11/03

City of San José

LEGAL ANALYST II (2120)

LEGAL ANALYST II PT (2118)

 CLASS CODE: 2120/2118    
DEPARTMENT:

City Attorney 		ACCOUNTABLE TO:

Varies

 FLSA STATUS:

Non-exempt

CLASS SUMMARY

   This position typically reports to the Sr. Legal Analyst and/or Legal Services Manager in the Office of the City Attorney. Performs a variety of paraprofessional legal duties and/or performs work of a high degree of difficulty in the investigation, evaluation and negotiation of liability claims against the City and Redevelopment Agency, and provides support services for transactional and/or litigation attorneys. Performs related work as required.

DISTINGUISHING CHARACTERISTICS

   This is the fully operational position in the Legal Analyst series where paraprofessional legal duties and/or claim investigation work performed are/is of a high degree of difficulty. Incumbents in this class work with greater independence. This class differs from that of the Associate Legal Analyst in that incumbents of the latter class are assigned work of the simplest degree of difficulty under close supervision. This class differs from that of Legal Analyst I in that incumbents of the latter class perform work of moderate difficulty under closer supervision. This class differs from that of Senior Legal Analyst in that incumbents of the latter class perform paraprofessional legal duties and/or claims investigation work of the most complex nature and serve as supervisors.

QUALIFICATIONS

   (These qualifications are typically required. An equivalent combination of education, experience, knowledge, skills, and abilities sufficient to satisfactorily perform the duties of the job may be substituted.)

Education and Experience

   Successful completion of a Baccalaureate Degree from an accredited college or university and six years of increasingly responsible investigations or paralegal experience, of which three years is at a level comparable to a Legal Analyst I with the City of San Jose.

   Additional years of increasingly responsible investigations or paralegal work experience may be substituted for up to two years of the education requirement on a year for year basis.

   Completion of a Paralegal program, including possession of a Paralegal certificate, may be substituted for one year of the required experience or education requirement.

Licensing Requirements (such as driver’s license, certifications, etc.)

· Possession of a valid California Driver's License.


Minimum Knowledge, Skills and Abilities (position requirements at entry and depending on area of assignment):

· Knowledge of legal terminology, principles and practices.

· Knowledge of civil litigation practice and procedure including government tort claims.

· Knowledge of the rules governing state and federal court practice and procedure.

· Knowledge of basic workers’ compensation practice and procedures.

· Knowledge of report writing techniques and the principles of editing and proofreading.

· Knowledge of City and Agency departments, programs, and services, for obtaining information, materials and documentation.

· Knowledge of basic methods and techniques of investigation for liability incidents, and of the preparation and presentation of evidence in court cases.

· Knowledge of policies, procedures and the role of the Office of the City Attorney and General Counsel.

· Ability to organize and summarize a wide variety of material and information.

· Ability to review, draft and edit correspondence, reports, pleadings, and discovery.

· Ability to review, draft and edit a variety of contracts, loan and bid documents, resolutions and other legal documents.

· Ability to gather, develop and analyze all types of evidence.

· Ability to evaluate liability for claims of moderate difficulty, assess damages and effectively negotiate a settlement within authorized limits.

· Ability to perform legal research and present findings in a clear and concise manner.

· Ability to communicate effectively and clearly, both orally and in writing.

· Ability to organize and prioritize workload.

· Ability to understand and follow written and oral directions.

· Ability to work well with all levels of employees, management, and the public.

· Ability to use law office software programs.

· Ability to perform AOE/COE investigations.

· Ability to conduct subrosa assignments.

Desirable Qualifications (likely to contribute to more successful job performance; can often be learned on the job):

· Thorough knowledge of the San Jose Municipal Code and City Charter.

· Knowledge of typical cases and claims against the City and Agency and types of evidence needed for adequate defense.

· Knowledge of the California Tort Claims Act.

· Ability to draft complex pleadings, and discovery.

· Ability to review, edit and draft complex contracts, loan and bid documents and other legal instruments.

· Ability to analyze, interpret and apply any applicable codes, laws, ordinances and statutes.

· Ability to conduct investigations with minimal supervision, including workers’ compensation fact finding and fraud investigations.

· Knowledge of photography, still and video.

· Ability to perform legal research using the various reference materials available within a Law Library, including computer research software.

DUTY

NO.		 TYPICAL CLASS ESSENTIAL DUTIES: (These duties and estimated frequency are a representative sample; position assignments may vary depending on the business needs of the department.) Duties may include, but are not limited to, the following:

FREQUENCY
1. Drafts various pleadings and complex discovery documents. Daily
2. Participates in and coordinates the collection, analysis, organization and summarization of a wide variety of information, materials, documents, reports and evidence. Daily
3. Investigates and evaluates claims and potential claims against the City and Redevelopment Agency for damage and/or injury relating to auto and general liability. Daily
4. Negotiates claims with insurance carriers, opposing counsel, and claimants in settling claims within prescribed limits. Daily
5. Assists in the preparation of simple pleadings and other legal documents associated with workers’ compensation claims against the City and participates in the investigation of these claims, including both fact finding and fraud investigations.

 Daily
6. Represents the City and testifies in small claims court.  As Required
7. Performs other tasks related to claims, investigation and litigation, including preparation of trial exhibits and service of subpoenas. Daily
8. Performs legal research. Daily
9. Participates in the drafting, review, proofreading and editing of resolutions, contracts, leases, loan documents, permits, public bid and construction documents, and other legal documents and instruments. Daily
10. Tracks and monitors Redevelopment Agency projects. Daily
11. Attends and participates in departmental meetings concerning the City Council and Redevelopment Agency Board agenda review process. Daily
12. Maintains and updates Office Law Library and other research materials. Daily
13. Responds to citizen complaints and inquiries. Daily
14. Performs other duties of a similar nature or level. As Required

PHYSICAL REQUIREMENTS:

  Climbing X Kneeling   Crawling
  Balancing X Lifting X Reaching
X Stooping X Fingering X Standing
X Talking X Grasping X Walking
X Hearing X Feeling X Pushing
X Crouching        

 

 

 


Depending on the position assignment, the physical requirements may be either sedentary or light.

Sedentary Work: Exerting up to 10 pounds of force occasionally and/or a negligible amount of force frequently or constantly to lift, carry, push, pull or otherwise move objects, including the human body. Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are required only occasionally and all other sedentary criteria are met.

Light Work: Exerting up to 20 pounds of force occasionally, and/or up to 10 pounds of force frequently, and/or a negligible amount of force constantly to move objects. If the use of arm and/or leg controls requires exertion of forces greater than that for Sedentary Work and the worker sits most of the time, the job is rated for Light Work.

CLASSIFICATION HISTORY

(Formerly Legal Assistant II); (1/25/91), (P/T class added 8/92), (Rev. & Ret. 1/15/98).

(Formerly Litigation Analyst II); (1/17/91), (Rev. & Ret. 1/15/98).

(Formerly Legal Assistant II); (Ret. 1/98).

2120s002 (10/02); 2120s003 (9/03) Add part-time Legal Analyst II (2118)

Revised 11/03; s004