Employment Opportunity

General Counsel

OPEN/PROMOTIONAL OPPORTUNITY

September 1, 2022

Position Summary

The General Counsel is a contracted position reporting directly to and receiving instruction from the Board of Commissioners and Board of Directors (“Boards”), in the first instance, and then the Executive Director or designee (“ED”) and staff of HACSJ and DCDC. This is a single position class performing complex and highly responsible work in the legal management and oversight of HACSJ’s operations, programs, and affiliated entities/instrumentalities. This includes, but is not limited to, HACSJ’s Public Housing and Section 8 programs, participates in real estate acquisition, disposition and redevelopment activities, development activities, asset management, litigation management, contracting and public entity law and governance. The General Counsel is responsible for regularly exercising independent judgment, discretion and initiative within a general policy framework established by the Boards.

Ideal Candidate

Serves as the General Counsel to HACSJ, including but not limited to HACSJ’s Board of Commissioners, executive staff, and senior management. Provides oversight and guidance over all HACSJ strategic and tactical legal initiatives, programs, and services; and manages the work of the HACSJ’s contracted external counsels. HACSJ is an active affordable housing developer, and this position will also serve as General Counsel to the Board of Directors for HACSJ’s solely owned instrumentality, Delta Community Developers Corp., and its related development entities (collectively “DCDC”).

Salary

$180,000 to $222,000 DOE

Essential Job Functions HACSJ and DCDC

  • Serves as HACSJ’s legal counsel and advisor on all legal matters relating to HACSJ’s operations, programs, and activities. This includes, but is not limited to, the HACSJ’s Public Housing and Section 8 programs, real estate acquisition, unlawful detainers, asset management, litigation management, contracting and public entity law and governance.
  • Provides general legal advice to the Boards, Executive Director and staff including preparing, reviewing, and approving proposed resolutions and contracts for form and content. Write legal opinions covering a variety of legal issues and make recommendations regarding the resolution of such issues. Provide legal advice in the implementation of recommendations, as approved, and required.
  • Assumes responsibility for general corporate governance, including but not limited to maintaining, updating, and ensuring compliance with corporate formation documents and other related filings for the HACSJ, DCDC and its affiliated entities.
  • Reviews and assists with staff reports and develops proposed resolutions to the HACSJ’s Board of Commissioners and DCDC Directors’ Meetings.
  • Provides counsel at Boards’ meetings in conformance with the Brown Act and other applicable regulations.
  • Assumes responsibility for ensuring that the programs and activities of HACSJ are conducted in compliance with applicable laws, statutes, codes, and regulations.
  • Assists in response to HUD, Fair Housing, Public Record Requests (Cal PRA and FOIA), and other matters at the discretion of HACSJ and DCDC.
  • Recognizes potential and actual conflicts of interest under state and federal laws, rules, regulations, and programs and investigates the same up to and including resolution with appropriate sensitivity and use of external counsel and other resources where warranted.
  • Provides advice and legal services on “Labor & Employment Matters” to the ED, executive staff and/or Human Resources including preparing, reviewing, and approving proposed resolutions and contracts for form and content. Write legal opinions covering a variety of human resources legal issues and make recommendations regarding the resolution of such issues. Provide legal advice on the implementation of recommendations.
  • Provides legal advice and services to the Boards regarding Labor & Employment Matters.
  • Develops, coordinates, and executes policies, methods, and procedures relative to Labor & Employment Matters and processes of HACSJ and DCDC.
  • Provides legal review of proposed documents that may include but is not limited to Request for Proposals (“RFP”), Request for Qualifications (“RFQ”) and bargaining unit Memoranda of Understanding (“MOU”).
  • Evaluates the merits of court cases, regulatory inquiries, and other legal actions filed against or on behalf of HACSJ and DCDC; collaborates with the appropriate executives to define strategic positions and/or defenses; recommends settlements of disputes where warranted.
  • Participates in the development of HACSJ and DCDC policies, procedures, and related business documents.
  • Negotiates and drafts contracts, agreements, and settlements on behalf of the HACSJ and DCDC which are consistent with their interests, law, and relevant rules of professional responsibility.
  • Provides legal support on a broad variety of real estate and financing transactions.
  • Identifies, analyzes, and responds appropriately to risks which have legal implications that may adversely affect realization of the business objectives of HACSJ and DCDC; advises executives and managers regarding the legal aspects of their exposure to identified risks.
  • Collaborates with executive staff, managers, stakeholders, and external legal counsels, as appropriate, to identify and mitigate against legal risks, comply with state and federal laws, rules, and regulations, and adopt and improve policies, procedures, and practices.
  • Identifies needs and develops training programs and activities for the purpose of keeping executives, managers and staff informed of the latest changes in the law and developing best practices within the industry.
  • Develops a clearly understood framework for legal policies and practices.
  • Participates in the selection, retention, management, and evaluation of outside counsel in conformity with applicable state and federal procurement requirements.
  • Functions as an integral partner with the Boards and the senior leadership team of HACSJ and DCDC.
  • Performs related duties as assigned.

Additional Job Functions for Delta Community Developers Corp

Predevelopment Activities

  • Assists with drafting and negotiating general contractor agreements compliant with State and Federal rules for initial and construction phases. Form DCDC affiliated nonprofit corporations or limited liability companies to serve as managing general partners or special limited partners of affordable housing partnerships.
  • Assists in completion of funding applications and negotiation of related agreements.
  • Demonstrates knowledge of, and experience in, assisting with addressing land use issues such as tentative maps, lot line adjustments, title, etc., under California law and County of San Joaquin regulations.
  • Support that proposed structures reflect compliance with any HUD regulations and operating requirements and subsidy procedures.
  • Advises on project eligibility for State of California property tax exemption.
  • Assists with drafting and negotiating general contractor agreements compliant with State and Federal rules for initial and construction phases. Form DCDC affiliated nonprofit corporations or limited liability companies to serve as managing general partners or special limited partners of affordable housing partnerships.
  • Assists in completion of funding applications and negotiation of related agreements.
  • Demonstrates knowledge of, and experience in, assisting with addressing land use issues such as tentative maps, lot line adjustments, title, etc., under California law and County of San Joaquin regulations.
  • Support that proposed structures reflect compliance with any HUD regulations and operating requirements and subsidy procedures.
  • Advises on project eligibility for State of California property tax exemption.

Affordable Multi-family Housing

  • Assists with key documents between DCDC, nonprofit partners, other public agencies and conventional lenders and investors, as applicable, including:
    • HUD and HACSJ/DCDC regulatory and operating agreements.
    • Ground leases to partnerships.
  • Reviews and negotiates third party documents, including:
    • Private construction lender/bank loan documents, including loan agreements and notes.
    • Deeds of trust, security agreements, and completion and repayment guarantee.
    • State entity (such as CalHFA or CalHCD) loan documents.
    • City loan documents.
    • Loan documents for other financing sources such as Federal Home Loan Bank Affordable Housing Program (AHP) funds.
    • Environmental agreements.
    • Subordination agreements.
    • Required legal opinions.
    • Escrow instructions.
  • Reviews and assists in drafting HUD rental term sheets/mixed finance proposals.
  • Advises regarding consistency of provisions among various funding sources.
  • Advises on necessary DCDC actions, approvals, and provisions in any applicable HACSJ/DCDC plans.
  • Reviews and approves title insurance, performance bonds, etc.
  • Prepares or reviews exhibits to Mixed-Finance Amendments.
  • Negotiates document approvals with HUD, lenders, investors, etc.
  • Provides required legal opinions to HUD in connection with evidentiary; and
  • Participates in acquisition, construction, and permanent closings, ensure correct execution and recordation of evidentiary.

Required Future Knowledge and Abilities

  1. Knowledge of the purposes, policies, and regulations of the HACSJ.
  2. Ability to understand, act on, and interpret policies, regulations, and procedures as set forth by the HACSJ’s Public Housing Agency (PHA) Plans and HUD.
  3. Knowledge of the local, state, and federal laws governing public and other subsidized housing programs including resident selections, landlord/resident regulations, leasing of property and evictions. 
  4. Knowledge of social trends and economic conditions and their application to overall community service programs, and knowledge of the sources and availability of information relating to social services with the ability to secure the confidence and cooperation of other public agencies.
  5. Ability to plan, organize, and develop a wide variety of operational and management programs and procedures. Ability to establish, monitors, and achieve objectives through skillful delegation of duties.
  1. Ability to orient and evaluate other workers and explain organizational policies, rules, regulations, and procedures. Ability to evaluate performance of subordinates accurately, correct deficiencies, guide, replace, and re-assign personnel.
  2. Ability to assist in planning, promoting, and evaluating housing and housing-related programs, and participates with the executive staff in preparation of management plans. Ability to prepare and present ideas in a clear and concise manner, both orally and in writing.
  3. Ability to establish and maintain effective working relationships with co-workers, vendors, consultants, contractors, residents, HUD, and local, state, and federal officials. Ability to communicate with people from a broad range of socio-economic backgrounds.

Behavioral Competencies

Client Services – Provides timely, courteous, and quality service to an individual whether internal or external by anticipating individual needs, following through on commitments, and ensuring that our clients have been heard.

Initiative – Proactively seeks solutions to resolve unexpected challenges. Actively assists others without formal/informal direction. Possesses the capacity to learn and actively seeks developmental feedback. Applies feedback for continued growth by mastering concepts needed to perform work.

Professional Behavior – Exhibits positive, polite, courteous, honest, and conscientious behavior with all internal/external clients. Accepts responsibility for actions and adjusts behavior as appropriate.

Communication – General Counsel is to communicate in a clear, concise, and organized manner in all facets to fully transfer understanding. Actively listens and ability to adapt messaging. Strives to communicate information with appropriate personnel in a timely manner.

Teamwork – Actively and collaboratively participates, despite personal differences, towards a common goal. General Counsel is open to innovative ideas and/or approaches. General Counsel is aware of changes that impact internal and external customers and effectively communicates the impact when working as a team.

Integrity – General Counsel is honest with oneself, co-workers, and clients. Stands up for what is right even in the face of opposition.

Safety Awareness – General Counsel is cognizant of his/her surroundings. Follows proper safety procedures and considers the safety of self and others. Identifies, communicates, and assists in the correction of any safety concerns where appropriate.

Reliability & Judgment – General Counsel demonstrates sound reasoning and critical thinking by making decisions in line with established expectations. Performs work in a reliable manner that is both accurate and timely.

Minimum Education, Training and/or Experience Additional Requirements

  1. A Juris Doctor degree from an accredited American Bar Association School of law.
  2. License to practice law in the State of California.
  3. Five (5) years legal experience.
  4. Admission or eligibility for admission to practice in California’s federal courts.
  5. Must possess and maintain a California Driver’s License with a driving record acceptable to HACSJ’s insurer.

To Apply

Download, complete and submit the Housing Authority Job Application to the information below:

Human Resources Department
C\O Nancy Glossa
2575 Grand Canal Blvd. Suite 200
Stockton, CA 95207
Desk: 209-460-5017
Fax: 209-460-5117
nglossa@hacsj.org

For more information about HACSJ Job Opportunities, refer to our Employment Opportunities page.

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