Position Title: Chief Counsel II
Department: DEPARTMENT OF EDUCATION
Final Filing Date: Thursday, August 7, 2014
Bulletin ID: 07212014_5


The Above-Named Examination Bulletin is Amended as Follows:

The Statement of Qualifications should not exceed three pages in length with a minimum font size of 12 pitch.

DEPARTMENT OF EDUCATION
CAREER EXECUTIVE ASSIGNMENT
EXAMINATION ANNOUNCEMENT

The State of California is an equal opportunity employer to all, regardless of age, ancestry, color, disability (mental and physical), exercising the right to family care and medical leave, gender, gender expression, gender identity, genetic information, marital status, medical condition, military or veteran status, national origin, political affiliation, race, religious creed, sex (includes pregnancy, childbirth, breastfeeding and related medical conditions), and sexual orientation. It is an objective of the State of California to achieve a drug-free work place. Any applicant for state employment will be expected to behave in accordance with this objective because the use of illegal drugs is inconsistent with the law of the State, the rules governing Civil Service, and the special trust placed in public servants.

DEPARTMENT: DEPARTMENT OF EDUCATION RELEASE DATE: Friday, July 25, 2014
POSITION TITLE: Chief Counsel II FINAL FILING DATE: Thursday, August 7, 2014
CEA LEVEL: Chief Counsel II, C.E.A. (5873) EXTENDED FINAL FILING DATE:
SALARY RANGE: $ 9,824.00 - $11,377.00 / Month BULLETIN ID: 07212014_5

POSITION DESCRIPTION
By law, the California Department of Education (CDE), independent of the rest of the Executive Branch of California state government, is responsible for the administration of the State K-12 public education system. Its chief administrative officer is the State Superintendent of Public Instruction (SSPI), a statewide elected constitutional officer (California Constitution, Article IX, Section 2). Its policy board is the constitutionally established State Board of Education (California Constitution, Article IX, Section 7). The subject position is the chief legal officer of the California Department of Education. Under administrative direction from the Deputy Superintendent/General Counsel, the Chief Counsel II manages and administers the Legal Division.

The Legal Division is responsible for the Department’s legal program, including its litigation. The Chief Counsel II is partly responsible for the coordination, direction, and priority setting of all litigation and legal workload including all matters handled by all Staff Counsel IV’s; directing the application of departmental policy to litigation and administrative hearings; independently determining tactical approaches to such hearings and litigation; directing the preparation of legislation, regulations, legal advisories and opinions; and analyzing federal and state legislation and appellate court decisions for their impact on educational programs throughout California. The Legal Division is responsible for the independent and impartial appraisal of the Department’s operations and controls, and its external audit response.

The mission of the Legal Division is to provide timely, thorough legal advice and representation to the Superintendent of Public Instruction, California Department of Education, and State Board of Education, in furtherance of their official duties and public policy goals.

MINIMUM QUALIFICATIONS
Membership in The State Bar of California. (Applicants must have active membership in The State Bar before they will be eligible for appointment.) and

Either I One year of experience in the California state service performing legal duties* at a level of responsibility equivalent to Assistant Chief Counsel. Or II Two years of experience in the California state service performing legal duties* at a level of responsibility equivalent to Staff Counsel, Range D; and Current employment in a class at a level equivalent to that of Senior Staff Counsel (Specialist) or (Supervisor). Or III One year of experience in the California state service performing legal duties* at a level of responsibility equivalent to Senior Staff Counsel (Specialist) or (Supervisor). Or IV Broad and extensive experience (more than five years) in the practice of law*. (Experience in California state service applied toward this requirement must include the same number of years of qualifying experience as required in Patterns I, II or III above performing the duties of a class at a level of responsibility equivalent to that described in Patterns I, II, or III.)

*Experience in the "practice of law" or "performing legal duties" is defined as only that legal experience acquired after admission to The Bar.

KNOWLEDGE AND ABILITIES
Knowledge of: Legal principles and their applications; legal research methods, court procedures, rules of evidence and procedure; administrative law and the conduct of proceedings before administrative bodies; provisions of laws and Government Code sections administered or enforced; principles of public administration, personnel management and supervision; the department's affirmative action program objectives; a manager's role in the affirmative action program and the processes available to meet affirmative action objectives.

Ability to: Analyze legal principles and precedents and apply them to complex legal and administrative problems; present statements of fact, law and argument clearly and logically in written and oral form; draft opinions, pleadings, rulings, regulations and legislation; hold hearings and independently present difficult and complex cases in court; plan, organize and direct the work of a staff of attorneys; effectively contribute to the department's affirmative action objectives.

DESIRABLE QUALIFICATION(S)
1. Direct administrative or supervisory experience planning, organizing and directing the work of legal and administrative staff.

2. Staff development, team building and providing technical assistance to a diverse and complex constituency.

3. Familiarity with new federal and state legislation and implementation efforts to date.

4. Familiarity with the role and working practice of local school boards.

5. Expertise in K – 12 legal and legislative issues, litigation and managerial principles.

EXAMINATION INFORMATION
A minimum rating of 70% must be attained to obtain list eligibility. Hiring interviews may be conducted with the most qualified candidates. All candidates will receive written notification of their examination results. The result of this examination will be used only to fill the position of Chief Counsel II, with the DEPARTMENT OF EDUCATION. Applications will be retained for twelve months.

The Results of this examination will be used only to fill this position.

The examination process will consist of an application, resume, and Statement of Qualifications evaluation. The Statement of Qualifications will be used to evaluate your education and experience as it relates to the “Desirable Qualifications” listed on page 2, and may also serve as documentation of each candidate’s ability to present information clearly and concisely in writing since this is a critical factor to successful job performance. The Statement of Qualifications may be the only basis for your final score and rank on the eligible list. To obtain list eligibility, a passing score of 70% must be obtained. All applicants will be notified of the results.

Interviews may be conducted as part of the examination process. (Hiring interviews may be conducted with only the most qualified candidates if it is determined necessary in order to make a selection.)

FILING INSTRUCTIONS

Interested applicants must submit:

Applications must be submitted by the final filing date to:

DEPARTMENT OF EDUCATION, Personnel Services Division, Selection Services Office
1430 N Street, Room 1802, Sacramento, CA 95814
Lynne Alex | 916-319-0688 | lalex@cde.ca.gov

ADDITIONAL INFORMATION
APPLICATIONS, RESUMES AND STATEMENT OF QUALIFICATIONS MUST BE RECEIVED BEFORE 5:00 P.M. ON THE FINAL FILING DATE 08/07/2014.

SPECIAL TESTING
If you have a disability and need special testing arrangements, mark the appropriate box in Part 2 of the "Examination Application." You will be contacted to make specific arrangements.

GENERAL INFORMATION
If you meet the requirements stated in this bulletin, you may take this examination, which is competitive. Possession of the entrance requirements does not assure a place on the eligible list. Your performance in the examination described on this bulletin will be compared with the performance of others who take this test, and all candidates who pass will be ranked according to their scores.

The DEPARTMENT OF EDUCATION reserves the right to revise the examination plan to better meet the needs of the service if the circumstances under which this examination was planned change. Such revision will be in accordance with civil service law and rules and all competitors will be notified.

General Qualifications: Candidates must possess essential personal qualifications including integrity, initiative, dependability, good judgment, and ability to work cooperatively with others.

California Relay (Telephone) Service for the Deaf or Hearing Impaired: From TDD phones: (800) 735-2929, from voice phones: (800) 735-2922

Class specs:  http://www.dpa.ca.gov/textdocs/specs/s5/s5871.txt