Assistant County Attorney V - Employment/Labor Law

The County Attorney's Office is seeking an attorney with extensive legal knowledge and skills in handling employment law matters and civil defense litigation. The position is in the Office of the County Attorney's Personnel Section. 

The successful applicant will counsel and represent county agencies and employees regarding a wide range of employment related matters. The successful applicant will personally handle litigation in state and federal courts and before state administrative agencies and provide legal advice to county agencies related to employment issues, including but not limited to Title VII, the Americans with Disabilities Act, and the Virginia Workers' Compensation Act. The successful applicant will represent county agencies in employee grievances and in matters before the Fairfax County Civil Service Commission. Litigation will include personal injury, employment law, constitutional law, workers' compensation, and alleged civil rights violations. The successful applicant will represent county employees when they are sued for actions taken in the performance of their duties, including state law tort claims and federal Section 1983 claims such as excessive force claims.

For experienced candidates, the starting salary is negotiable. In addition to an excellent array of benefits, there are opportunities for promotion and career advancement. While the Office seeks an experienced candidate, we are also open to underfilling the position with a less experienced attorney who demonstrates strong potential and interest in employment law and civil rights trial litigation work.

Fairfax County's Office of the County Attorney functions as in-house counsel to the Board of Supervisors, the County Executive, department heads, division directors, and other employees. It also serves as counsel to various boards, authorities, and commissions. The Office is led by County Attorney Elizabeth D. Teare, who has been serving the Board of Supervisors in that capacity since 2016 as the county’s first female County Attorney. The attorneys in this Office are active in the various bar associations and many have served in official capacities in the Virginia State Bar, the Fairfax Bar, the Local Government Attorneys of Virginia and the Virginia Law Foundation. The LGA Cherin Award is named after retired Deputy County Attorney Bob Cherin for his distinguished public service. The Virginia Law Foundation’s Bobzien-Gaither Education Center is in part named after former County Attorney David P. Bobzien who had served as the president of the Virginia State Bar and the Virginia Law Foundation. And, lastly seven attorneys from this office have been appointed as judges.

Fairfax County is the largest jurisdiction in the Commonwealth of Virginia with more than 1.2 million residents and more than 13,000 employees. Fairfax County government is widely recognized as a superior government organization. In 2021, the most recent award cycle, the International City/County Management Association (ICMA) announced that it had awarded its Certificate of Excellence to Fairfax County for the thirteenth consecutive year. The county is among only 31 jurisdictions across the nation recognized by ICMA for this prestigious award – the organization's highest level of recognition. County employees are eligible for superb benefits. Highlights of the county's benefits packages are a defined-benefit pension plan; a deferred compensation plan (457); access to medical, dental, vision, and disability insurance, and generous leave policies. The county operates a licensed Employee Child Care Center in the Government Center complex; all employees are automatically enrolled in the Employee Assistance Program; and the county operates a workforce wellness program to help employees, and their families stay well during the workday and beyond. 

This position is designated as confidential under the county’s Collective Bargaining Ordinance. This position assists and acts in a confidential capacity to persons who formulate, determine, and effectuate management policies with regard to labor relations. 

Note: Applicants must include a writing sample attached to their application to receive full consideration.

Underfill: Applicants not meeting the full requirements may be considered to fill this position as an underfill, if the requirements listed below in the Employment Standards Minimum Qualifications section are met.

(The illustrative duties listed in this specification are representative of the class but are not an all-inclusive list. A complete list of position duties and unique physical requirements can be found in the position job description.)

Represents the County in civil suits; 

Conducts legal research; 

Writes legal briefs; 

Reviews and drafts ordinances and resolutions and other legal documents; 

Advises members of the County staff on legal matters;

Advises individuals on aspects of civil law and County ordinances and resolutions; 

Prepares reports and correspondence on legal matters.

(The knowledge, skills and abilities listed in this specification are representative of the class but are not an all-inclusive list.)

Knowledge of the sources of legal reference;

Knowledge of the principles and practices of law;

Knowledge of local, state and federal laws and court decisions affecting the practice of the law at the county level;

Ability to learn Fairfax County ordinances and resolutions;

Ability to analyze facts and reach logical conclusions;

Ability to express ideas effectively, both orally and in writing;

Ability to maintain effective working relationships with associates, County officials and the public.

MINIMUM QUALIFICATIONS:
Any combination of education, experience, and training equivalent to the following: 
 (Click on the aforementioned link to learn how Fairfax County interprets equivalencies for "Any combination, experience, and training equivalent to")
Must be an active member in good standing of the Virginia State Bar. Any combination of education and experience equivalent to four years of experience as a practicing attorney.

UNDERFILL REQUIREMENTS:

• This vacancy may be filled at the level of Assistant County Attorney III (Grade L03 – $124,184.11 to $158,052.54). The employment standards for Assistant County Attorney III are: Any combination of education, experience, and training equivalent to the following:  Must be an active member in good standing of the Virginia State Bar. Any combination of education and experience equivalent to one year of experience as a practicing attorney.
  • Upon the successful completion of the 12-month probationary period and after reaching a total of 4 years of experience, Assistant County Attorney III employees are eligible for a non-competitive appointment to the Assistant County Attorney V level.  Click here to view the complete details and KSAs for the Assistant County Attorney III. 
• Upon completion of an underfill agreement (which will require that the employee meets the employment standards above, in addition to attaining competencies defined by the hiring agency), the employee will be elevated to the level of Assistant County Attorney V.
• Underfill candidates must be able to meet the minimum qualifications of ASSISTANT COUNTY ATTORNEY V within one year of the job announcement’s closing date of January 3, 2025.

• The appointee to the position will be required to complete a criminal background check to the satisfaction of the employer. 
• The appointee to the position must complete a Statement of Economic Interest form prior to starting work.

• Demonstrated experience in employment law and labor negotiations.
• Demonstrated excellent writing and public speaking skills.
• At least one year of collective bargaining experience, to include drafting labor relations contracts, negotiating bargaining agreements, and experience before labor relations board.
• Three or more years of litigation experience in general district courts, circuit courts or federal district courts in Virginia; ideally in the Fairfax County courts in employment law, constitutional law, personal injury, workers' compensation, and alleged civil rights violations.