County Attorney

JOB
General Definition of WorkPerforms complex professional and administrative legal work in providing legal services for Pender County. Provides legal counsel to the Board of County Commissioners, County Manager, County HR, County Finance, and other County departments, as well as County boards and commissions, on a wide range of legal issues. Work includes drafting and reviewing legal instruments, advising on policy and operations, participating in litigation and administrative proceedings, and ensuring compliance with applicable federal, state, and local laws and regulations.This position also performs professional legal work for the Pender County Department of Social Services (DSS). Work is performed independently in multiple areas of law of significant scope and complexity, including federal and state child welfare law (N.C. Gen. Stat. Chapter 7B); child support establishment and enforcement (N.C. Gen. Stat. Chapter 50 Article 1 and Chapter 110 Article 9; 42 U.S.C. §§ 651–660; and the North Carolina Child Support Guidelines); law affecting incompetent persons and guardianship (N.C. Gen. Stat. Chapter 35A); the North Carolina Rules of Appellate Procedure; and personnel law. Work involves preparing DSS-related cases for trial and hearing; performing legal research and witness interviews; presenting cases in court; drafting court orders and legal documents; participating in pretrial conferences; assisting in developing protocols and procedures; providing consultation and training to Social Services staff; and providing legal advice and consultation to the Director of Social Services and the Health and Human Services Director, including Program Integrity/Fraud matters.The position is housed in the Administration Building in Burgaw, North Carolina and requires standard office hours during the normal workweek, with additional hours as needed to meet court, board, and staff needs. Work is performed under the general supervision of the County Manager and Lead County Attorney or his/her designee.

EXAMPLE OF DUTIES
Essential FunctionsCounty Legal Counsel and GovernanceProvides legal advice and counsel to the Board of County Commissioners, County Manager, Department Heads, County HR, County Finance, and other County officials, boards, and commissions as requested or required.Interprets and applies federal, state, and local laws, regulations, and court decisions affecting County operations, programs, and policies; prepares written and oral legal opinions.Coordinates with the County Manager or designee to ensure that County policies, ordinances, and regulations are workable, legally sound, effectively enforced, and fairly implemented.Addresses legal inquiries and requests for information from County officials and staff, and as appropriate, from the public.Works with the Human Resources Director and County Manager or designee regarding personnel-related matters, including public employment law, policy development, workers’ compensation, liability, FLSA, ADA, FMLA, and employment separations.Department of Social Services (DSS) Representation and AdvocacyProvides legal representation and advocacy to child welfare social workers, including trials and hearings for non-secure custody, adjudication, disposition, review, permanency planning, post-termination-of-parental-rights (TPR) review, and show cause hearings.Provides legal representation and advocacy to child support agents, including establishment and enforcement of child and/or medical support orders (including registration of foreign support orders), modification hearings, show cause hearings, license revocation proceedings, and other enforcement measures authorized by N.C. Gen. Stat. Chapters 50 and 110, related federal law, and the North Carolina Child Support Guidelines.Provides legal representation and advocacy to adult services social workers, including petitions for guardianship, petitions for the provision of adult protective services, and supplemental guardianship procedures, such as estate accountings and judicial sales of assets for the benefit of estates.Regularly staffs and reviews child welfare files to advise DSS regarding the availability and appropriateness of court intervention in child welfare cases.Serves as the primary legal resource to DSS regarding federal and state statutory confidentiality requirements.Assists adult services social workers in administering the agency Unclaimed Body Protocol.Prepares legal opinions concerning property, wills, estates, and trusts as they relate to eligibility for Medicaid, Food Assistance, and other public assistance programs.Provides legal counsel regarding DSS Program Integrity/Fraud-related issues.Litigation and Appellate PracticeRepresents the County in civil lawsuits and administrative proceedings, including matters involving land use, zoning, contracts, procurement, employment, code enforcement, and other County interests.Conducts litigation in state and, as applicable, federal courts and before administrative bodies, including case evaluation, strategy development, discovery, motion practice, trial, and post-judgment proceedings.Provides legal representation and advocacy in appellate matters before the North Carolina Court of Appeals, the North Carolina Supreme Court, and the Office of Administrative Hearings, including drafting notices of appeal, motions, legal briefs, and writs; compiling records on appeal; and presenting oral argument as needed.Prosecutes violations of the County’s Code, Unified Development Ordinance, and other enforceable regulations; pursues court-ordered compliance, injunctions, abatements, civil penalties, and actions to recover damages to County property.Negotiates with opposing parties in court and in pre- and post-litigation settings to achieve resolutions that protect the County’s legal and financial interests.Transactional, Real Estate, and Procurement MattersPrepares, reviews, and assists in the negotiation of ordinances, resolutions, policies, contracts, deeds, leases, statutorily authorized development agreements, public-private partnerships, economic development agreements, reimbursement agreements, and related legal instruments.Evaluates the legal sufficiency and risk implications of procurement activities, including Requests for Proposals/Qualifications, bid documents, and resulting contracts.Ensures terms and conditions of grant agreements, interlocal agreements, and other funding instruments are legally acceptable and that compliance obligations are clearly understood.Supervises and administers land transactions, including analysis of land titles, easements, rights-of-way, and related real property issues.Legal Research, Opinions, and Policy SupportConducts legal research and investigations to obtain facts and identify applicable legal precedents across a range of areas including municipal law, constitutional law, administrative law, contract law, local government law, employment law, land development regulations, zoning and land use, franchise law, public safety, peace and morals, and social services law.Prepares clear, concise legal memoranda, opinions, reports, and guidance documents for County leadership and departmental staff.Assists DSS and other departments in developing and refining protocols, procedures, and internal policies to ensure legal compliance and risk mitigation.Continually stays abreast of changes to the North Carolina General Statutes, United States Code, relevant regulations, case law, and practice standards by research and writing, attending and/or teaching continuing legal education seminars, and providing internal training.Maintains familiarity with U.S. treaties and protocols relating to the treatment and disposition of foreign nationals (including members of federally recognized Indian tribes) in child welfare proceedings.Legislative, Intergovernmental, and Confidentiality FunctionsAnalyzes legal changes, legislative proposals, and regulatory developments that may impact the County and advises on recommended responses or required compliance actions.Serves as a legislative liaison for the County with State and Federal governments, as assigned.Acts as the primary resource to DSS and other departments regarding federal and state statutory confidentiality requirements, records access, and privacy obligations.Coordination and Outside CounselCoordinates with the Lead County Attorney regarding case strategies, assignments, and major legal issues affecting the County.Works collaboratively with other legal personnel, when applicable, to ensure quality, consistency, and alignment with County legal strategy.Assists in coordinating work performed by outside counsel retained by the County, including reviewing recommendations and integrating outside counsel’s work into overall County legal strategy.Training, Communication, and Other DutiesProvides training and presentations to County boards, management, DSS staff, and other County personnel on relevant legal issues, risk areas, and policy changes.Maintains current knowledge of County organizational rules, policies, procedures, services, and mission, and aligns legal guidance with operational and strategic priorities.Plans, prioritizes, and organizes work effectively to produce high-quality results within established deadlines and productivity expectations.Performs other related work and special projects as required to support County and departmental priorities.Other duties as assigned.Qualification RequirementsTo perform this job successfully, an individual must be able to perform each essential function satisfactorily.? The requirements listed below are representative of the knowledge, skill and/or ability required.? Reasonable accommodations may be made to enable individual with disabilities to perform the essential functions.

SUPPLEMENTAL INFORMATION
Physical Requirements This work requires the occasional exertion of up to 10 pounds of force; work regularly requires speaking or hearing, using hands to finger, handle or feel and reaching with hands and arms, frequently requires standing and occasionally requires walking, sitting, pushing or pulling and lifting; work has standard vision requirements; vocal communication is required for expressing or exchanging ideas by means of the spoken word; hearing is required to perceive information at normal spoken word levels; work requires preparing and analyzing written or computer data, operating motor vehicles or equipment and observing general surroundings and activities; work has no exposure to environmental conditions; work is generally in a moderately noisy location (e.g. business office, light traffic).