CITY OF OVERLAND PARK - POSITION DESCRIPTION

Prepares and prosecutes municipal court cases. Appears in court on behalf of the City. Negotiates and prepares contracts. Conducts legal research. Provides legal advice to City staff, elected officials and others. Drafts City ordinances, resolutions, administrative policies and other legal documents. Testifies concerning legislative matters. May serve as Acting City Attorney in the City Attorney's absence. Performs other duties as assigned.

DUTIES AND RESPONSIBILITIES:

Performs duties as assigned in both the Prosecution and Civil divisions of the Law Department. Work is divided between both divisions as equally as possible.

Review complaints. Reads, researches, and discusses case details as required.

Identifies legal issues, conducts legal research and provides legal advice. Communicates with staff, elected officials, public and others to gather necessary facts. Locates source materials; reads and analyzes cases; prepares and provides a written memorandum, pleading or brief setting forth legal analysis. Communicates the legal analysis to the appropriate party. Attends Council, standing Committee and other City meetings as required.

Prepares cases for prosecution. Reviews reports, conducts legal research as appropriate, prepares witnesses for trial. Witnesses include civilians and law enforcement.

Prosecutes de novo appeals to the Johnson County District Court and appeals to the Kansas Court of Appeals and appeals to the Kansas Supreme Court. Communicates with judges, witnesses, juries and opposing counsel so that the City's position is clearly understood. Prepares all exhibits and conducts jury selection, opening statement, cross and direct examinations and closing arguments.

Counsels, advises and trains staff on legal topics, including training police officers and code enforcement officers on issues related to municipal court prosecution.

Implements the City's policy concerning DUI diversion. Reviews and maintains familiarity with all statutory requirements concerning diversion of criminal cases in the Municipal Court.

Develops and maintains Public Information Programs. May research, write, distribute and promote programs discussing the criminal justice system.

Assigns work duties to the support staff as needed. Advises the Legal Support Administrator as to the staff's performance.

Conducts plea negotiations with defendants and defense attorneys. Enforces Law Department plea policies.

Negotiates and prepares City contracts. Determines specifications, considerations and contract issues through contact with staff, elected officials and others. Reviews supporting documentation. Meets as appropriate with contracting entities to establish positions, negotiate issues and considerations. Prepares correspondence and other documents concerning contract terms. Drafts, prepares, reviews and approves final contract documents as to form.

Drafts City ordinances, resolutions, administrative policies, and other legal documents. Communicates with staff, elected officials, public and others to determine needs, limitations or provisions of said documents. Prepares memoranda and correspondence related to said documents; presents analysis of proposed documents; and reviews final documents as to form.

Receives and reviews claims and lawsuits filed against the City. Appears in court on behalf of the City. Communicates with judge, witnesses, jury and opposing counsel so that City's position is clearly understood and accurately recorded by the court reporter. Reads evidentiary documents, jury selection lists and jury instructions. Observes physical sites and demonstrative evidence. Coordinates with outside counsel.

Testifies concerning legislative matters. Researches and prepares written testimony and legislation. Presents testimony to legislative committees.

Works the days and hours necessary to perform all assigned responsibilities and tasks. Is available (especially during regular business hours or shifts) to communicate with subordinates, supervisors, staff, elected officials, court, opposing counsel and any other persons or organization with whom interaction is required to accomplish work and employer goals.

Is punctual and timely in meeting all requirements of performance, including, but not limited to, attendance standards and work deadlines; beginning and ending assignments on time; and scheduled work breaks, where applicable.

Performs other job duties as assigned.

GENERAL QUALIFICATIONS

EDUCATION & SPECIAL LICENSE(S)/CERTIFICATIONS:

Juris Doctor Degree from an accredited law school and membership in the bars of the Kansas State Courts, the Federal District Court for the District of Kansas and the U.S. Court of Appeals, Tenth Circuit.

Membership in the State Bar of Kansas.

Admission to the US District Court of Appeals,10th Circuit and US District Court for Kansas.

Access to the Kansas Criminal Justice Information System (KCJIS) may be required, so the following KCJIS requirements apply: must be at least 18 years of age; must not have been convicted of a felony; must not have been convicted of a serious misdemeanor; and must not have an arrest history the nature and severity of which warrant disqualification.

EXPERIENCE:

One to three years of legal work in governmental law, criminal prosecution, trial practice, municipal government, or an equivalent level of experience.

SKILLS:

Excellent oral and written communication skills.

Legal research skills.

PC skills.

Analytical skills.

MENTAL REQUIREMENT:

Ability to read and comprehend statutes, case law, ordinances, legal reference materials, and legal correspondence.

Ability to analyze legal issues.

Ability to write perceptively, coherently, thoroughly, and succinctly.

Ability to recognize and protect confidential data.

Ability to make presentations to large and small groups.

Ability to empathize with crime victims.

Ability to work in a hectic environment.

Ability to deal with constant interaction with others.

Ability to communicate effectively with staff, elected officials and others.

Ability to argue orally.

Ability to evaluate positions and to negotiate.

Ability to understand the legislative process and the elements necessary to enact a constitutional and otherwise unassailable law.

PHYSICAL REQUIREMENTS:

Ability to travel and attend courtroom proceedings, physical sites, and legislative sessions.

Ability to meet/consult with judges, witnesses, jury members, opposing counsel, staff, elected officials, public, and others.

Ability to operate and input data into a personal computer and other relevant technology.

Ability to place and receive telephone calls.

Ability to sit and be attentive for extended periods of time.

Ability to conduct/attend intense and lengthy negotiation sessions.

SUPERVISORY RESPONSIBILITY (Direct & Indirect):

 None.

The preceding job description has been designed to indicate the general nature and level of work performed by employees within this classification. It is not designed to contain or be interpreted as a comprehensive inventory of all duties, responsibilities, and qualifications required of employees assigned to this job.