Assistant General Counsel

SUMMARY

To Assist in the work of the GTB Legal Department. The Department represents a Tribal Council that has the combined executive and legislative authority under the Tribal Constitution, therefore, the legal work primarily ranges across administrative law, federal Indian law and development of tribal law. Such work would include litigation in tribal, state, and federal courts, as well as research, code development and negotiations on behalf of the Tribe, as directed by Tribal Council.

MINIMUM QUALIFICATIONS

• J.D. from an accredited law school required and Michigan State Bar license.
• At least eight (8) years of practicing law in Michigan and in Indian Country.
• Must have participated as the principal attorney, or assistant to the principal attorney, in litigation that resulted in published opinion in federal, state or tribal court. Indian law litigation preferred.
• Must have a valid unrestricted Driver's license and be insurable by the GTB insurance carrier.

ESSENTIAL DUTIES AND RESPONSIBILITIES

• Draft resolutions, motions and ordinances for tribal law, executive and legislation acts of the Tribal Council.
• Advice and memoranda services related to regulatory, environmental law, tribal law, civil works planning, federal procurement law, non-contractual or contractual claims, personnel and discrimination law, and litigation matters.
• Reviews, analyzes and furnishes legal advice on Tribal executive regulatory action and decisions.
• Interprets regulations, laws and policies from federal, state and tribal sources.
• Reviews draft documents, analyzes factual situations, and reviews agreements and contracts.
• Prepares tribal submission in federally defined areas such as fee-to-trust, Annual Funding Agreements, Indian Housing Plans, Road inventories, Low Income Housing Tax Credits submissions to applicable federal agencies. Assist in the development of GTB procedures on federal submissions under the CARES Act (2020), American Rescue Plan (ARP) (2021), Bipartisan Infrastructure Law (2021) (BIL) and Inflation Reduction Act (IRA) 2022 and line item federal omnibus appropriation acts.
• Participates in public hearings representing the Tribal Council in both its legislative and executive capacity.
• Recommends litigation actions; participates and/or advises in alternative dispute resolution.
• Prepares litigation reports, as directed by the General Counsel, to assist the Tribal Council in all aspects of federal court litigation and defense actions involving the tribe.
• Negotiates with federal, state, or local officials to resolve regulatory disagreements, as directed by the General Counsel.
• Provides legal advice and performs the full scope of legal services associated with civil works planning, design, construction, operation, and maintenance, as directed by the General Counsel.
• Reviews civil works project documents and provides advice regarding adherence to governing laws, including but not limited to environmental laws, hazardous/toxic materials requirements, project authorization, cost sharing and other fiscal laws, and non-federal cooperation requirements, as directed by the General Counsel.
• Identifies potential conflicts and issues; conducts necessary legal research and recommends solutions.
• May attend public meetings, participate in the Alternative dispute resolution (ADR) process, and negotiate with other federal, state, tribal, or local officials to resolve legal issues, as directed by the General Counsel.
• Provides legal advice and performs the full scope of legal services associated with Tribal procurement activities, as directed by the General Counsel.
• Ability to understand small to extremely large construction process documents and associated construction arbitration process if necessary.
• Reviews, analyzes, and advises on contractual disputes, claims, appeals, and litigation, as directed by the General Counsel.
• Ability to understand grant accounting, fund accounting, financial accounting for enterprises and to translate accounting standards, GAAP and GAAS rules into Executive and Legislative functions of the Tribal Council.
• Ability to interpret GAAP and GAAS into appropriate Council action consistent with the accounting rules.
• Ability to understand investment theory, investment account management and to advise and draft appropriate investment documents for Council Executive action.
• Provides legal advise for all domestic assistance programs in federal law particularly COVID-19 related federally enacted statutory opportunities, CARES Act (2020), American Rescue Plan (ARP) (2021-2022), Bipartisan Infrastructure Law (2022), and Inflation Reduction Act (2022) opportunities.
• Provides legal advice for statutorily based tribal authority in the Indian Gaming Regulatory Act (IGRA), Indian Child Welfare Act (ICWA), Indian Law Enforcement Reform (ILER), Native American Graves Protection and Repatriation Act (NAGPRA), Indian Child Protection and Family Violence Protection Act (ICPFVP), Indian Education Programs related programs (Higher Ed., Title 6 and Impact Aid), Native American Housing Assistance and Self Determination Act (NAHASDA), Indian Health Care (IGC) and Indian Self-Determination and Education Assistance Act (ISDEA).
• Monitor federal legislative and implementation of federal regulations that impact Indians Tribes.
• Serves as trial attorney.
• Analyzes and advises on contract performance or termination problems, as directed by the General Counsel.
• Provides legal support for post-contract actions such as architect-engineer responsibility or warranty actions, as directed by the General Counsel.
• Advises Tribal Council on matters of personnel and discrimination law, as directed by the General Counsel.
• Prepares pleadings, interviews, and selects witnesses, prepares witnesses, conducts direct and cross examination, research and briefs legal issues.
• Provides legal support to the Tribal Council in various areas of general law, including tort claims, Native American law, Great Lakes law (including removal of sunken vessels, wetlands restoration), Freedom of Information Act, Privacy Act, fiscal law, taxation, and reports of survey, as directed by the General Counsel.
• Represents the department and the tribe at meetings that relate to Department programs, as directed by the General Counsel.
• Prepares fee to trust applications.

OTHER SKILLS AND ABILITIES

• Use of Microsoft Office, Professional, Word, Excel, Outlook and PowerPoint Westlaw, Lexis, and other legal software, Adobe for litigation and other computer software.
• Duties, responsibilities, requirements, and expectations pertaining to this job are subject to change as needed.
• Advanced knowledge of applicable law, regulations, rules, procedures, and administration is required.
• Advanced proficiency in computers, including Microsoft Office products and database applications, e-mail, and Internet.
• Excellent verbal and written communication skills.
• Excellent interpersonal skills with demonstrated patience, tact, and respect.
• Exceptional detail and follow-up skills.
• Able to effectively establish priorities and meet deadlines.
• Acceptable background and employment history investigation results.
• Current driver's license and an acceptable driving record.
• Other duties as directed or assigned.

SUPERVISORY RESPONSIBILITIES

None

EDUCATION and/or EXPERIENCE

J.D. from an accredited law school required and admittance into the Michigan State Bar to practice law; and at least eight (8) years of practicing law in Michigan and in Indian Country.

EQUIPMENT TO BE USED

Computer, copier, fax machine, and phone.

TYPICAL PHYSICAL DEMANDS

While performing the duties of this job, the employee is regularly required to talk or listen. The employee is frequently required to sit. The employee is occasionally required to stand and walk. The employee must occasionally lift and/or move up to 25 pounds.

TYPICAL MENTAL DEMANDS

Must be able to deal effectively with employees, court personnel, and consultants at all levels.

WORKING CONDITIONS

Work is performed in an office setting. Some travel may be required.

COMMENTS

Native American Preference will apply. Must be willing and pass a background investigation and a drug and alcohol urinalysis as a condition of employment. Extreme confidentiality must always adhere to due to access of such private and personal client information. No past or existing disciplinary actions in the State Bar.

The above statements are intended to describe the general nature and level of work performed by people assigned to this classification. They are not intended to be construed as an exhaustive list of all responsibilities, duties and skills required of personnel so classified. Management retains the right to add or to change the duties of the position at any time Any qualifications to be considered as equivalents in lieu of stated minimums require prior approval of the Director of Human Resources.

Current Openings for Assistant General Counsel Jobs at Grand Traverse Band of Ottawa and Chippewa Indians