] Office of Human Resources - Montgomery County Public Schools

OFFICE OF HUMAN RESOURCES AND DEVELOPMENT → CLASSIFICATION → GENERAL COUNSEL

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General Counsel

MONTGOMERY COUNTY PUBLIC SCHOOLS CLASS DESCRIPTION
OFFICIAL TITLE: In-House General Counsel CODE: 0155 SQ/OQ: Not Applicable
WORKING TITLE: General Counsel GRADE: NS MONTHS: 12
SUMMARY DESCRIPTION OF CLASSIFICATION: The general counsel is responsible for ensuring cost-effective, creative, and proactive legal problem solving of the highest quality to assist the Board, the superintendent of schools, and other Montgomery County Public Schools (MCPS) staff to navigate legal requirements, evaluate and manage legal risk, align and conserve resources, promote collaborative dispute resolution and reduce avoidable litigation, if possible, and engage in strategic decision making to promote equity and academic excellence for all students. The general counsel reports directly to the superintendent of schools (superintendent) and the superintendent will supervise day-to-day school, administrative, and operational matters involving the general counsel. As a member of the superintendent¿s cabinet, it is expected that the Montgomery County Board of Education (Board) officers and the Board¿s chief of staff will work with general counsel on matters directly related to the daily work of the Board office. Serves as legal advisor on matters related to policy decision making. The superintendent and Board officers will collaborate on legal matters that have systemic implications or impact the overall operation of MCPS. Coordinates all legal counsel serving MCPS and the Board and supervises attorneys and other staff in the Office of the General Counsel.
MINIMUM QUALIFICATION STANDARDS
KNOWLEDGE, SKILLS, AND ABILITIES: Knowledge of education law, including Maryland education law and special education law; public policy; knowledge of legal principles and practices; knowledge of contracts, land use, student matters, and negotiated agreements; demonstrated litigation abilities involving other agencies, private companies, individuals, and courts. Ability to communicate effectively orally and in writing. Thorough understanding of public school operations and knowledge of legal research and case law that may impact the school system. Ability to write legal opinions, including State Board appeals, communicate effectively, and develop working relationships with school administrators and other staff, as well as external agencies. Able to express ideas and conclusions clearly and concisely. Sustains effective relationships with the Board as the governing structure.
EDUCATION, TRAINING, AND EXPERIENCE: Graduation from an accredited school of law. Possession of juris doctorate degree from an accredited law school; twelve (12) years of experience in the practice of law preferred, including recent progressively more experience in educational and public litigation and administrative law; experience in the practice of law, preferably in the public sector; knowledge of the application of the law in employment and school settings with preferred experience that includes student rights, education, employment, civil rights, personnel management, and negotiations; experience managing staff and monitoring legal bills submitted to the school system.
CERTIFICATE AND LICENSE REQUIREMENTS: Licensed to practice law in the state of Maryland and federal courts or evidence of admission to the Maryland Bar within nine (9) calendar months of the first day of service.
PHYSICAL DEMANDS: (Special requirements such as lifting heavy objects and frequent climbing.) None
SPECIAL REQUIREMENTS: (Frequent overtime or night work required, etc.) Evening and weekend work as needed. Special consideration: EVALUATION: Consistent with all cabinet members, the general counsel¿s performance will be evaluated annually by the superintendent. Board members also will participate in the evaluation.
OVERTIME ELIGIBLE: No

EXAMPLES OF DUTIES AND RESPONSIBILITIES:

Serves as a legal advisor to the system as a whole.

Oversees the Office of the General Counsel and is responsible for monitoring and evaluating all internal and external providers of legal services, consistent with Board Policy BOA, Legal Services.

Provides ongoing review of routine school system matters including but not limited to procurement and contract review; personnel matters; real estate and land use; business/finance; land use; Open Meetings Act, Maryland Public Information Act, and special education requests; civil rights and student matters; and other legal issues that have implications for the operation of the school district.

Prepares and renders legal opinions.

Keeps the Board, superintendent, and appropriate staff members advised about all pending legal matters being handled for the school system.

Responds to inquiries from the Board and provides clarification and information to further their understanding on a specific matter or related to daily work of the Board.

Notifies the superintendent and the Board when a legal matter has significant policy or administrative implications, with appropriate recommendations.

Provides legal assistance in the drafting and/or review of state legislation proposed by the school system for presentation to the Maryland General Assembly. Interprets the impact of legislation based on the interests of the school system.

Provides input and reviews all Board policies before being finalized.
Providing legal review and advice regarding the drafting, negotiation, execution, and implementation of contracts, agreements, and other transactional documents that structure the relationships with government agencies, vendors, contractors, and other parties in support of MCPS¿ educational mission.

Proactively anticipating and addressing legal issues relevant to decision making by the Board and MCPS staff, and provides updates on relevant State Board of Education decisions or regulations which are likely to impact MCPS policy or practice, any federal or state legislation which may require changes in existing policy or practice, as well as any court or administrative decisions.

Proactively anticipates legal issues relevant to decision making.

Conducts and/or supervises all aspects of litigation in which the Board, superintendent of schools, or other staff acting in the course of their duties for MCPS are named as plaintiff or defendant. Works directly with County Attorney¿s office, which provides counsel to the Board through the Board¿s participation in the Montgomery County Self Insurance Fund, and other outside attorneys. These duties include, but are not limited to, the review and/or preparation of all pleadings, trial, and appellate briefs; negotiation between parties including certain settlements; the conduct of trial and hearings at the level of original jurisdiction or on appeal; and all other court or hearing appearances in order to represent the interests of the school system.


Attends Board meetings as needed and provides counsel to the superintendent, Board members, and other school system administrators, as required.

Provides direction in drafting and applications of legal documents, policies and regulations, and resolutions, upon request. The general counsel reviews all such documents prior to submission to the superintendent and the Board.

Is involved in all Office for Civil Rights and Equal Employment Opportunity Commission matters and maintains copies of all related records and correspondence.

Represents the school system in the maintenance of standards of personal conduct, professional performance, and discipline in accordance with the current policies of the Board, and laws of the state of Maryland and the United States.

Manages the process of selection and approval of new outside counsel and initiates contractual agreements with counsel and works closely with outside counsel to review strategy and supervise resources applied to legal matters, ensure consistency of legal position, avoid duplication of cost and effort, and otherwise coordinate the efficient management of their legal services.

Conducts periodic systematic appraisal of legal services.

Develops and manages standardized billing practices of retained counsel.

Requests for outside legal service in excess of $50,000 must be approved by the superintendent or designee and reported to the Board in monthly reports.

Implements centralized case management, reference record keeping, and reporting system for efficient retrieval of legal opinions, decisions, and reports provided to the school system.

Utilizes strategies that ensure quality and cost-control capability for legal services.

Performs related duties consistent with the scope and intent of the position.

Class Established: 7/2013
Date(s) Revised: 1/2020
Last Reviewed:

This description may be changed at any time.