GENERAL DESCRIPTION

The General Counsel is hired by and reports directly to the Fort Pierce Utilities Authority (FPUA) Board.  The General Counsel is the chief legal officer and attorney responsible for leading all legal affairs to the FPUA Board, Director of Utilities, system directors and staff in support of FPUA’s mission statement.  Performs functions to provide for comprehensive, high quality legal services covering all aspects of the current and future business requirements for electric, water, wastewater, natural gas, fiber and other systems.  The General Counsel is a full-time employee with a permanent office space on premise and required to attend all board meetings and other meetings as required.  The General Counsel is required to implement the strategic goals of the Director of Utilities, system directors and staff in support of FPUA’s business goals so long as such implementation does not run contrary to the strategic goals, positions and policies established by the FPUA Board.

ESSENTIAL JOB FUNCTIONS
(Note: There are also secondary functions, which the employee will be required to perform.)

Responsible for all legal affairs of the FPUA Board and the FPUA including contract and memorandum of understanding drafting, and negotiation, interpretation of policies, contracts, by-laws, and other instruments such as annexation agreements, easements, purchasing, leases and execution of transactional matters; all litigation, including both civil litigation and docketed administrative and regulatory matters; and direction of outside legal counsel.

Responsible for attending and serving as legal counsel to the FPUA Board during Board meetings and workshops. Advises the FPUA Board on all legal matters that arise during such meetings.

Responsible for providing for the preparation, negotiation, review, and interpretation of all contracts, policies, and other legal documents of FPUA.

Works closely with the Director of Utilities to communicate to the FPUA Board on matters related to the FPUA Charter and other related documents. Responsible for understanding and interpreting the FPUA Charter (Article XII), all bond covenant(s), and other related documents such as the FPUA Charter Review Commission resolution (18-R23).

Provides legal support of the strategic goals of the FPUA Board, FPUA and the efforts of the FPUA leadership team and staff in leveraging legal and risk analysis to achieve strategic goals.

Maintains clear line of communication with the FPUA Board and Director of Utilities, system directors and leadership team, and keeps the same informed of legal and regulatory compliance issues pertaining to FPUA.

Provides legal analysis and counsel on legal, policy, business, risk, and regulatory issues to the FPUA Board, Director of Utilities, system directors and leadership team.  Must account for the business and political environment and serve to support strategic goals of the FPUA Board and the FPUA.

Responsible to recommend and manage outside legal counsel for any such matters that are outside of the immediate expertise or beyond the time commitments of the General Counsel.

Responsible for advising the FPUA Board, Director of Utilities, system directors and staff on compliance with all federal, state, and local ordinances, laws, rules, and regulations applicable to FPUA.

Trains and advises FPUA Board members, Director of Utilities, system directors and staff on various public utility legal obligations, including, among others, the Florida Government in the Sunshine Law and Code of Ethics for Public Officers and Employees.

Must communicate potentially significant legal and regulatory issues with the FPUA Board and Director of Utilities, system directors and leadership team on legal requirements, concerns, and provide guidance as to action to be taken.

Represents the FPUA Board and the FPUA before all courts and regulatory bodies, and must anticipate and minimize legal risks facing the FPUA Board and the FPUA.  Prepare, organize and present pleadings, affidavits, resolutions, motions, assignments, exhibits, applications, and other legal documents as necessary to suit requirements of cases or projects assigned.

Performs detailed legal research with WESTLAW, LexusNexis, or similar computer assisted legal research tool.  Compiles data from such references as databases, digests, practice manuals, or other sources.

Conducts investigations as requested by the FPUA Board or Director of Utilities.  Such investigations may include human resource issues, regulatory compliance, or operational matters.

Responsible for communicating effectively with Director of Utilities, system directors, leadership team, outside legal counsel, consultants, advisors to ensure successful completion of external and internal legal and regulatory project requests.

Works cooperatively with the FPUA Board and Director of Utilities, system directors and leadership team to provide legal research support and analysis for new ideas and concepts, to develop and implement plans, policies and procedures and provide direction in addressing legal and regulatory issues

Assists the FPUA Board, Director of Utilities and Director of Finance in the structuring and issuance of FPUA financing, including bonds, bank loans, and lines of credit.  Responsible for the preparation of legal materials for financing transactions, and serves as a member of the debt financing team.  Will coordinate on all municipal financial disclosure matters, and ensure compliance with applicable disclosure requirements, including through the oversight of outside bond and/or disclosure counsel

Must interact personally and regularly with the FPUA Board and Director of Utilities, leadership team and FPUA staff.

Participates in appropriate State and National organizations on behalf of FPUA.

ESSENTIAL MINIMUM EDUCATION AND EXPERIENCE

Must hold a Juris Doctor (J.D.) and be a duly licensed member of the Florida Bar in good standing.  Must have excellent analytical, communication, legal research, and writing skills.  Must possess at least 10 years of relevant experience as a practicing attorney and at least 5 years of Florida government matters. Florida Bar Board certification in City, County, and Local Government Law, or ability to achieve such certification within one (1) year. 

Where appropriate, a comparable amount of training and experience may be substituted for the minimum qualifications.

ESSENTIAL KNOWLEDGE, ABILITIES AND SKILLS

• Legal leadership experience through progressively responsible assignment representing Florida municipal and governmental matter to achieve strategic goals.
• Demonstrated ability to provide strategic, accurate, and reliable legal advice and recommendations.
• Superior analytical and legal writing skills, ability to present clear and practical legal position to an array of audiences.  Ability to work within a complex, matrix organization and as part of a team to complete projects.
• Able to perform legal work ethically and with the utmost professionalism.
• Must have the ability to communicate effectively verbally and in writing with the FPUA Board, Director of Utilities, staff, internal and external counsel, federal and state agencies, and other stakeholders.
• Ability to direct preparation of and present clear and comprehensive materials on policy and legal matters
• Ability to make sound decisions, evaluate risks, and solve problems under pressure.
• Considerable knowledge of management practices and methods and of operations of municipal electric, water, wastewater and natural gas utilities. 
• Considerable knowledge of the modern principles and practices of public or business administration.
• Ability to establish and maintain working relationships with FPUA Board, local government officials and staffs, other utilities, regional or joint action utility agencies, regulatory agencies, subordinates and the public.
• Ability to interpret regulatory requirements as applied to electric, water, wastewater, natural gas utilities, communication and other utility services to recommend potential compliance approaches.

NECESSARY SPECIAL REQUIREMENTS

Requires full flexibility to work extended hours as well as the ability to respond during non-working hours or emergencies.  A Valid Florida Driver’s License is required.

ESSENTIAL PHYSICAL SKILLS

Reasonable accommodations will be made for otherwise qualified individuals with a disability.  Temporary modifications to provide reasonable accommodations do not waive any essential functions of the job requirements.

ENVIRONMENTAL CONDITIONS