General Counsel (West Palm Beach)

General Counsel (West Palm Beach) – Palm Beach County Supervisor of Elections Office

Must be eligible to practice law in Florida and be an active member in good standing with the Florida Bar.

General Counsel Job Description

The General Counsel will provide direct, professional legal counsel and representation to the Supervisor of Elections, the Canvassing Board, and elections staff on legal matters affecting the office and the elections process. The General Counsel will be responsible for the 1-2 person Legal Department (non-lawyers, except for the GC) and oversee litigation and administrative law hearings, outside counsel, and ensure compliance with the election code and all other applicable laws, rules, ordinances, and Directives, Advisory Opinions and Attorney General Opinions applicable to the office’s operations.

The General Counsel will report directly to the Supervisor of Elections and be part of a group of directors and managers that advises the Supervisor and makes critical decisions about the office and about each election. He or she will also play a critical role in shepherding the organization through mindset shifts and structural changes to best serve its voters.

As with other senior management, the General Counsel will primarily work at the Main Office of the Supervisor of Elections in West Palm Beach, traveling to other sites as needed.

Qualifications Of the Ideal Candidate

• Knowledge of applicable federal, state, and local legislation, statutes, rules, and procedures, specifically including the Florida Election Code, Florida Sunshine Laws, Florida Public Records Law, Address Confidentiality Program, National Voter Registration Act, Uniform and Overseas Citizens Absentee Voting Act, and Help America Vote Act, as well as applicable case law, Directives, Advisory Opinions and Attorney General Opinions.
• Legal experience in election law, and in support of public officials including in the areas of the Florida Sunshine Law and the Florida Public Records Law.
• A proven record of effectively planning, organizing, and using resources and systems to provide top-notch legal services to an administration and governing body in a public agency ∙ Success leading effective teams and individuals, managing organizational change, and initiating key innovations.
• Experience with electronic legal research, legal matter management both in-house and utilizing outside counsel/of-counsel, and document management.
• Excellent written and verbal communication skills, including the ability to convey complex information to a variety of audiences (e.g., judges, elected officials, voters, candidates, large groups, staff meetings, executive briefings, public board meetings, memos).
• Strong analytic and systems thinking necessary to form strategies and adopt or recommend effective courses of action.
• Ability to maintain an apolitical mindset and outward presentation, and to provide politically neutral legal representation to ensure fair and lawful voting opportunities for all Palm Beach County voters and candidates.

Responsibilities

• Proactively advise and provide technical expertise, information, and assistance to the Supervisor and staff with legal implications, and in formulating and developing policies, procedures, and programs to support responsible legal management controls or corrective action.
• Direct the day-to-day operations and work processes of the Legal Department, including the preparation and rendering of legal opinions upon request, reviewing existing and pending legislation related to election administration, interpreting, applying and explaining rules, regulations policies and procedures to a variety of stakeholders, and maintaining accurate reports and documentation related to office legal matters.
• Lead the preparation of litigation and administrative law hearings, including the preparation of pleadings, trial, and appellate briefs, negotiations between parties, the conduct of trials and hearings at the level of original jurisdiction or on appeal, and other court appearances to effectively represent the interests of the office as directed by the Supervisor of Elections. When utilizing outside counsel/of-counsel, determine which professional(s) to engage, provide documents, identify necessary witnesses and establish factual evidence applicable, assist in preparing strategy of the case, assist in drafting reviewing and revising pleadings and other court documents, assist in providing discovery responses, assist with depositions and witness preparation, and attend court hearings.
• Spearhead the drafting of state legislation proposed by the Supervisor for presentation to the Florida State Legislature, and review, interpret and provide guidance on the impact of proposed legislation and agency rules.
• Provide Canvassing Board representation including attending all Canvassing Board meetings, researching and providing opinions on legality of ballots/envelopes, signatures and voter intent determinations, and researching and providing opinions on statutory and regulatory procedures and timelines.
• Provide contract drafting, review and revision including responding to requests from the Supervisor and staff, drafting revisions, communicating with third parties to resolve disagreements, determining existence of defaults, and initiating litigation as directed by the Supervisor.
• Answer Writs of Garnishment including determining employment status and drafting and filing Answers in the appropriate courts.
• Maintaining the office’s voter address confidentiality program (ACP) including corresponding and meeting with ACP program participants/enrollees, ensuring documentation is complete and providing the State with appropriately redacted documents, keeping participant information secure in a locked filing cabinet, ensuring that ACP participants are not