Attorney Legal Counsel

Salary: $115,875.00 Annually

Description

Under the direction of the Commissioner of Education, provides professional legal counsel to the Virgin Islands Department of Education and administers legal services to all Departmental programs, activity centers on both the St. Thomas-St. John and St. Croix School Districts.   Responsible for performing policy making, confidential, managerial and supervisory functions; acts as confidential legal advisor to the Commissioner of Education; and is the official custodian of all legal and confidential records for the Department of Education.

Duties and Responsibilities

A. POLICY MAKING/ADVISORY

1. Prepares and renders legal opinions to the Commissioner, Insular Superintendents, Leadership team, and administrative staff as requested, on education law, Virgin Islands laws, the Constitution and federal laws affecting public elementary and secondary students and Education Department employees.
2. Formulates, initiates and writes the Department’s Territorial policies and procedures and create rules and regulations for promulgation by the Department of Education; studies and interprets laws, court decisions, ordinances and other legal authorities.
3. Drafts contracts, agreements, legal memorandums and other legal documents, including Memorandums of Agreements and Understanding between agencies of the Government, stipulations, releases, affidavits, responses to enforcement agencies’ notices of violations, etc. 
4. Reviews contracts, Memorandums of Agreements and interagency agreements for legal sufficiency and issues advisory opinions for the Commissioner of Education.
5. Drafts legislation for matters affecting the Department through the Commissioner for review by the Governor and Legislature; keeps abreast of legislation, provides legal assistance in reviewing proposed legislation; serves as liaison with legislative advocates, and represents the Department of Education as an advocate before the legislature in such matters as directed by the Commissioner.
6. Advises Commissioner, Insular Superintendents and Department staff concerning student suspension and expulsion, special attendance issues, and other students’ rights matters.
7. Represents the Department of Education at local workshops and seminars relating to school legal services and participates in in-service education programs with Department staff to limit exposure to liability; develops and conducts staff training sessions and workshops.
8. Investigates written complaints filed by employees or students; functions as the Department’s liaison with the U.S. Department of Education Office of Civil Rights; reviews complaints filed by parents or advocacy groups on behalf of students or individuals with disabilities. 
9. Attends and provides legal advice at meetings of the Board of Education, and such other meetings as the Commissioner directs.
10. Serves as liaison to local and Federal agencies on legal, fiscal, contractual and procedural matters involving the Department.

 B. LITIGATION/ADVERSARIAL

1. Represents the Virgin Islands Department of Education at administrative law hearings and judicial proceedings; attends various negotiating sessions, grievance hearings, administrative hearings, arbitration or appeals and provides legal advice and counsel to the Commissioner in all legal matters in which the Department has an interest.
2. Assists the Attorney General’s office with the defense of the Department before the Public Employees Relations Board or arbitrators in labor disputes involving the 7 bargaining units within the Department.
3. Serves as part of the negotiation team for all collective bargaining agreements involving the 7 bargaining units within the Department.
4. Coordinates legal matters with outside counsel; monitors legal services provided to the Department of Education by outside counsel. 
5. Prepares legal memorandum, pleadings, and handles depositions, interrogatories, pretrial motions, pretrial and settlement conferences.
6. Performs other general litigation functions as required.

Minimum Qualifications

Any combination of experience and training that would provide the required knowledge and abilities; 

• Juris Doctorate from an accredited law school; AND:
• License to practice law in the Virgin Islands with a minimum of five (5) years of litigation experience, preferred experience also in educational administration and/or school and labor laws, industrial relations, public administration and business administration and increasingly responsible experience in educational administration. 

Position Factors

• Legal principles and practices, including civil, criminal, constitutional, contract, procurement, employment, administrative and business law and procedures; 
• Methods, procedures and practices used in the conduct of civil litigation; judicial procedures and rules of evidence; the Virgin Islands Public School System, student rights and discipline; the Virgin Islands Code, Administrative Codes, and Government Codes; pertinent Federal, and local laws, codes, regulations and court decisions relating to education; federal grants; policies and procedures of the Virgin Islands Board of Education; 
• Methods of legal research including Westlaw and Lexis/Nexis; evaluation of practical consequences of legal strategies.

Necessary Special Qualifications

• Incumbent must be in good standing in each jurisdiction licensed to practice law, of good moral character, and having never been convicted of any crime in any jurisdiction.  
• Incumbent must be able to perform all duties impartially and without any conflict of interest in any matter assigned.