Assistant District Counsel/Senior Assistant District Counsel

Position Summary

Assistant District Counsel: $246,504.54 – $313,004.60 Annually
Senior Assistant District Counsel: $273,884.42 – $347,775.80 Annually

Valley Water’s (Santa Clara Valley Water District) mission is dedicated to ensuring Santa Clara County and Silicon Valley have access to safe, clean water to support a healthy life, environment, and economy.

Valley Water’s Office of District Counsel is seeking an experienced attorney to augment the Office’s ability to advise the Board and staff on a wide array of agency initiatives, including support for environmental and real estate needs of major public works projects, procurement and public works construction, compliance in a highly regulated operating environment, labor and employment matters, general government law, dispute resolution, and inter-agency transactions.

Headquartered in San Jose, California, Valley Water operates with a Fiscal Year 2024-2025 budget of $1.1 billion and employs over 900 professionals. Their integrated water resources system encompasses the supply of clean water, flood protection, and environmental stewardship of streams.

The incumbent would be hired as Assistant District Counsel or a Senior Assistant District Council and there are multiple ways a candidate may develop the skills and experience required to be successful in this role. Depending on the background and experience of the selected candidate, the exact classification will be determined at point of hire. Both the classifications are designated as unclassified/at-will.

Assistant District Counsel Overview:
The Assistant District Counsel performs a full range of duties assigned with minimal direction and must be fully aware of the operating procedures and policies of the Office of the District Counsel and the agency. The Assistant District Counsel reports directly to a Senior Assistant District Counsel, provides primary legal support to the Valley Water’s business units in specified areas.

Duties and Responsibilities

Key Responsibilities include, but are not limited to:

• Has primary responsibility within assigned areas for planning, organizing, coordinating, and managing Valley Water legal work. Areas of responsibility may include (without limitation) water resources; flood risk reduction; public entity risk management/litigation, labor and employment, real estate transactions and eminent domain, public works contracting, non-construction government procurement and contracts, employee health and safety, unhoused issues, public records requests, Ralph M. Brown Act compliance, conflict of interest and ethics, deferred compensation, emergency operations, environmental law (e.g., CEQA/NEPA, ESA/CESA) intellectual property and licensing, litigation management, administrative law, and public agency financing, and other areas as assigned from time-to-time.
• Prepare, draft, and review a variety of legal documents including services contracts, resolutions, ordinances, pleadings, legislative bills, policies, briefs, variety of reports and correspondence, letters, and other written materials.
• Other duties as assigned.

Senior Assistant District Counsel Overview:
TheSenior Assistant District Counsel will function as one of three senior assistant counsels reporting to the District Counsel. They will work closely with internal Valley Water stakeholders to help drive process transactions for several major capital projects in various stages of development as well as routine transactions.

Key Responsibilities include, but are not limited to:

• Provide timely, accurate, and politically neutral advice to the Board of Directors, executives, and front-line staff with respect to major capital projects.
• Handle agreements with contractors, consultants, and vendors, inter-agency contracts, and Valley Water governance matters.
• Represent Valley Water before external parties such as regulators, legislators, partners, adverse parties, and dispute-resolution fora.
• Manage one or more staff members and/or more junior attorneys.
• Provide training to other attorneys and staff on areas of expertise to improve operational flow.
• Act on behalf of District Counsel in their absence.
• Other duties as assigned.

Ideal Candidate’s Background Includes:
Applicants whose experience and background best match the ideal experience, knowledge, skills, abilities, and education are considered ideal candidates for the position. To determine the top candidates, each applicant will be assessed based on the ideal candidate criteria as listed below.

Critical to these roles will be the ability to acquire and develop legal expertise within various topical areas related to the water industry, the myriad of ongoing projects, and an ability and passion to contribute in an active, fast-paced, and complex legal environment. The demands and expectations of these roles will require a commitment to public service, a passion for the mission of the agency and a tremendous work ethic. An energetic, proactive, self-initiating, multitasker will be a perfect fit for this assignment.

Ideal Experience for Assistant District Counsel:
Two years of recent experience in the active practice of law in the State of California, including experience in one or more of the following fields: water resources; flood risk reduction; public entity risk management/litigation, labor and employment, real estate transactions and eminent domain, public works contracting, non-construction government procurement and contracts, employee health and safety, unhoused issues, public records requests, Ralph M. Brown Act compliance, conflict of interest and ethics, deferred compensation, emergency operations, environmental law (e.g., CEQA/NEPA, ESA/CESA) intellectual property and licensing, litigation management, administrative law, and public agency financing.

Ideal Experience for Senior Assistant District Counsel:
Six years of recent experience in the active practice of law in the State of California, including experience in one or more of the following fields: water resources; flood risk reduction; public entity risk management/litigation, labor and employment, real estate transactions and eminent domain, public works contracting, non-construction government procurement and contracts, employee health and safety, unhoused issues, public records requests, Ralph M. Brown Act compliance, conflict of interest and ethics, deferred compensation, emergency operations, environmental law (e.g., CEQA/NEPA, ESA/CESA) intellectual property and licensing, litigation management, administrative law, and public agency financing.

Ideal Skills and Abilities for both roles:

• A can-do, solutions-oriented mindset is a must, as is a sense of humor.
• A high degree of political acumen and the ability to think strategically and see the big picture.
• Maintain effective relationships with federal, state, regional, municipal, and local agencies, and with Silicon Valley’s major stakeholders.
• Comfortable operating in complex legal and regulatory environments,
• Establish and maintain effective working relationships with colleagues and adversaries.
• Analyze and apply principles of law.
• Present statements of law and fact clearly, succinctly, and logically, both orally and in writing.
• Prepare legally sufficient transactional documents.
• Prepare a variety of reports, correspondence, and other written materials.
• Collect, interpret, and evaluate varied information and data and provide recommendations.

The Senior Assistant District Counsel is the advanced journey-level class in the professional series. It is distinguished from the next lower class of Assistant District Counsel by its responsibility for functional and technical supervision, and for performing the most complex assignments requiring a greater depth of applied knowledge, skills, and judgment. It is further distinguished in that a position in this class is delegated the authority to act on behalf of the District Counsel in her/his absence.

The skills and abilities that will set the Senior Assistant District Counsel apart from the Assistant District Counsel include:

• Ability to manage complex matters with minimal supervision.
• An approach to problem-solving that considers broader impacts beyond the specific issue at hand.
• Experience managing more junior attorneys and/or support staff is desired but not required.

Ideal Knowledge for both roles:

• Principles and practices of law, particularly as related to public agency activities.
• Basic principles of law related to flood control, water resources management, environmental, real estate, public procurement, contract, and modern water law.
• Judicial and administrative procedures and the rules of evidence
• Principles of legal research and writing
• Pleadings and practices and effective techniques in the presentation of judicial cases, administrative hearing cases, and labor arbitration cases
• Principles of governmental organization
• State and federal laws and constitutional provisions affecting Valley Water operations.

Ideal Training and Education for both roles:
Graduation from an accredited four-year college or university, and graduation from an accredited law school.

Required License or Certificate for both roles:

• Must be a current member, in good standing, of the California State Bar Association.
• Must have pledged to comply or be willing to pledge to comply with Santa Clara Bar County Association Code of Professional Conduct.
• Possession of, or ability to obtain, an appropriate, valid California driver’s license. Individuals who do not meet the driver’s license requirement due to a disability will be considered for a reasonable accommodation on a case-by-case basis.

This position is eligible for a hybrid telework schedule, typically working 40% remote and 60% onsite.

SELECTION PROCESS/TO APPLY:
Please submit your application along with cover letter and resume by the application deadline. In your cover letter, please provide your CA State Bar Association number and address the following three prompts:

• Who is the client of an attorney for a public entity? How would that influence the performance of your duties as the Assistant District Counsel for the Santa Clara Valley Water District?
• Please describe the top three achievements of your professional legal career and why you are proud of them.
• Tell us about your experience in the following areas:

• Environmental Law (e.g., NEPA/CEQA; ESA/CESA)
• Real Estate Transactions and Eminent Domain
• Public Contracting/Public Works
• Water Resources
• Flood Risk Reduction
• Public Entity Risk Management/Litigation
• Labor relations, Employment Law, Employee Health & Safety
• California Public Entity law (e.g., Brown Act, Public Records Act, Fair Political Practices Act, Emergency Operations, Public Agency Financing, Unhoused Issues

Following the closing date, resumes and cover letters will be screened according to the qualifications outlined above. The most qualified candidates will be invited to Zoom panel interviews with a Valley Water-appointed interview panel. A select group of candidates will be asked to provide references once it is anticipated that they may be recommended as finalists. References will be contacted only following candidate approval. Finalist interviews will be held with a Valley Water executive interview panel.

To apply, please visit https://apptrkr.com/5557434