DEADLINE FOR RECEIPT OF APPLICATIONS: Consideration of applicants will begin on November 20, 2013. Position will remain open and applications accepted until filled by a qualified applicant as determined by the WVBE. The anticipated start date for the successful candidate will be January 1, 2014.
Duties and Responsibilities
It is preferred, although not required, that the applicant has experience in the following areas:
• Education Law in the State of West Virginia, having practiced in that area through representation of clients such as school boards, education employees, policymaking agencies or other related parties;
• Administrative Law, especially the drafting, revising, and interpretation of government policies;
• Federal education law, a working knowledge thereof;
• Representation of Governmental Bodies subject to the laws of the State of West Virginia, including but not limited to those related to open meetings, freedom of information, governmental ethics and administrative procedures;
• Experience representing boards of either governmental agencies or private sector organizations;
• Expertise in conducting detailed research of legal questions, including consideration of judicial decisions and legislative intent in cases involving adaptation of precedents of similar but not identical issues;
• Skill in applying legal precedents which are highly arguable due to the complexity of facts.
DESCRIPTION OF POSITION:
The position will require the successful applicant to provide the full range of legal services necessary for the successful operation of the West Virginia Board of Education, hereinafter “WVBE,” the position principally will require the following activities:
1. Legal Advice. Provide the WVBE with legal advice on a range of matters arising from its Constitutional duty to generally supervise the free public schools of West Virginia. The advice will require, but not be limited to, the items specified in the sections that follow.
2. Personnel. Advise WVBE on personnel matters, including, but not limited to, employment, job descriptions, interviews, terminations, disciplinary actions, grievances, equal opportunity requirements, hearings, executive sessions, open meetings and any and all other matters related to personnel.
3. Policies. Draft, review, correct, present and explain any and all policies which the Board directs. Because the Board speaks primarily through its policies, this is a particularly critical function of the Board and will require a close working relationship with attorneys and other staff for the West Virginia Department of Education, hereinafter “WVDE”, who in many, if not most cases, will be the original drafters of WVBE policies.
4. Contracts, Deeds, Leases, Resolutions, Memoranda of Understanding and Any Other Legal Documents. Draft, review and advise as to all contracts, deeds, leases, resolutions, memoranda of understanding and any other legal documents of any nature whatsoever which might come before the Board for consideration or approval. Among the things to be reviewed are compliance with State and Federal guidelines, laws and rules, proper drafting and construction, and any other matter related to the document. Proper exercise of this task will require cooperative work with other agencies, state and federal, and other organizations, both private and public, profit and not-for-profit.
5. Grants. Assist in drafting, reviewing and submitting grant applications.
6. Compliance with Governmental Acts. Ensure compliance with all governmental acts, including but not limited to laws relating to open meetings, freedom of information, ethics, purchasing, travel and any and all other governmental requirements.
7. Public Relations/Communication: Work with the President, other Board members and staff for the WVDE to craft releases and appropriate responses to reporters, particularly in response to pending legal or personnel issues.
8. Agencies Answering to the WVBE. Assist the WVBE in its duty to supervise the work of agencies answering directly to the WVBE and, when directed by the WVBE, represent those agencies in all administrative hearings and proceedings including, but not limited to, the Office of Education Performance Audits, Regional Education Service Agencies, certain aspects of Institutional Education Programs, the West Virginia Schools for the Deaf and the Blind, and the West Virginia Secondary School Activities Commission.
9. WVBE Meetings. Attend WVBE meetings, work with WVBE secretary and the WVDE to properly prepare agendas and notice requirements, work with WVBE secretary to ensure compliance with filing and publication requirements.
10. WVBE Members. Respond to requests from member of the WVBE for advice, information and counsel.
11. Legislature. Under the direction of the President, provide information to members of the Legislature and Legislative staff upon request, monitor new and proposed Legislation and inform the WVBE regarding its implications, provide suggested language for Legislation, and attend appropriate legislative committee meetings as requested or directed.
12. Presentations. Make presentations on behalf of the WVBE to various groups on a range of issues, including legal issues, as directed by the WVBE or the President.
13. WVBE Staff. Work cooperatively and collegially with other staff of the WVBE to accomplish the goals of the WVBE.
14. WVDE Relationship. Work cooperatively and collegially with the staff of the WVDE, and especially with General Counsel for the WVDE, to accomplish the goals of the WVBE.
West Virginia Board of Education staff is employed upon recommendation of the West Virginia Board of Education President and are state employees. No representative or employee of the state is authorized to enter into any employment contract or other agreement. Board staff work under the direction of the President of the West Virginia Board of Education for the general supervision of the free schools in the state and implementing the policies of the board and other necessary tasks as determined by the West Virginia Board of Education President or his/her designee. Each employee is “at-will” and subject to termination by the West Virginia Board of Education at any time, with or without notice, cause or compensation.”
Applicant must be an attorney licensed to practice in the State of West Virginia.
Candidates for employment must complete an official application form that may be obtained by contacting the Office of Human Resources at (304) 558-2702. The application may be downloaded at http://wvde.state.wv.us/hr/. Three letters of reference, a resume’, a transcript of both undergraduate and graduate degrees awarded and a letter detailing your interest in the position must accompany the application.