Attorney 3 - General Counsel

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Attorney 3 - General Counsel

Salary

$105,705.60 - $150,404.80 Annually

Location

Des Moines - 50321 - Polk County, IA

Job Type

Full-time

Job Number

25-00627

Agency

429 Department of Inspections, Appeals & Licensing - Racing & Gaming Commission

Opening Date

09/16/2024

Closing Date

9/26/2024 11:59 PM Central

LinkedIn Tag

#LI-DNP

Point of Contact

Betty Tschetter; 515-281-3060

To Apply

Send cover letter and resume to Betty Tschetter, Director of Licensing Administration at betty.tschetter@iowa.gov.

• Description

• Benefits

Job Description

WORK LOCATION: 6200 Park Avenue, Des Moines; possibility for up to 1/day week remote after 6 months. Frequent in-state travel and occasional out-of-state travel required. Some weekends required, especially during the live racing season. This is a salaried position and may require more than 40 hours/week.

This position serves as General Counsel for the Iowa Racing and Gaming Commission.

Duties include, but are not limited to:

• Negotiates contracts/voluntary agreements with the federal Horseracing Integrity and Safety Authority (HISA) and the Horseracing Integrity and Welfare Unit (HIWU) for Iowa racing, including Iowa credits for work performed and required staffing. Interprets HISA/HIWU regulations and provides legal analysis for when federal law preempts state rules or law and directs staff on proper application of state vs federal law. Represents Commission on the racing task force and provides legal opinions as to whether any proposed rule changes are permissible under Iowa law and HISA/HIWU.

• Directs the preparation of RFP for veterinary services, equine lab testing, outside technology contractors, market studies, socioeconomic studies, and any other needed RFPs. Scores RFP proposals. Oversees contract, assures contractor performs the required duties, handles any disputes, evaluates performance. Final determination on Advanced Deposit Wagering (ADW) licensees, Alternate Simulcast Organization (ASO) licensee, and Off-Track Betting (OTB) site contracts and develop and oversee auditing associated with these contracts.

• Reviews incident reports and provides guidance to staff for gaming board, board of stewards, and commission level actions. Ensures investigation and evidence meets proper legal standard for proceeding with disciplinary action; provides oversight and guidance on rules, legal procedures and requirements and case law; ensures consistency agency wide.

• Periodic review and recommendation of fine structure and administrative process for adherence to Iowa Code 17A and Commission’s authority under 99D, 99E and 99F.

• Researches and prepares legal opinions of law and administrative rules: review, interpret, and draft possible changes to the Iowa Code 99D, 99E, and 99F and/or Iowa Administrative Rules. Periodic review of all Commission rules, addressing any needed changes, prepares new rules as needed, appears before legislative rules committee when administrator is not available.

• Represents the Commission on appeals before ALJs, district court and appellate courts on gaming board and board of steward rulings and on any matters filed against the Commission. Prepares Statement of Charges on disputed matters to be ruled on by the Commission and represents Commission in administrative hearings with licensees. Negotiates Commission level stipulations involving licensees.

• Reviews Division of Criminal Investigation Class A background reports at the corporate and parent level of licensees and the Class D (company) and makes licensing decisions and recommendations to the Commission.

• Provides legal guidance to Commission on licensing criteria and standards for new casino applications and revoking or suspending licenses.

• Researches and provides legal opinions and guidance on issues that come up in the daily operation of the agency including: proper response to freedom of information act requests including review for confidential or privileged information; legal questions arising out of administration of the self-exclusion program; legal arguments from licenses re documents and information to be produced for agency investigations; types of sports wagers or daily fantasy sport wagers that are permissible under 99F. Represents agency in court if decision challenged.

• Assists with drafting agendas for public meetings in accordance with open meeting laws and attends all Commission public meetings and responds to legal questions as they arise during the meetings.

• Reviews legal documents involving merger and acquisitions and debt financing contracts from licensees and makes determinations regarding additional due diligence and backgrounding required. Reviews Passive Institutional Investor filings and makes determinations as to whether filing entity fits the legal definition of a passive investor and researches and advises commission on any SEC, ethical violations or investigations involving a Passive Institutional Investor.

• Develops and maintains effective working relationships and represents the commission with the public, internal state agencies, external regulatory jurisdictions, political subdivisions, industry and other groups or organizations that deal with racing issues. Specifically, liaison with the Attorney General's office; corporate legal counsel and local regulatory attorneys of licensees; HISA/HIWU; Association of Racing Commissioners International (ARCI), serving as one of the Commission representatives at the Racing Symposium and other industry/association meetings including discussion re model rules and litigation in various jurisdictions; and the Department of Agriculture regarding Breeders Program, breakage, and outs. Liaison with other state agencies (i.e. Revenue, DPS) on legal issues involving licensees (i.e. offset, self-exclusion, tax collection, criminal enforcement etc).

PREFERENCE WILL BE GIVEN to applicants with 4 or more years legal experience with Iowa Racing and Gaming law.

This is a non-merit position for Department of Inspections, Appeals & Licensing - Racing & Gaming Commission. Candidates must follow the instructions in the "To Apply" section.

Positions in this class are exempt from the screening and referral requirements of the Iowa Department of Administrative Services - Human Resources Enterprise.

Minimum Qualification Requirements

Graduation from an accredited law school and the equivalent of five years of full-time successful and responsible experience in the practice of law;

OR

the equivalent of three years of full-time experience in the practice of law in the employing agency shall be considered as qualifying experience.

For additional information, please click on this link to view the job description. (https://das.iowa.gov/sites/default/files/hr/documents/class_and_pay/JobClassDescriptions/Attorney3-00645-90645.pdf)

Additional Qualification Requirements

Positions in this class require admission to the Iowa State Bar.

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Agency

State of Iowa

Agency

429 Department of Inspections, Appeals & Licensing - Racing & Gaming Commission

Address

6200 Park Avenue, Suite 100

Des Moines, Iowa, 50321

Website

https://irgc.iowa.gov/

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