Maggie accepting town attorney applications

Jan 29, 2014

The Maggie Valley Board of Aldermen is accepting applications from those interested in serving as town attorney.

The Town of Maggie Valley operates under the council‐manager form of government, and the town attorney is appointed directly by the board of aldermen. There is no specified term for the town attorney’s service, however the terms of appointment are reviewed every two years, coincident with installation of the board following each municipal election.

Chuck Dickson currently serves as Maggie Valley's town attorney.

The Board of Aldermen has directed Town Manager Nathan Clark to solicit expressions of interest from those individuals interested in filling this position. The town attorney will provide general legal counsel to the board, mayor, town manager, and town staff, and, if necessary, will provide legal counsel, and/or coordinate additional outside legal counsel to the town as plaintiff or defendant.

The purpose of all submitted proposals is to demonstrate the qualifications, competence, depth and capability of the firms seeking to provide legal services to the Town of Maggie Valley in conformity with the requirements of this request for proposals.

The proposal should address all the points outlined in the request for proposals. The proposal should be prepared simply and economically, providing a straightforward, concise description of the individual’s or firm’s capabilities to satisfy the requirements of the request for proposals.

Typical responsibilities of the Town Attorney will include:

• Attendance at monthly Board meetings (second Monday of the month at 6 p.m.)

• Attendance at special‐called meetings as needed

• Legal advice and other legal services as requested by the Board, and/or Town Manager

• Attendance at and legal advice for other Town boards and commissions as requested by Board, and/or Town Manager

• Review of Town contracts

•Assisting in development and review of draft ordinances/amendments prepared by Town staff, prior to consideration by the Board

• Approval of all official bonds

• Review and approval of draft resolutions as requested

• Assistance with real estate transactions, including foreclosures, preparation of deeds and property descriptions, filing of liens, and sale or acquisition of property associated with Town projects and/or operations

• Assistance with development and review of deeds, contracts, offers and any other instruments relating to the business of the Town as requested

• Legal prosecution and defense for and against the Town, and for and against Town officials acting in their official capacity

• Advise the Mayor, Board and other Town officials, as to the legality and legal consequences of proposed courses of action

Desired Qualifications of the sole practitioner and/or firm:

• Must possess a Juris Doctorate degree and have graduated from a law school accredited by the American Bar Association

• Must be a member in good standing of the North Carolina State Bar Association

• A thorough understanding of the legal framework of municipal government in North Carolina

• Diverse legal experience, particularly in the areas of municipal liability, regulation of new development, public employment law, construction and professional service contracts, and real estate law

• Prior local government law experience in service to a North Carolina city, town, village, county or related local government entity

• Accessibility and prompt response for the Mayor, Board, Town Manager and designated Town staff as needed

The town reserves the right to reject all or any part of any or all proposals, to waive technical or legal deficiencies and to accept any proposal that it deems to be in the best interest of the town. Proposed fees must be guaranteed for two (2) years from acceptance date of proposal, with review and negotiation of terms, every two years thereafter.

It is Maggie Valley’s intent that this RFP shall permit competition. It shall be the respondent's responsibility to advise the Town Manager in writing if any language, requirement, specification, or combination thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be received by the Town Manager no later than ten (10) days prior to the date set for proposals to close.

All responses to this solicitation must be returned to Town Manager by 5 p.m. on Friday, Feb. 21. Responses will be accepted by electronic means or by physical delivery via the address and contact information shown above. All responses will be provided to the Board for review, consideration and disposition. Should you have questions or need further information, please do not hesitate to contact me.

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