Senior Assistant City Attorney III (Real Estate Focus)

The City Attorney is seeking a qualified Senior Assistant City Attorney III to serve in the Civil Division of the City Attorney’s Office. Senior Assistant City Attorneys in the Civil Division are assigned to multiple division and/or section clients and handle all legal matters of those assigned clients. The primary client for the attorney selected through this recruitment will be the City’s Real Estate Section. The attorney will be expected to handle a broad range of real estate legal matters, including eminent domain litigation, real estate transactions, and drafting and reviewing easements, license agreements, and other instruments. Three to five years of experience working in the area of Real Estate Law is preferred. While the focus for this position will be real estate law, the selected attorney will also be assigned to other clients based on the experience of the attorney selected and the best interests of the City, as determined by the City Attorney.

The Senior Assistant City Attorney III actively supports and upholds the City’s stated mission and values. Under supervision of the Deputy City Attorney, employees of this class perform senior level work independently. This position is responsible for assisting the City Attorney to provide legal services for the City, including research and analyses of complex legal issues, drafting ordinances and legal memoranda, enforcement of ordinances and statutes, representing the City in Federal, State, and Local administrative courts and agencies, and advising City staff and the City Council.

For this recruitment we are asking that all candidates provide a resume and cover letter with their application. 

Please note this position is currently pending funding approval by City Council and cannot be filled until after July 1st of 2025. Should funding not be approved you will be notified that the recruitment has been cancelled.

ADMINISTRATIVE DUTIES

• Supervisory:  This job does not have formal supervisory responsibilities but may oversee the work of legal interns and the Office’s Executive Assistant.
• Budgetary:  This job does not have budgetary responsibilities but carries out day-to-day activities within approved budget.
• Strategic Planning:  This job has partial responsibility for assisting the Deputy City Attorney with strategic planning for Civil Law in the City Attorney’s office (assists with developing, implementing, and managing long and short-term goals).
• Policies/Procedures:  This job has full responsibility for policies and procedures City-wide through working with City Divisions to develop, implement, and interpret policies and procedures.
• Compliance: This job has partial responsibility City-wide for assisting Divisions with following, ensuring compliance with, and enforcing Federal, State, and Local laws, rules, and regulations as well as City policies and procedures.
• Council Communications: This job has partial responsibility for communicating with Council regarding civil law matters, as directed by the City Attorney, as well as for assisting City Divisions with making recommendations and presentations, writing staff summaries, ensuring Performance Measures are met, and balancing needs with Council’s adopted goals, priorities and direction.
• Reporting:  This job has partial responsibility for reporting to federal, state, and local agencies (e.g. State Liquor Board, Arizona Department of Environmental Quality, County Assessor, County Flood Control District, Federal Aviation Administration, Federal Emergency Management Association, Housing and Urban Development, U.S. Forest Service, U.S. Corps of Engineers).

• Provides excellent customer service to both internal and external customers.
• Serves as legal counsel to two or more City departments or fields of law (e.g. airport, clerk and elections, code compliance, community development, economic development, engineering, finance, grants and contracts, housing, personnel, real estate, and water services)
• Works with outside legal counsel on assigned litigation matters.
• Analyzes and determines the legality of proposed City actions under the City Charter, City Code, Federal and State Constitutions, and Federal, State and Local law.
• Attends City Council, board, commission, or other meetings to advise on legal issues and questions.
• Conducts trainings for board and commission members regarding conflicts of interest, open meetings, public records, and their duties as City officials.
• Conducts trainings for City staff on areas of expertise.
• Researches and drafts ordinances, resolutions, intergovernmental agreements, development agreements, contracts, deeds, leases, and other legal documents.
• Negotiates with third parties and writes contracts, intergovernmental agreements, development agreements, leases, easements, licenses, deeds, and other legal documents.
• Reviews and prepares proposed revisions to City Charter, City Code, and City policies and procedures.
• Approves the form of all legal documents.
• Advises departments regarding legal matters affecting their operations.
• Provides general information to the public regarding legal proceedings and procedures and responds to general questions or concerns relating to City legal matters.
• Represents the City, Mayor, City Council, and City employees in Federal, State, and Local administrative courts and agencies, and in appellate actions.
• Reviews proposed laws pending in the State Legislature that affect City policy and the enforcement of laws in the City, and counsels City departments regarding such legislation. May be asked to draft proposed bills or legislation.
• Researches and renders opinions and advice on a wide range of complex legal issues to City Council, boards, and commissions, as directed by City Attorney, and to upper-level administrative staff.
• Prepares legal memoranda and briefs and performs legal analyses.
• Provides legal advice regarding personnel policies, discipline, complaints, claims and other personnel matters.
• Reviews, revises, drafts and approves employment/personnel policies and forms.
• Reviews and/or drafts responses and position statements regarding EEOC claims asserted against the City.
• Assists with revenue recovery (e.g. fees, rent, local transaction privilege taxes).
• On occasion, assists with formation of special taxing districts.
• Keeps abreast of current court decisions and legislation and advises relevant City departments of the effects of those decisions and legislation on City operations.
• Represents the City by attending legal seminars, and other attorney networking groups.
• Enforces City code and policies regarding zoning, building and safety, water, nuisances, and other City interests. 
• Pursues uniform and consistent application of laws, policies and procedures, to promote integrity and faith in public government.
• May be assigned to mentor or supervise other attorneys in areas of expertise, and to provide supervision for support staff and interns. 
• Fills in when City Attorney and Deputy City Attorney are not available.
• Other duties as assigned.

MINIMUM REQUIREMENTS

• Ten years of experience in the practice of municipal law or other areas of civil law related to the practice of municipal law (e.g., land use, human resources, litigation, tax, transactional/contracts, economic development, real estate, utilities and water law). 
• Graduation from a school of law accredited by the American Bar Association with an L.L.B., or a J.D. 
• Member in good standing with the State Bar of Arizona.
• Or any combination of education, experience, and training equivalent to the above Minimum Requirements. 

OTHER REQUIREMENTS

• Must possess, or obtain upon employment, a valid Arizona driver’s license.
• Regular attendance is an essential function of this job to ensure continuity.

REQUIRED KNOWLEDGE, SKILLS AND ABILITIES (ILLUSTRATIVE ONLY)

• Ability to identify important legal issues and collect all facts necessary to provide advice to department clients. Assignments are made by the Deputy City Attorney.
• Ability to identify alternative courses of action within confines of the law to achieve client goals.
• Ability to advise clients on basic negotiation strategy.
• Superior communication skills, both verbally and in writing, demonstrated by written legal memos and oral presentations to clients. 
• Ability to research, analyze, and draft ordinances, resolutions, intergovernmental agreements, development agreements, contracts, deeds, leases, and other legal documents.
• Ability to exercise independent judgment in resolving civil matters concerning the City.
• Ability to prepare well-written legal memoranda and briefs and perform complex legal analyses.
• Ability to provide excellent customer service to inside and outside stakeholders by meeting deadlines, prioritizing work appropriately, and assisting other lawyers in the City to do excellent work.
• Ability to represent the City, Mayor, City Council, and City employees in Federal, State and Local courts and in administrative hearings.
• Considerable knowledge of the methods of legal research and analysis and sources of legal reference applicable to municipal activities.
• Ability to establish and maintain positive and effective working relationships with City Attorney, Deputy City Attorney and other staff members of all departments, administrative and public officials, members of other governmental organizations, and outside legal professionals.
• Experience with the review, negotiation, and drafting of contracts or other primary responsibility for participation in transactional work.
• Working knowledge of Federal, State and Local laws and rules. 
• The Senior Assistant City Attorney assigned to act as the legal adviser to the Flagstaff Police Department must possess a working knowledge of criminal law and Section 1983 litigation. 
• Independently serves department clients.
• Ability to handle exceedingly complex legal issues and application of law.
• Demonstrates superior legal acumen in the legal subject matter involved with the departments to which attorney is assigned. Serves as a subject matter expert to external colleagues in his or her practice area.
• Ability to serve as a resource to other attorneys within the office in researching, analyzing, and drafting complex documents.
• Ability to serve as a subject matter expert to external colleagues in his or her practice area in peer review and/or developments in the law.
• Ability to supervise and assist outside counsel in connection with complex litigation involving the City and complex administrative law issues. 
• Ability to identify and evaluate risk of litigation and present analyses of litigation risks in executive session. 
• Exhibits awareness of political pressures related to legal advice. Proposes actions or solutions that are within the tolerance of the current city management and political body, looks beyond the legal answer to determine also what is practically possible, and does not focus on his or her own opinions as to policy decisions.
• Fills in when City Attorney and Deputy City Attorney are not available.
• Demonstrates versatility and knowledge of several areas of municipal law.
• Proficient knowledge of and ability to use Microsoft Office Suite, and ability to adjust to change in software technologies used by the City.
• PHYSICAL REQUIREMENTS AND WORKING ENVIRONMENT
  • While performing the duties of this job, the employee is frequently required to use hands to finger/handle/feel, talk or hear. The employee is regularly required to sit, and occasionally required to stand, walk, and reach with hands and arms. 
  • The employee must occasionally lift and/or move up to 25 pounds.
  • There are no special vision requirements for this position. 
  • There are no special working conditions for this position.
  • The noise level in the work environment is usually moderate.

Salary : $109,949 - $164,923