Chief Legal Officer and General Counsel

SUMMARY OF RESPONSIBILITIES:  This position is responsible for providing legal advice and guidance to the Commission, Executive Management Team and other staff. Responsibilities include conducting in-depth legal analysis of complex utility matters. Position is directly responsible for overall Litigation Management Program, and shall coordinate the selection, evaluation, performance monitoring and issuance of assignments to Outside Counsel and other technical experts with the PWC Legal Department as well as other divisions. Prepares/Reviews/Interprets questions of law and legal opinions. Represents or manages the representation of PWC in matters both for and against PWC in Court, Arbitration and mediation. Prepares and reviews internal policies and legal documents, including deeds, easements, leases, settlement agreements and waivers. Responsible for ensuring that contracts, agreements and procurement policies/procedures are in compliance with the Charter of the City of Fayetteville and applicable North Carolina General Statutes and Federal procurement requirements. Assists with various human resources issues and conducts training for employees as needed. Responsible for staying abreast of legislation/regulations and case law that could impact utility operations. Position is required to attend Commission meetings and provide legal opinion to the Commission as needed as well as updating the Commissioners and senior staff on the status of legal proceedings. Assists with the Public Liability/Workers Compensation claims process for the adjusting and settlement of liability and insurance issues within a self-insured self-administered program. Works independently and without direct supervision within established parameters. Performs related work as required.

ESSENTIAL FUNCTIONS: 

·   Oversees all legal services for the Commission. Interviews, selects, hires, evaluates and recommend use of outside counsel and other legal resources; manages all litigation, including arbitrations and mediations. 

·   Provides legal analyses of various utility matters and risk as they relate to federal, state/local laws and judicial decisions of federal and state courts, without direct supervision. Stays current with court decisions, administrative decisions and legislation. 

·   Participates in the negotiation, review and approval of contracts; prepares and reviews various agreements, deeds, easements, leases and other legal documents. Ensures staff compliance of Records Retention Program and Public Records request programs. 

·   Interprets PWC Charter and advises Commission on compliance requirements; works with City Attorney and City staff as required; provides summary legal reports and updates as necessary. Attends meetings of the Commission/City Council and related special committees as necessary. 

·   Assists in the preparation, monitoring and management of the annual operating budget as it relates to legal services provided to each Division. 

·   Develop legal strategies for the Commission that are consistent with the PWC Charter, NC Statutes, the Commission Strategic Plan, industry best practices as well as being in the best interest of the City of Fayetteville. 

·   Provides general legal guidance to all PWC departments including but not limited to areas of employment law, contracts, bankruptcy & collections, policy development, liability limitation, procurement and claims management

·   Develop procedures to ensure compliance with federal, state and local laws, statutes, regulations and ordinances.

FULL PERFORMANCE KNOWLEDGE, SKILLS, AND ABILITIES:

·   Strong knowledge of federal, state, and local laws and judicial decisions of federal and state courts, including regulations/statues and their enforcement as they apply to local governments and municipal utilities. 

·   Strong ability to review and negotiate contracts and other agreements.

·   Ability to conduct in-depth legal research, quantify legal risk, and prepare legal opinions as needed.

·   Ability to analyze, evaluate and organize facts, evidence, and legal procedures to present information orally and in writing in a clear and logical form.

·   General knowledge of environmental law, employment law, regulatory practices, real estate transactions and bankruptcy law effecting public utilities.

·   Ability to effectively represent PWC in legal proceedings and negotiate settlements as needed.

·   Strong interpersonal skills; works well within a team environment.   

MINIMUM QUALIFICATIONS: 

Graduation from an accredited College of Law, membership in the North Carolina Bar and ten (10) years progressively responsible experience in the practice of law,  at least five (5)  years of which shall have been demonstrated experience in utility law or a combination of utility law, local government law and environmental law.  

 

EMPLOYER’S RIGHTS:  This job description is general and illustrative of the kind of duties required of this position.  It is not exhaustive and does not contain a detailed description of all the duties that may be assigned to the incumbent occupying this position.

At the Fayetteville Public Works Commission (PWC), we mean it when we say our people are our greatest assets.  Our 650 employees are essential in providing award-winning, safe, and reliable electric, water and sewer services to over 118,000 customers with rates that are among the lowest in the state. As the largest municipal public power system in North Carolina, Fayetteville’s Hometown Utility is customer-focused, locally owned and operated and takes pride in being a good neighbor who is committed to quality services, reliability, conservation, safety and the environment.