Job Posting: Enforcement Attorney

Native American Heritage Commission

JC-160718
-
Enforcement Attorney
ATTORNEY III

$9,210.00 - $11,815.00 per Month

Final Filing Date: Until Filled

Job Description and Duties

Under the general direction of the Chief Counsel, the incumbent using broad discretion and superior judgment serves as the investigating and enforcement attorney for all Native American cultural resources protection and access laws under the Native American Heritage Commission's authority and for CEQA and SB 18 matters involving the protection of or access to Native American cultural resources.
Duties include but are not limited to:

Create investigation plans and review facts and evidence gathered by the Special Assistant to the Chief Counsel (SSM I) and the Legal Analyst for Enforcement resulting from complaints of violations of Health and Safety Code sections 7050.5 and 7054, Public Resources Code sections 5097.98, 5097.99, 5097.991, 5097.993 and 5097.94, CEQA and the AB 52 amendments thereto, and SB 18 (Chapter 905 of the Statutes of 2004 and amendments thereto) for probable cause to pursue enforcement.  Resolve complaints and/or make recommendations to the General Counsel whether litigation should be pursued to address violations.  Prepare enforcement matters for trial.  Oversee Department of Justice counsel or outside contracted litigation counsel representing the Commission in enforcement litigation matters brought by or against the Commission pursuant to these statutes.

Create investigation plans and review facts and evidence gathered by the Special Assistant to the General Counsel (SSM I) and the Legal Analyst for Enforcement regarding denial of access to or imminent damage to Native American sacred and cultural sites protected under Public Resources Code section 5097.9, 5097.94 (g), and 5097.97 for probable cause to pursue enforcement actions.  Make recommendations to the General Counsel, Executive Secretary, and the Commission regarding seeking injunctive relief to protect such sites pursuant to Public Resources Code section 5097.97.  Conduct examinations of witnesses during public hearings, draft investigative reports, and recommend mitigation measures  for consideration by public agencies in lieu of litigation pursuant to Public Resources Code section 5097.97.  Oversee Department of Justice counsel or outside contracted litigation counsel representing the Commission in litigation matters brought by or against the Commission pursuant to these statutes.

Oversee Department of Justice counsel in representing the Commission in all litigation matters unrelated to the protection of Native American cultural resources, including but not limited to litigation brought pursuant to the Public Records Act and the Bagley-Keene Open Meeting Act.

Resolve conflicts between tribal governments, tribal cultural resources departments, public agencies, developers, and other stakeholders regarding compliance with the AB 52 amendments to CEQA and SB 18; represent the Commission in public hearings to certify/adopt CEQA environmental documents where compliance with CEQA and/or SB 18 has not been achieved and could result in irreparable damage to Native American cultural resources.  Refer unresolved credible matters for investigation by the Special Assistant to the General Counsel and Legal Analyst for Enforcement, time permitting, and/or make recommendations to the General Counsel as to whether litigation should be pursued under CEQA or SB 18 to protect Native American cultural resources.

Working Conditions

  • Overnight travel (15%)
  • Long periods of sitting at a computer workstation
  • Incumbent will be provided with working space at NAHC offices, including desk, computer, and telephone.
  • Occasional statewide travel requiring the use of automobile and air travel. 
  • Site visits may occasionally require walking on steep and/or uneven ground.
  • Prolonged periods of sitting & typing.
  • Short periods of standing, bending and reaching.
  • Frequent use of computer related equipment and software applications at a workstation.
  • Transport documents and/or equipment.

Minimum Requirements

You will find the Minimum Requirements in the Class Specification.

Additional Documents

Position Details

Job Code #:
JC-160718
Position #(s):
361-001-5795-003
Working Title:
Enforcement Attorney
Classification:
ATTORNEY III
$9,210.00 - $11,815.00
# of Positions:
1
Work Location:
Sacramento County
Job Type:
Permanent, Full Time

Department Information

The Native American Heritage Commission (NAHC), created in statute in 1976, is a nine-member body, appointed by the Governor, to identify and catalog cultural resources (i.e., places of special religious or social significance to Native Americans, and known graves and cemeteries of Native Americans on private lands) in California. The Commission is charged with the duty of preserving and ensuring accessibility of sacred sites and burials, the disposition of Native American human remains and burial items, maintain an inventory of Native American sacred sites located on public lands, and review current administrative and statutory protections related to these sacred sites.

Special Requirements

Paper Application Submission:

Electronic application submission is preferred for this JC (Job Control). For those applicants who are unable to submit an electronic application, applications may be submitted in paper format but must contain the following information on the first page of the application in order to be processed and included in the applicant pool:

• The JC number listed on the job posting
• The classification title
• Current CalCareer I.D. number (from your
CalCareer account under the "CalCareer Account " tab)

NOTE: Applicants must not include confidential information on any documents submitted for a job vacancy. Examples of confidential information include Social Security Number, LEAP status, EqualOpportunity Employer information, exam results, salary, authorization to work in the US status, and criminal history.

Only required or requested documents in this Job Control will be reviewed and considered by the hiring unit. Please do not submit documents that have not been requested.

Please do not submit a second application by paper if you submitted an electronic application.


Application Instructions

Dates printed on Mobile Bar Codes, such as the Quick Response (QR) Codes available at the USPS, are not considered Postmark dates for the purpose of determining timely filing of an application.

Final Filing Date: Until Filled

Who May Apply

Individuals who are currently in the classification, eligible for lateral transfer, eligible for reinstatement, have list eligibility, are in the process of obtaining list eligibility, or have SROA and/or Surplus eligibility (please attach your letter, if available). SROA and Surplus candidates are given priority; therefore, individuals with other eligibility may be considered in the event no SROA or Surplus candidates apply.

Applications will be screened and only the most qualified applicants will be selected to move forward in the selection process.

Applicants must meet the Minimum Qualifications stated in the Classification Specification(s).

How To Apply

Complete Application Packages (including your Examination/Employment Application (STD 678) and applicable or required documents) must be submitted to apply for this Job Posting. Application Packages may be submitted electronically through your CalCareer Account at www.CalCareers.ca.gov. When submitting your application in hard copy, a completed copy of the Application Package listing must be included. If you choose to not apply electronically, a hard copy application package may be submitted through an alternative method listed below:

Address for Mailing Application Packages

You may submit your application and any applicable or required documents to:

Native American Heritage Commission
Attn: Human Resources Office
C/O State Lands Commission
100 Howe Avenue, Ste 100-S
Sacramento, CA 95825-8202

Address for Drop-Off Application Packages

You may drop off your application and any applicable or required documents at:

Native American Heritage Commission
C/O State Lands Commission
100 Howe Avenue, Ste 100-S
Sacramento, CA 95825-8202
Drop off Monday-Friday excluding holidays between
08:00 AM - 05:00 PM

Required Application Package Documents

The following items are required to be submitted with your application. Applicants who do not submit the required items timely may not be considered for this job:

  • Current version of the State Examination/Employment Application STD Form 678 (when not applying electronically), or the Electronic State Employment Application through your Applicant Account at www.CalCareers.ca.gov. All Experience and Education relating to the Minimum Qualifications listed on the Classification Specification should be included to demonstrate how you meet the Minimum Qualifications for the position.
  • Resume is required and must be included.
  • School Transcripts
  • Statement of Qualifications -

    Applicants MUST submit responses to the SOQ questions. The SOQ serves as documentation of each candidate's ability to present information clearly and concisely in writing. The completed SOQ should be no longer than one (1) page in length, single-spaced, and 12-point font. Application packages received without the SOQ may not be considered. Resumes and cover letters do not take place of the SOQ.

    The SOQ should address the following: 

    1. The Attorney III (Enforcement) will have to create an Enforcement Unit within the NAHC’s Legal Department with an Investigations Manager, Legal Analyst, and Office Technician.  If you were hired, what would you want to accomplish within your first thirty days?
    2. Explain how your experience, knowledge, and skills qualify you for this position.  Refer to the Duty Statement and Desirable Qualifications to write your answer.
Applicants requiring reasonable accommodations for the hiring interview process must request the necessary accommodations if scheduled for a hiring interview. The request should be made at the time of contact to schedule the interview. Questions regarding reasonable accommodations may be directed to the EEO contact listed on this job posting.

Desirable Qualifications

In addition to evaluating each candidate's relative ability, as demonstrated by quality and breadth of experience, the following factors will provide the basis for competitively evaluating each candidate:
  • Knowledge of legal research software and legal research techniques.
  • Trial experience, preferably prosecutorial trial experience, and knowledge of evidentiary rules.
  • Superior legal research, writing, and analytical skills.
  • Experience working for or with California Native American tribes on Native American cultural resources legal issues.
  • Experience drafting regulations, policies, and procedures.
  • Tact, superior judgment, sound discretion, and diplomacy.

Benefits

When you choose a career with the State of California, you receive a comprehensive benefits package in addition to your salary. For more information on the State's benefit packages you may visit the California Department of Human Resources website at http://www.calhr.ca.gov/employees/Pages/salary-and-benefits.aspx

Contact Information

The Human Resources Contact is available to answer questions regarding the position or application process.

Human Resources Contact:
Cassie Simsiman
(916) 574-1910
Cassie.Simsiman@slc.ca.gov

Please direct requests for Reasonable Accommodations to the interview scheduler at the time the interview is being scheduled. You may direct any additional questions regarding Reasonable Accommodations or Equal Employment Opportunity for this position(s) to the Department's EEO Office.

EEO Contact:
Mary Murray
(916) 574-1910
mary.murray@slc.ca.gov
California Relay Service: 1-800-735-2929 (TTY), 1-800-735-2922 (Voice) TTY is a Telecommunications Device for the Deaf, and is reachable only from phones equipped with a TTY Device.

Position Location

Conveniently located near the US 50/Interstate 80 Harbor Boulevard freeway exit. 

1550 Harbor Blvd., Suite 100
West Sacramento, CA 95691


***FREE PARKING***

 

Additional Information

Applicants are encouraged to learn more about the NAHC by reading the NAHC’s Five-Year Strategic Plan, which can be found here: http://nahc.ca.gov/wp-content/uploads/2018/04/2018-NAHC-Strategic-Plan.pdf

For information about exams visit CalHR’s website at: https://www.jobs.ca.gov/CalHRPublic/Search/ExamSearch.aspx

Equal Opportunity Employer

The State of California is an equal opportunity employer to all, regardless of age, ancestry, color, disability (mental and physical), exercising the right to family care and medical leave, gender, gender expression, gender identity, genetic information, marital status, medical condition, military or veteran status, national origin, political affiliation, race, religious creed, sex (includes pregnancy, childbirth, breastfeeding and related medical conditions), and sexual orientation.

It is an objective of the State of California to achieve a drug-free work place. Any applicant for state employment will be expected to behave in accordance with this objective because the use of illegal drugs is inconsistent with the law of the State, the rules governing Civil Service, and the special trust placed in public servants.

Application Methods:
Electronic (Using your CalCareer Account)
By Mail
Drop-off