Description:
The General Counsel is the primary legal counsel to the Chief Executive Officer (“CEO”) and provides legal advice, guidance, and assistance on any and all matters relating to: the discharge of the CEO's responsibilities and duties; compliance with federal, state, and local laws; and policies and procedures of the Board of Trustees (“BOT”).The General Counsel, as directed by the CEO, may be assigned to assist the BOT and A Government Entity staff relating to significant legal matters affecting the management and the operation of the agency, or its ability to fulfill A Government Entity's mission.
Essential Functions & Responsibilities:
Legal Services to the Chief Executive Officer
- a. Plans, develops and implements programs and projects which enhance the legal services provided to the CEO and protect the agency's interests from a legal standpoint.
- b. Provides legal counsel and guidance to the CEO on agency matters involving legal issues. Renders legal advice, counsel, and guidance on rules, regulations, court decisions, and legal documents affecting the agency.
- c. Makes recommendations to the CEO on organizational objectives and long-range plans to achieve agency growth relative to legal standing on various issues such as ceded lands, minimization of corporate liability, and related matters of a complex and controversial nature and scope.
- d. Responsible for special projects and confidential assignments as directed by the CEO.
- e. Develops and recommends corporate policies and procedures to the CEO and provides guidance and direction to senior management regarding best practices within the A Government Entity Strategic Plan.
- f. Prepares cases for arbitration, administrative, and court proceedings in contract, collections, and kuleana escheat matters, makes court appearances on behalf of the agency, and may represent agency on matters when directed to do so by the CEO.
Management of the Corporate Counsel Office
- a. Supervises the legal staff assigned to the Corporate Counsel Office. Schedules assignments and evaluates the work products of the Legal Counsels and the Legal Office Administrator.
- b. Drafts internal advisory memoranda and legal opinions on the agency's legal position on various legal issues in light of the facts presented arising from policy, operational, and other administrative functions affecting the agency and having legal implications on the BOT, administration and staff.
- c. Provides legal guidance and counsel to the CEO and the Chief Procurement Officer on procurement matters as requested.
- d. Reviews and approves as to form and legal sufficiency on all A Government Entity's contracts, leases and other transactional documents and instruments which impose obligations, responsibilities, encumbrances, liens, or releases upon A Government Entity to safeguard the agency's interest.
- e. Reviews and approves procurement actions for purchases of goods, services, and capital improvements for legal acceptability consistent with Chapters 103D and 103F, Hawai‘i Revised Statutes, companion Hawai‘i Administrative Rules, and A Government Entity procurement policies established by the Chief Procurement Officer to safeguard the agency's interest.
- f. Oversees all outsourced legal services contracts and coordinates all legal services rendered by outside counsel to the agency.
- g. Oversees the maintenance of central files and the security of all original agency contracts.
- h. Coordinates Americans with Disabilities Act accommodation requests for the agency.
Management of the Human Resources Department
- a. Provides legal counsel and guidance to the Director, Human Resources Department on agency matters involving legal employment issues. Renders legal advice, counsel, and guidance on rules, regulations, court decisions, and legal documents affecting the agency.
- b. Reviews and approves as to form and legal sufficiency all Human Resources actions which may impose obligations, responsibilities, and encumbrances on the agency.
Regular attendance on a daily basis is required for this position.
Other Duties / Responsibilities
Performs other duties as assigned by the CEO.
Minimum Qualifications:
Education, Training And/or Experience
1. Education. Graduation from an accredited American law school.
2. Licensure. Must be licensed to practice law in the State of Hawai‘i and a member in good standing with the Hawai‘i State Bar Association.
3. Work Experience. Fifteen (15) years in the practice of law, which must have included at least ten years of practice in the State of Hawai‘i and eight years involving the following experience:
a. At least two years of experience in applying Hawaii procurement laws as set forth in Chapters 103D and 103F, Hawaii Revised Statutes and Title 3, Subtitle 11, Hawaii Administrative Rules.
b. At least three years of experience of drafting and reviewing public (government) contracts, leases, agreements, other legal documents and instruments and amendments to these documents.
c. At least one year work experience in managing a law office, and supervising and evaluating the work activities of legal professionals and support staff.
d. Work experience shall also have included trust law, State of Hawaii government budget and legislative processes; civil litigation experience before the courts of State of Hawaii and in the United States; administrative litigation before local boards and hearing officials; and conduct of legal research and opinion writing.
Knowledge, Skills and Abilities:
Must have working knowledge of:
- Transactions law to draft legal documents using computer software;
- Legal reference and research sources necessary for writing legal documents, opinions, and pleadings;
- Basic knowledge of Hawaiian language and in particular spelling, grammar, and pronunciations since many contracts and other legal documents contain Hawaiian words and names;
- Maintains knowledge of the current status and all developments in the laws that may have an impact on A Government Entity, including: trust and fiduciary law, employment and personnel law, records access and information practices (Chapter 92F, HRS), intellectual property, kuleana escheat, business law, collections, law of non-profit organizations, parliamentary law, contracts, procurement, landlord-tenant code (Chapter 521, HRS), Hawai‘i Administrative Procedures Act and administrative regulations (Chapter 91, HRS).
- Working knowledge of legal processes, court proceedings, legal documents and instruments, and other related activities in order to effectively evaluate legal issues and cases, develop effective courses of action, and represent the Chief Executive Officer and the agency against legal challenges; and federal, state and local laws relating to the functions of the agency.
Must have demonstrated skills or ability to:
- Maintain a professional relationship and rapport with the persons the Corporate Counsel Office is supporting; demonstrate excellent work ethics;
- Make formal oral presentations and communicate effectively with a wide variety of audiences including A Government Entity staff, Board of Trustees, and A Government Entity beneficiaries; effectively participate in organizational planning, budget development, and operations of A Government Entity; and
- Complement the mission of A Government Entity and the functions of the Corporate Counsel Office.