Leavenworth County

COUNTY COUNSELOR - COUNSELOR DEPARTMENT 26-8-1

TITLE: County Counselor

DEPARTMENT: Counselor- (Legal)

EXEMPT/NON-EXEMPT: E

LOCATION: Leavenworth County Courthouse

SUPERVISOR: County Administrator

SUPERVISES: Deputy County Counselor, Assistant County Counselor(s) and outside counsel

PERCENTAGE OF TIME ACCOUNTABILITIES

35%- Legal work. Perform legal work and research in the field of local government law and attend County Commission and Board of Planning and Zoning meetings. Provide professional legal services to County departments, boards and Commissions. Drafts resolutions, contracts, deeds, notices, grants, letters and memoranda on various legal topics. Provide Legal Opinions. Drafts opinions for the County Commissioners, Department Heads and Senior County Counselor. Advise various departments on legal matters.

30% - Litigation & Administration. Litigates various civil matters including, but not limited to, civil litigation filed in State and Federal District Court, matters on various Administrative Agencies (i.e., Board of Tax Appeals, Department of Labor, EEOC, KHRC, PERB), labor and employment matters, appeals in State and Federal Courts, bankruptcy property tax, real property collections, code enforcement, zoning and workers compensation. Defend County property values before State Board of Tax Appeals, District Court, Court of Appeals and Supreme Court including handling all equalization appeals, tax exemption applications, grievances and payments under protests, mortgage registration protests and bankruptcy claims. Prosecute nuisance and zoning violation cases for Planning and Zoning Department. Dispose of real and personal surplus property of the county.

30% - Collection. Collects all unpaid personal property taxes through various means, Court hearings, garnishments, attachments. Collect all unpaid real estate taxes through annual foreclosure process.

5% - Other duties as assigned.

SCOPETo perform legal work in the field of local government law; to provide professional legal services to County departments, boards and commissions, and to perform related work as required. This position must keep current on county business in order to assist or be designated to act. This position is allocated only to the County Counselor’s Office. Under general supervision, incumbent is responsible for rendering professional legal services on behalf of the County and performing legal assignments varying from simple to moderate difficulty and complexity to include reviewing and approving county contracts. This position is also responsible for overseeing the ad valorem tax related legal work for the county. The functions listed below represent the description of duties but not necessarily all duties required of this position. Management is not precluded from assigning other related functions not listed herein.

ESSENTIAL FUNCTIONS:

• Acts as a legal advisor for County departments, boards and commissions as assigned by County Counsel. Attends County Commission meetings as needed to stay current on County business.
• May prosecute, defend and or assist civil and administrative actions on behalf of officers and employees of assigned County departments.
• Drafts and performs legal review of county contracts, agreements, resolutions, etc.
• Performs legal research on all aspects of local government law.
• Prepares and renders verbal or written opinions concerning department powers, functions, jurisdiction, authority, procedures, and matters of civil law.
• Oversees the ad valorem tax related legal work for the county to include Filing tax lien foreclosures; Renewal of unsatisfied personal property tax lien judgments; Filing delinquent personal property tax judgment abstracts; Hearing in Aid of Execution hearings; Valuation or Classification appeals Tax Exemption/Tax Grievance applications submitted for processing by the County Appraiser; Review of new bankruptcy filing notices and other bankruptcy related notices.
• Drafts correspondence, memoranda and responds to Open Records Requests.
• Collects all unpaid personal property taxes.
• Acts as legal advisor and represents County departments on a variety of legal issues.
• May assist clients in drafting proposed legislation.
• May handle civil cases from trial through appeal.
• Provides responsive, high-quality service to County employees, representatives of outside agencies and members of the public by providing accurate, complete and up-to-date information in a courteous, efficient and timely manner.

KNOWLEDGE AND SKILLS: (*Required prior to employment)

• General municipal, state, federal and common law affecting local government in Kansas. *
• Judicial procedures, rules of evidence, trial, administrative and appellate procedures. *
• Principles and practice of the legal profession including legal research, investigation, preparation and presentation of formal litigation cases in State and Federal District Court and Administrative Agencies. *
• Established precedents and sources of legal reference applicable to County and local government activities. *
• Knowledge of department policies and procedures.
• Considerable knowledge of Kansas law, related to local government. *
• Ability to effectively prepare for and conduct litigation actions on behalf of the county. *
• Ability to analyze and interpret complex legal issues. *
• Ability to communicate in an effective manner, both orally and in writing. *
• County customer service objectives and strategies.
• Basic computer operation and software programs such as legal research, word processing, and electronic mail. *
• Current technology and trends in the profession.

HUMAN RELATIONS

• Deal effectively with elected officials, department heads, other County employees, and the general public; speak effectively in court and before groups; express legal opinions effectively in writing.
• Interpret and apply the provisions of labor agreements, County Code and County Personnel Rules and Regulations.
• Prepare technical communications directed to governmental agencies, County Administration, and the public.
• Communicate effectively, both orally and in writing, using the English language.

ILLUSTRATIVE TASKS (This is not an inclusive list, other tasks/duties may be assigned.)

• Attend County Commission meetings to stay current on County business.
• Appears before the Kansas Board of Tax Appeals, Leavenworth County District Court, The Kansas Court of Appeals and the Kansas Supreme Court on valuation and taxation issues.
• Files claims and related documents with the S. bankruptcy courts.
• Files eminent domain and condemnation suits for Road and Bridge department.
• Files Nuisance and Zoning Violation Suits for Planning and Zoning Department.
• Files real estate foreclosure action against all unpaid real estate on an annual basis.
• Files Hearings in Aid of Execution, garnishments, attachments, etc. in order to collect all delinquent personal property taxes.
• Lists surplus county property for online auctions, arranges for payment and pick up of sold property.
• Experience with a public entity, representing public boards, and commissions.
• Provide and prepare resolutions, legal documents, legal opinions, and public contracts.
• Assist with writing and reviewing grant applications for various projects.
• Collects unpaid personal property tax.

ENVIRONMENTAL DEMANDS

Work is performed in a modern, smoke-free, office setting. Some off-site meetings are required.

MINIMUM QUALIFICATIONS

Also refer to the items marked with an asterisk (*) in the KNOWLEDGE AND SKILLS section of this job description.

• Graduation from an accredited school of law with a Juris Doctor.
• Five years of experience as a licensed attorney including trial experience and experience that has provided for a broad familiarity with laws pertaining to local government.
• Licensed to practice law in the State of Kansas and to appear before all courts, agencies, and boards in the State to include ability to practice law before the Kansas Supreme Court, the United States District Court for the District of Kansas and the 10th Circuit Court of Appeals.
• Possession and retention of a valid driver's license.
• Knowledge of the principles and practice of the legal profession including legal research, investigation, preparation and presentation of cases in court or other formal litigation.
• Excellent oral and written communication skills.

ADA/PHYSICAL DEMANDS

• Ability to see and read legal documents. Must be adequate to read and write English language for computer usage and to distinguish persons by face.
• Ability to talk and hear in person and by telephone.
• Must be able to speak English clearly. Must be able to clarify or give detailed instructions, facts and information. Ability to communicate in an effective manner, both orally and in writing.
• 10% of the time using copier, fax machine, printer, helping the public.
• 10% of the time to and from various departments, offices, and off-site meetings.
• 80% of the time preparing documents, talking on the telephone, and other duties.
• 20 pounds –reams of paper and other office supplies, surplus property to be sold.
• 20 pounds – sometimes must pushcart with documents and surplus
• Required when climbing stairs within Courthouse or retrieving files from top shelf.
• Required when retrieving or filing from lower drawers or when retrieving items, office supplies, etc. from the floor.
• Required on most tasks.

Leavenworth County will reasonably accommodate qualified individuals with a disability so that they can perform the essential functions of a job unless doing so causes a direct threat to these individuals or others in the workplace and the threat cannot be eliminated by reasonable accommodation or if the accommodation creates an undue hardship to Leavenworth County. Contact human resources (HR) with any questions or requests for accommodation.