Closing Date: 20th May, 2024

Description:

A Government Entity is recruiting for the position of Assistant Counsel I/II in the Office of General Counsel. This position will focus primarily on civil prosecution of air quality violations, including cases seeking civil penalties and/or injunctive relief before the Air District's administrative Hearing Board and in Superior Court. Experience prosecuting or defending such cases under air quality or other environmental laws, or in other similar enforcement contexts, is highly desirable. The position will also provide legal advice, counseling and representation on related legal issues arising under local, state and federal air pollution laws and regulations, including air quality permitting, development of new regulations, California Environmental Quality Act issues, contract drafting, administrative law issues, and civil rights compliance, among others. Many of the most pressing air quality issues the Bay Area faces relate to disproportionate air pollution burdens in historically disadvantaged communities, so experience and familiarity with environmental justice issues is desirable. This is a full-time, exempt, management position. There is currently one (1) vacancy.

About A Government Entity:
The Bay Area Air Quality Management District is the government agency responsible for protecting air quality in the San Francisco Bay Area. The Air District is tasked with regulating stationary sources of air pollution in the nine counties that surround San Francisco Bay: Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, southwestern Solano, and southern Sonoma counties. It is governed by a 24-member Board of Directors composed of locally elected officials from each of the nine counties. The Air District's mission is to create a healthy breathing environment for every Bay Area resident, while protecting and improving public health, air quality and the global climate.

The Air District aims to achieve its mission through many strategic goals, including: reducing and eliminating health problems caused by air pollution, achieving and maintaining air quality standards, leading the Bay Area's efforts to fight global climate change, creating high-quality regulatory programs, and applying environmental best practices in all operations. To do so, the Air District regulates air pollution emissions from stationary emission sources such as factories, refineries, and power plants, and from smaller facilities like gas stations and dry cleaners. The Air District ensures that such facilities comply with air pollution laws and regulations, provides incentives to replace older, higher-emitting vehicles and equipment with cleaner alternatives, and gives grants and provides outreach to encourage healthy clean air choices by businesses and consumers. The Air District implements these efforts with an equity focus, aiming to reduce air quality disparities and promote environmental justice by targeting local air pollution in overburdened communities.

The Air District recognizes and values the contributions of every employee and works to sustain an environment where everyone is respected. We incorporate the principles of diversity, equity and inclusion within our decision-making strategies, policies, procedures, regulations, funding initiatives, public outreach, planning, and hiring.

About the Position:
Under direction, the position performs legal work of a routine to complex nature representing the Air District, provides advice and counsel to Air District management and staff, represents the Air District in court and administrative proceedings, and performs related work as assigned.

Distinguishing Characteristics:
Assistant Counsel I is the entry level in this specialized attorney series. It is designed to allow an experienced civil attorney to gain specific environmental law experience. This class is alternately staffed with Assistant Counsel II, and incumbents may advance to the higher level after gaining experience and demonstrating proficiency that meet the qualifications of the higher level class.

Assistant Counsel II is the journey level class of this specialized series, fully competent to perform a wide range of environmental law work. This class is responsible for providing effective legal counsel in complex and controversial environmental law matters. This class is distinguished from Senior Assistant Counsel in that the latter assists in administering and coordinating all phases of legal work for the Legal Division.

Examples of Duties for this Position
  • Prepares and tries routine to difficult cases, often involving a specialized body of law.
  • Represents the Air District in court and in administrative hearings before boards and commissions and state and federal agencies.
  • Investigates and prepares reports regarding claims by and against the Air District and recommends actions to be taken.
  • Advises Air District departmental management regarding Air District authority, jurisdiction, functions and operational procedures.
  • Researches legal problems and prepares opinions, briefs, ordinances, resolutions, and other legal documents.
  • Attends Air District departmental, board and commission meetings to provide legal advice on a variety of matters.
  • Reviews ordinances, resolutions, contracts and other documents for legal sufficiency; recommends modifications as required.
  • Maintains accurate records and files and compiles reports of work performed.
  • Monitors legal developments, including proposed legislation and court decisions; evaluates their impact on Air District operations and recommends appropriate action.

Minimum Qualifications:
Education and Experience:
Assistant Counsel I: Equivalent to graduation from a college or university plus an appropriate law degree and two years of experience as an attorney engaged in the practice of law, preferably with a public agency and preferably involving environmental law and/or enforcement cases, although other relevant experience will be considered.

Assistant Counsel II: In addition to the above, two additional years of experience as an attorney engaged in the practice of law, preferably practicing civil environmental enforcement with a public agency in the State of California, although other relevant experience will be considered.

Other Requirements:
Must be a member in good standing of the State Bar of California at the time of hire.