledge of civil litigation and government process. The incumbent will provide legal advice to the City Manager and City Council concerning civil litigation matters in executive sessions. The incumbent will also draft ordinances and prepare staff reports to the City Council. The incumbent exercises considerable discretion and has more expertise and independent authority than Assistant City Attorney I.

Examples of Work Performed (Illustrative Only)
The following list reflects the essential job duties and responsibilities of this classification, but should not be considered all-inclusive. The incumbent will be expected to perform other related duties as assigned.

Level I:
  • Prepares cases for court by reading police reports and records, contacting witnesses, reviewing all evidence to determine the legal sufficiency to pursue cases. Plans legal strategy to ensure compliance with state law.
  • Charges crimes and infractions, exercises discretion in the level and number of charges to file.
  • Represents the City in court for jury and bench trials, as well as hearings involving both criminal and non-criminal cases.
  • Negotiates settlements of criminal and non-criminal cases with attorneys and defendants to ensure the best interests of the City are served.
  • Provides legal advice to police officers regarding City laws and legal procedures, as well as to various City departments when legal representation is necessary in District Court.
  • Reviews drug forfeiture reports; exercises discretion in approving which matters proceed to a forfeiture hearing; litigates forfeiture matters to completion.
  • Receives and responds to inquiries from citizens, victims, attorneys and defendants regarding City laws and policies and pending cases depending upon the nature of information (public vs. confidential). Takes further action as necessary.

Level II:
  • Drafts and/or reviews a variety of legal documents, including but not limited to contracts, leases, interlocal agreements for services, real estate transactions, easements and other property-related documents, settlement agreements, and discovery-related documents.
  • Provides legal advice to various City officials, the City Manager and City Council on appropriate course of action based upon existing law, whether to initiate legal proceedings, and legal strategy. When necessary, appears as Counsel for the City of Kennewick on civil matters filed in District Court and Superior Court, and in civil administrative hearings. Provides legal advice to police officers regarding City laws and legal procedures.
  • Researches and drafts legal opinions in areas of municipal law, including but not limited to, public records, civil rights, public works, land use, police powers, taxing authority, etc.
  • Charges crime and infractions, exercises discretion in the level and number of charges to file. Prepares cases for court by reviewing police reports and records, contacting witnesses, and reviewing other evidence to determine the veracity and legal sufficiency of the City's case. Develops legal strategy to ensure compliance with state law.
  • Represents the City in court for jury trials, bench trials, and motion hearings involving criminal cases. Negotiates settlement of criminal cases with attorneys and defendants to ensure the best interests of the City are served.
  • Represents the City in court for jury and bench trials for civil cases by investigating facts, determining applicable law, assessing the likelihood of success, and negotiating a settlement or litigating accordingly.
  • Receives and responds to inquiries from citizens, victims, attorneys and defendants regarding City laws and policies and pending cases depending upon the nature of information (public vs. confidential). Takes further action as necessary.
  • Prepares ordinances and resolutions for City Council's consideration, and delivers staff reports to City Council as necessary.
  • Serves as counsel for the City's Code Enforcement/Abatement Team. Provides direction, interpretation of governing local, state, and federal laws, and facilitates proper resolution to challenging code enforcement issues.

Employment Standards:
Minimum Qualifications:
Level I:
This position requires a Juris Doctor degree but is otherwise an entry level position that will provide training, mentoring, and courtroom experience to the person hired. Active members of the Washington State Bar Association are preferred but individuals eligible for and awaiting admission may also be considered.
  • Must be an active member of the Washington State Bar Association or be Rule 9 eligible.
  • Must pass a criminal background investigation.
  • Must maintain a level of mental and physical fitness required to perform the essential functions of this classification.

Level II:
This position requires a Juris Doctor degree and three or more years of experience in criminal prosecution, or any combination of relevant education and experience sufficient to demonstrate the knowledge, skills and abilities to perform the duties listed above.
  • Must be an active member of the Washington State Bar Association.
  • Must pass a criminal background investigation.
  • Must maintain a level of mental and physical fitness required to perform the essential functions of this classification.