Deputy General Counsel (Litigation & Admin, Proceedings)

PLEASE NOTE: Your application will expire one year from the time of submission. Please feel free to apply to any other positions for which you may qualify.

Job Posting End Date:

Deadline to apply is 11:59 PM on

07-31-2024

Job Title:

Deputy General Counsel (Litigation & Admin, Proceedings)

Contract Type:

Employee

Location:

FL - HOME OFFICE

Job Description Summary:

Our Mission is to equip students for success by developing and delivering highly effective digital learning through an intuitive online platform.

FLVS does not discriminate in admission or access to, or treatment or employment in its programs and activities on the basis of race, color, religion, age, sex, national origin, marital status, disability, genetic information or any other reason prohibited by law.

The Position:

Position General Summary:

The Deputy General Counsel (Litigation & Admin. Proceedings) for the Office of General Counsel (“OGC”) represents and provides legal advice and support services to the Florida Virtual School (“FLVS”) Board of Trustees (“Board”), President and Chief Executive Officer (“CEO”), and other FLVS leadership officials and personnel under the direction and supervision of the General Counsel and any authorized designee(s). 

Essential Position Functions:

• Serve as lead or co-lead counsel for FLVS, the Board, and FLVS officials and personnel in administrative proceedings and civil litigation and appeals, including matters arising from or related to the Florida Administrative Procedures Act, and statutory, equitable, common law, contractual, and constitutional claims.

• As permitted by applicable laws and regulations (including those set forth in the Rules Regulating the Florida Bar, Board Policies, and Board Bylaws), represent and provide legal counsel to Board Members, the CEO, and other FLVS officials and personnel in adversarial proceedings and litigation arising out of or related to events or conduct occurring within the course and scope of their official duties.

• Provide legal guidance and support services to the Board, CEO, and FLVS officials and personnel regarding a wide range of legal issues, including, but not limited to, those arising from or related to public records, open government/sunshine law, purchasing and procurement, risk management, parental rights, and student discipline matters.

• Provide oversight of and collaborate with outside/special counsel, consultants, experts, and vendors engaged to represent FLVS, the Board, Board Members, the CEO, and other FLVS officials and personnel in adversarial proceedings and litigation arising out of or related to events or conduct occurring within the course and scope of their official duties.

• Assist FLVS officials and personnel in all legal matters pertaining to traditional and exceptional student support services, including, but not limited to, such matters arising from or related to the Individuals with Disabilities Education Act (“IDEA”), Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (“ADA”), and Family Educational Rights and Privacy Act (“FERPA”).

• Assist FLVS officials and personnel in all legal matters pertaining to employment and personnel matters, including, but not limited to, such matters arising from or related to the Americans with Disabilities Act (“ADA”), Age Discrimination in Employment Act (“ADEA”), the Florida Whistleblowers Act, and the Fair Labor Standards Act (“FLSA”).

• Assist FLVS officials and personnel in the performance of investigations and preparation of official statements, responses, reports, and other agency filings, including, but not limited to, such matters initiated by or involving the Florida Department of Education (“FDOE”), the Florida Commission on Ethics, Florida Commission on Human Relations (“FCHR”), the Florida Office of Inspector General (“OIG”), the United States Department of Education’s Office for Civil Rights (“OCR”), and the United States Equal Employment Opportunities Commission (“EEOC”).

• Develop and provide OGC legal memoranda and formal and informal opinions for the Board, Board Members, the CEO, and other FLVS officials under the direction and supervision of the General Counsel.

• Develop, draft, and file pleadings, motions, and other filings in assigned adversarial matters, including administrative proceedings, litigation, and appeals under the direction and supervision of the General Counsel.

• Conduct legal and factual research and proactively participate in discovery efforts (including e-discovery) in assigned adversarial matters, including administrative proceedings, litigation, and appeals.

• Appear as counsel of record for FLVS in quasi-judicial proceedings pending before the Board and other judicial and quasi-judicial officers, entities, and agencies.

• Prepare for and attend Board meetings as directed by the General Counsel, including, but not limited to, litigation and cybersecurity “shade meetings.”

• Prepare for and attend interviews and meetings with internal and external stakeholders as directed by the General Counsel.

• Prepare for and attend hearings, depositions, and other proceedings in assigned court and administrative proceedings under the direction and supervision of the General Counsel.

• Prepare for and facilitate FLVS and Board requests for formal and informal guidance and opinions from various state and federal agencies and executive offices.

• Communicate and collaborate with various state and federal officials, agencies, and departments on behalf of FLVS.

• Provide support and assistance to the Board, Board Members, and the CEO in preparation for and during Board meetings, workshops, and other official Board proceedings.

• Develop and provide reports to the Board and CEO regarding pending adversarial proceedings and litigation matters.

• Develop, monitor, review, and provide legal guidance regarding proposed (including new and revised) legislation, regulations, policies, and administrative procedures affecting or impacting upon FLVS or Board operations.

• Develop, monitor, and review performance of various FLVS contracts, inter-agency agreements, settlement agreements, consent decrees, and memoranda of understanding.

• Present and assist in the preparation of training materials for Board Members and FLVS officials and personnel.

• Develop and update Board, FLVS, and OGC handbooks, training materials, and forms/templates.

• Supervise and manage other OGC personnel as directed by the General Counsel.

Other Standard/General Functions, Responsibilities, and KSAs:

• Maintain thorough and up-to-date knowledge of state and federal laws and regulations pertaining to Florida’s Early Learning-20 Education Code and public education system.

• Maintain the privacy and confidentiality of records and information legally protected and precluded from public disclosure pursuant to applicable state and federal laws, regulations, legal privileges, and/or the attorney work product doctrine.

• Demonstrate a commitment to teamwork and the highest degree of ethical standards.

• Demonstrate the ability to independently perform and direct sophisticated legal analyses and work products.

• Demonstrate a high level of proficiency in text- and computer-based legal, legislative, and factual research.

• Demonstrate and execute proactive measures and initiatives in the performance of assigned duties.

• Demonstrate respect and deference to the schedules and availability of Board Members, the CEO, and all other FLVS officials and personnel.

• Demonstrate awareness of and compliance with applicable state and federal laws, regulations, Board Policies and Bylaws, OGC operating procedures, and other FLVS standard operating procedures.

• Provide highly effective verbal communications and written work products.

• Pursue professional training, seminars, and conferences to maintain and continuously improve upon the skills needed to faithfully perform assigned duties.

• Identify, develop, and recommend model practices and procedures tailored to the enhancement of OGC operational excellence and efficiency.

• Ensure the satisfaction of operational requirements, including court and administrative deadlines.

• Meet professional obligations through efficient work habits such as, meeting deadlines, honoring schedules, coordinating resources and meetings in an effective and timely manner, and demonstrating respect for others.

• All work responsibilities are subject to having performance goals and/or targets established.

(The foregoing list of functions and responsibilities is not exhaustive. The incumbent will likely perform additional functions and responsibilities as may be directed by the General Counsel.)

Minimum Requirements:

Education/Licensure/Certification:

• J.D. from an ABA-accredited law school

• Member in Good Standing with the Florida Bar

Experience:

• 15 years of experience practicing law.

• Demonstrated knowledge of state and federal laws and regulations pertaining to public education and/or executive departments or public agencies within the State of Florida.

• Demonstrated success in planning, directing, and supervising the work of other attorneys and paraprofessionals in a public or private legal office setting. 

• Demonstrated ability to establish and maintain positive and effective working relationships with peers, superior, subordinate officials, and personnel.

• Demonstrated ability to independently perform and direct sophisticated legal analyses.

Preferred Experience/Qualifications:

• Graduation within the top 10% of ABA-accredited law school class.

• Service as a federal or state court law clerk.

• Florida Bar Board Certification in one or more of the following areas:

  • Education Law

  • City, County & Local Government Law

  • Intellectual Property Law

• Service as a board attorney, chief legal counsel, or lead litigation counsel on behalf of a public school board, school district, charter school, public college or university, or other executive department or public agency within the State of Florida.

• 15 years of legal practice within the field of public education or state/local government law.

• Demonstrated knowledge and experience in the field of Intellectual Property Law.

CORE COMPETENCIES FOR SUCCESS:

COMMUNICATION SKILLS

Clearly and effectively conveys and/or presents information verbally; summarizes what was heard to mitigate miscommunication;  Shares ideas and perspectives and encourages others to do the same; Informs others involved in a project of new developments; Disseminates information to other employees, as appropriate; Effectively uses multiple channels to communicate important messages; Keeps supervisor well informed about progress and/or problems in a timely manner; Writes in a clear, concise, organized and convincing way for a variety of target audiences; The written message is consistently error-free; The written message has the desired effect on the target audience  

CUSTOMER FOCUS

Prioritizes customers (internal and external)  and their needs as primary and is dedicated to meeting their expectations; Develops and maintains customer relationships; builds credibility and trust; Quickly and effectively solves customer problems; Provides prompt, attentive service in a cheerful manner; adapts to changing information,  conditions or challenges with a positive attitude; Incorporates customer feedback into delivery of service to provide the best experience possible for the customer; Actively promotes our organization in the community by serving as an ambassador or volunteer

 INTERPERSONAL SKILLS

Relates well with others; Treats others with respect; Shares views in a tactful way; Demonstrates diplomacy by approaching others about sensitive issues in non-threatening ways; Considers and responds appropriately to the needs, feelings and capabilities of others; Fosters an environment conducive to open, transparent communication among all levels and positions; Takes the initiative to get to know internal and external customers

               

FUNCTIONAL /TECHNICAL EXPERTISE

Has the skills, abilities, knowledge and experience to be successful in functional area of expertise; Dedicates time and energy to keeping abreast of the latest information related to area of expertise and technology; Picks up on technology quickly; Does well in technical courses and seminars; Produces high quality work in organized and timely fashion

INDIVIDUAL CONTRIBUTOR COMPETENCIES FOR SUCCESS:

PEER RELATIONSHIPS

Finds common ground and solves problems for the good of all; Can represent his/her own interests and yet be fair to other groups; Solves problems with peers with minimal “noise”; Is seen as a team player and is cooperative; Easily gains trust and support peers; Encourages collaboration; Is candid with peers

CREATIVITY

Comes up with a lot of new and unique ideas; Easily makes connections among previously unrelated notions; Tends to be seen as original and value-added in brainstorming sessions; Takes calculated risks; Is not afraid to try new things and potentially “fail fast”

SELF KNOWLEDGE

Seeks feedback; Gains insight from mistakes; Is open to constructive criticism; isn’t defensive; Proactively seeks to understand his/her strengths and areas for growth; applies information to best serve organization; Recognizes how his/her behavior impacts others and incorporates insight into future interactions             

PLANNING

Accurately scopes out length and difficulty of tasks and projects; Sets objectives and goals; Breaks down work into the process steps; Develops schedules and task/people assignments; Anticipates and adjusts for problems and roadblocks; Measures performance against goals; Evaluates results

ORGANIZING

Uses his/her time effectively and efficiently; Concentrates his/her efforts on the more important priorities; Can attend to a broader range of activities as a result of organizing time efficiently; Can marshal resources (people, funding, material, support) to get things done; Can orchestrate multiple activities at once to accomplish a goal; Arranges information and files in a useful manner        

PROBLEM SOLVING

Uses rigorous logic and methods to solve difficult problems with effective solutions; Probes all fruitful sources for answers; Can see hidden problems; Is excellent at honest analysis; Looks beyond the obvious and doesn’t stop at the first answers

DRIVE FOR RESULTS

Can be counted on to exceed goals successfully; Very bottom-line oriented; Steadfastly pushes self and others for results; Is full of energy for the things he/she sees as challenging; Not fearful of acting with a minimum of planning; Consistently seizes opportunities; Consistently exceeds goals         

Physical Requirements and Environmental Conditions:

• Frequency of Travel: Occasional travel is required to attend meetings, training sessions, and conferences; location may vary and may require overnight stays.

• Light physical activities and efforts required working in an office environment

(Reasonable accommodations will be made in accordance with existing ADA requirements for otherwise qualified individuals with a disability.)