County Attorney

General Definition of Work
Performs 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.Essential Functions

1. County Legal Counsel and Governance
   • Provides 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.

1. Department of Social Services (DSS) Representation and Advocacy
   • Provides 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.

1. Litigation and Appellate Practice
   • Represents 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.
2. Transactional, Real Estate, and Procurement Matters
   • Prepares, 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.
3. Legal Research, Opinions, and Policy Support
   • Conducts 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.

1. Legislative, Intergovernmental, and Confidentiality Functions
   • Analyzes 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.

1. Coordination and Outside Counsel

• Coordinates 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.

1. Training, Communication, and Other Duties
   • Provides 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 Requirements
To 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.Knowledge, Skills and Abilities, Education and Experience
Thorough knowledge of local ordinances; torts; contracts; civil rights; administrative processes; and real property law, particularly as applied to counties and local governments. Considerable knowledge of case, statutory, regulatory, and common law in the substantive areas of: Child welfare (N.C. Gen. Stat. Chapter 7B); Child support establishment and enforcement (N.C. Gen. Stat. Chapter 50 Article 1, Chapter 110 Article 9; 42 U.S.C. §§ 651–660; North Carolina Child Support Guidelines); Guardianship and incompetent persons (N.C. Gen. Stat. Chapter 35A); Social services programs and public assistance (including Medicaid and Food Assistance); Employment and personnel law affecting public agencies; Thorough knowledge of the North Carolina Rules of Civil Procedure, Rules of Evidence, and Rules of Appellate Procedure; strong trial and appellate advocacy skills. Knowledge and specialization in the substantive state and federal law related to DSS representation, and understanding of the legal jurisprudence and theory underpinning those areas. Skill in legal drafting, including particular familiarity with the requirements of juvenile court and child support orders, and with complex contracts and resolutions. Ability to conduct civil litigation and, as applicable, related criminal or quasi-criminal enforcement actions; ability to manage complex trial and appellate matters. Ability to interpret and apply constitutional provisions, statutes, administrative regulations, court decisions, and other precedents to varied and complex fact patterns. Ability to analyze facts, evidence, and legal instruments; identify legal issues and risks; and formulate sound, practical recommendations. Skills in time management, negotiation, and crisis management and abatement. Significant interpersonal skills and the ability to maintain effective working relationships with County officials, court personnel, attorneys, staff, outside agencies, and the public. Thorough knowledge of legal research techniques and tools and the technologies necessary for carrying out essential job functions. General understanding of poverty as it affects dependent populations; the developmental psychology of children; mechanisms and causal agents of non-accidental child injury; and the use and interpretation of psychological testing, paternity testing, and drug testing in relevant proceedings. Ability to express conclusions and arguments clearly and logically, both orally and in writing. Ability to maintain strict confidentiality and to conduct business in an ethical and professional manner. Ability to work effectively as a team contributor, coordinating and communicating with other employees and organizations to accomplish common tasks, while meeting qualitative and quantitative productivity standards and maintaining regular, punctual attendance.
Graduation from an accredited school of law. Licensed to practice law in the State of North Carolina. Maintenance of requirements imposed by the North Carolina State Bar for continuing legal education and professional standing. At least one year of professional legal experience, or an equivalent combination of training and experience. Experience as a practicing attorney with significant litigation experience. Preferred experience working with governing boards of counties or other local government entities. Preferred experience in adult protective services, child protective services, child support enforcement, and deeds and trusts as they relate to Medicaid eligibility and other public assistance programs. Valid driver’s license in the State of North Carolina.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).

Salary : $87,956 - $119,840