General Counsel

The General Counsel is NACA’s chief legal officer. He/She reports to NACA’s Chief Executive Officer. The General Counsel is responsible for all of NACA’s legal affairs.  He/she provides support for all of NACA’s activities both on a national and local level. Priorities are set by the needs of the organization. These needs can vary greatly and change on short notice. The General Counsel manages NACA legal resources in a manner that maintains the flexibility to meet these changing demands and needs.

NACA pursues large scale initiatives to assist its primarily low and moderate income clients and communities. The General Counsel provides legal support for these national initiatives. He/she also provides legal support to all NACA departments. Such work includes litigation, grant compliance, licensing matters, real estate transaction related work, contract and lease review, handling of employee complaints, worker compensation and unemployment compensation matters and a variety of other legal matters. The General Counsel is responsible for ensuring that all of this work is performed in a timely and highly professional manner notwithstanding the restraints of limited resources.

POSITION REQUIREMENTS

The General Counsel undertakes and oversees other attorneys work on the following duties on a day-to-day basis.

 General Duties:

  • Makes legal decisions for the organization, seeking consultation with the Chief Executive Officer as he determines necessary.
  • Makes Legal Department assignments and supervises all legal staff to ensure that those assignments are properly and timely executed.  
  • Provides legal support to and exercises delegated authority from the Chief Executive Officer, including managing contract and settlement negotiations, drafting letters to public officials addressing matters of importance to NACA and its membership and providing legal support to NACA’s advocacy projects.

 Campaign & Action Support:

  • Provide legal and other support in support of NACA aggressive advocacy including direct actions.
  • Research individuals and companies in support of NACA’s campaigns and actions.
  • Provide legal research and support for ballot initiatives.

 Affirmative Litigation:

  • Plans and executes NACA’s affirmative litigation strategy, seeking consultation with the Chief Executive Officer as he determines necessary.
  • Aggressively pursues affirmative litigation where appropriate against the government, financial institutions and others in order to protect NACA’s interests, the interests of its members and the public interest.
  • Supervises private lawyers and other Legal Department staff engaged in affirmative litigation.
  • Participates himself in preparing briefs, deposing witnesses, reviewing documents and conducting hearings and trials in the most critical and aggressive affirmative litigation.

 Defensive Litigation:

  • Plans and executes NACA’s defensive litigation strategy, seeking consultation with the Chief Executive Officer as he determines necessary, including the implementation of Operations, Human Resource and other departmental policies to avoid prospective litigation.
  • Aggressively defends NACA in any and all litigation filed against NACA.
  • Supervises or causes to be supervised any private lawyers retained by NACA or insurers to defend NACA in any case.
  • Cooperates with such private lawyers in reviewing and preparing legal theories and strategy, documents, discovery submissions, pleadings and briefs so that NACA is vigorously defended.

 Grant Compliance:

  • Oversees compliance with grant reporting requirements.
  • Participates in grant reviews and audits.
  • Maintains good working relationships with grant compliance officials.
  •  Participates in any enforcement actions brought by licensing officials.

 Licensing:

  • Reviews all significant communications between NACA legal staff and licensing officials in all the states in which NACA operates.
  • Participates in any enforcement actions brought by licensing officials.
  • Consults with assigned attorneys as needed on licensing issues.

 Contract Negotiation/Contract Monitoring

  • Participates in major contract negotiations as needed.
  • Reviews and consults as needed to review leases, insurance contracts and other agreements.

 Human Resource/Employment

  • Provides support to the Human Resource Department concerning complex matters related to personnel policies, hirings, firings, progressive disciplinary actions, unemployment and worker compensation issues, wage and hour and other compensation practices.
  • Undertakes or supervises sensitive employment related investigations, as needed.

 Special Projects

  • Participates in and supervises various special projects.