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Attorney 2

Posting Begin Date: 2024/11/22
Posting End Date: 2024/12/13
Category: Legal
Sub Category: Attorney
Work Type: Full Time
Location: Boise, ID, United States
Minimum Salary: 50.00
Maximum Salary: 50.00
Pay Rate Type: Hourly

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Description

The Idaho Department of Lands (IDL) has one (1) opening for an Attorney.

This is a classified, full-time, benefited position which may be located at our Director’s Office in Boise, Idaho or in our Coeur d’Alene Staff Office in Coeur d’Alene, Idaho.

Salary Range is $50.00/hour +DOE and includes a competitive benefits package.

This position is classified as an Attorney within the Department of Lands (IDL) reporting to the General Counsel. IDL seeks talented people committed to delivering our land management, regulatory, and assistance missions and preparing IDL for future natural resource challenges.

The incumbents assist the General Counsel, Director, Deputy Director, Division Administrators and Department staff with legal analysis, advice, recommendations, transactions, administrative proceedings, and litigation.

IDL is the administrative arm of the Land Board and, under Land Board direction, delivers results to achieve a two-part mission:

To professionally and prudently manage Idaho’s endowment assets to maximize long-term financial returns to public schools and other trust beneficiaries and to provide professional assistance to the citizens of Idaho to use, protect and sustain their natural resources.

Attorneys on the IDL legal team can expect to work on real estate transactions, advisory tasks, administrative proceedings, and litigation across a wide range of natural resource and land management topics including endowment land management plus various regulatory and assistance activities. You will work directly with IDL staff with natural resource and real estate expertise, a commitment to results, and passion for their work.

You must possess all the minimum qualifications below. Please make sure your resume and work history support this. Failure to do so may disqualify you from being considered for this position.

Minimum Qualifications:

Current member in good standing of the Idaho State Bar.

Knowledge of trial procedure and rules of evidence.

Good knowledge of principles and practices of common law.

Desired Qualifications:

Considerable knowledge of Idaho real estate and property law.

Strong analytical and research skills.

Effective communication skills to explain complex legal concepts to client.

Special Requirements:

  • Travel up to 20%.
  • Occasional long shifts and weekend work.
  • Valid Driver’s License.

Examples of Duties (with guidance from the Lead Counsel):

It is anticipated that this position will largely be focused on real estate, transactional, administrative, and advisory matters. However, this position may be requested to represent or assist other members of the IDL legal team in representing the Department in litigation and perform other duties as assigned.

Real Estate and Transactional

· Advise the Department and Department staff regarding proposed real estate transactions including advising counseling the Department on implications of transaction, potential risks, and potential mitigation strategies.

· Review and advise of adequacy of financial assurance for various uses of land managed by the Department.

· Draft and review purchase and sale agreements, leases, closing documents, easements, and other property transaction documents.

· Conduct title examination to confirm ownership and identify any liens, easements, or other encumbrances impacting a property

· Assist in conducting due diligence by performing thorough research on property detail including zoning regulations, environmental concerns, encumbrances, etc.

· Draft and review conservation easements.

· Review and approve title documents

· Represent or assist other IDL attorneys in representing the Department in real estate disputes, including informal negotiation, meditation, and litigation.

Administrative and Advisory

  • Provides authoritative legal advice to Department management and staff related to technical and administrative issues.
  • Represent the Department in administrative proceedings.
  • Advise Executive Staff responsible for issuing final orders in administrative proceedings.
  • Reviews and recommend changes to rule, policy or procedure for conformity with law.
  • Drafts proposed legislation and Department rules.
  • Conduct extensive research.
  • Draft contracts and leases and review such documents for legality and adequacy.
  • Negotiate with state and federal agencies, private individuals and organizations in non-litigation settings.
  • May respond to inquiries from media and review statements to be released to the press.
  • May provide training to Department staff or others in legal and procedural issues relating to the Department’s work.

Case Preparation and Litigation

  • Analyzes and determines Department’s legal strategy in cases to ensure effective and successful negotiation and litigation.
  • Drafts pleadings, briefs and legal arguments.
  • Conduct discovery including taking depositions.
  • Conducts sensitive negotiations with other attorneys and their clients.
  • Interview, select, and prepares witnesses including experts for administrative hearing or trial.
  • Argues motions and participate in pre-trial or pre-hearing conferences.
  • Conducts direct and cross-examination and oral argument in proceedings before appropriate jurisdictional body, which may include jury trials.
  • Reviews record and prepares briefs and oral argument in appeals to Supreme Court or other appellate body.
  • Prepare memoranda analyzing factual and legal issues and draft decisions in proceedings before the Department.

Supplemental Information:

During the 2025 Legislative Session, the Department intends to request legislation to require the Department employees in the classification of Attorney to be non-classified. The change to the appointment type would be effective June 2025. “Non-classified employee” means any person appointed to or holding a position in any department of the state of Idaho, which position is exempted from the merit provisions of section 67-5309(e), (f), (g), (j), (m), (o), (p), (w), and (x), Idaho Code. Idaho statute 59-1603(1) requires to the extent possible, each non-classified position in the executive department will be paid a salary or wage comparable to classified positions with similar duties, responsibilities, training, experience, and other qualifications in consultation with the Division of Human Resources. This position will remain that of Attorney, a full-time position within the Department of Lands at the same hourly rate, work location and benefit eligibility.

Application Procedure:

Please submit a cover letter and a current resume including two (2) professional references. Your cover letter and/or resume should specifically address how your work experience meets the responsibilities, qualifications, and required skills of the position.

Benefits:

· We have one of the Nation's best state retirement systems (PERSI) that offers a lifetime benefit. 

· Excellent medical, dental and vision insurance- (full-time) employee only coverage for PPO $65/month for medical and vision & $11.80/month for dental.

· Generous vacation and sick leave accrual beginning as soon as you start.

· 11 paid holidays a year.

· Paid parental leave.

· Multiple savings plans, optional 401K, and optional 457.

· Basic life insurance for employee and family (employee covered at one time annual salary; spouse covered at $10,000; child covered at $5,000)

· Wellness programs 

· Ongoing training opportunities 

· An opportunity for student loan forgiveness

· And more!

*Benefits may not be applicable for temporary or seasonal positions.

Overtime/Vacation Accrual FLSA:

The Fair Labor Standards Act (FLSA) code for this position is Professional Exempt (P) Based on the FLSA code for this position. Vacation accrual is based on the FLSA code and accrual rates can be found at: https://dhr.idaho.gov/wp-content/uploads/Section2Vacation-1.pdf

EEO/ADA/Veteran's Preference:

The State of Idaho is committed to providing equal employment opportunities and prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, political affiliation or belief, sex, national origin, genetics, or any other status protected under applicable federal, state, or local laws.

    The State of Idaho is committed to access and reasonable accommodations for individuals with disabilities, auxiliary aids and services are available upon request. If you require an accommodation at any step in our recruitment process, you are encouraged to contact (208) 334-2263 (TTY/TTD: 711), or email [email protected]. Preference may be given to veterans who qualify under state and federal laws and regulations.

    About IDL:
    Become part of an organization where you will work with dedicated people who are committed and skilled in managing and protecting Idaho's natural resources.

    The Idaho Department of Lands (IDL) believes in its employees and values stewardship, service, accountability and cohesiveness. Our goals emphasize our people and processes, financial stewardship, and customer focus. We strive for a culture in which leadership equips, entrusts and expects employees to make decisions in fulfillment of our mission. View our Strategic Plan 
    here.

    Under the direction of the 
    Idaho State Board of Land Commissioners, IDL manages more than 2.5 million acres of state endowment trust land under a constitutional mandate to produce maximum long-term financial returns for public schools and several other State of Idaho institutions. Leases and other contracts are used to authorize revenue generating activities such as timber harvest, grazing, farming, mining, commercial use, residential use, and conservation in a prudent and sustainable manner.

    Managing 
    endowment trust lands is only part of our story. We also protect public resources such as water quality, fish, wildlife habitat, and recreation on navigable waterways, and ensure the protection of water quality and other resources by overseeing forestry and mining practices across all ownerships in the state. We also work to reclaim abandoned mines in Idaho. One of our most important resource protection responsibilities is fire prevention and suppression. We also provide assistance to landowners to manage their forest lands, work with communities to plant trees in urban settings, help keep working forests working through the Forest Legacy Program, and work with many partners to promote healthy forests on a landscape level. IDL also is the administrative arm of the Idaho Oil and Gas Conservation Commission.

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