Overview of General Counsel Role at IRC
The General Counsel at IRC, represented by Steven K. Beckett, provides legal advice to the Executive Director and Board of Trustees, overseeing legal issues in areas such as litigation, business, personnel, and consumer affairs. The role involves collaborating with various stakeholders such as executive management, directors, managers, and staff, while also managing legal matters, insurance policies, litigation, and conservatorship petitions. Additionally, the General Counsel provides training, consults on employment-related issues, and serves as the legal representative for the Master Trust of California.
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AN OVERVIEW OF THE ROLE OF GENERAL COUNSEL AT IRC Steven K. Beckett General Counsel & Director Human Resources & Legal Affairs
GENERAL COUNSEL JOB DESCRIPTION SUMMARY: Advises Executive Director and Board of Trustees and assists IRC in dealing with a variety of legal issues involving litigation, business, personnel and consumer issues. OVERSEES: Human Resources Department, the Fair Hearings/Legal Affairs Unit and Master Trust of California. INTERACTS WITH: Executive Management, Directors, Board of Trustees, Managers, Staff, Consumers, Consumers families and Vendors.
GENERAL COUNSEL JOB DESCRIPTION contd Provide general corporate legal advice and consultation to Board of Trustees, Executive Director, Directors, Managers and staff as necessary or as directed by the Board or the Executive Director. Consult and/or providing legal advice on other matters, as necessary. Provide advice and consultation on employment-related issues. Review Special Incident Reports for the purpose of necessary disclosures to insurance carriers.
GENERAL COUNSEL JOB DESCRIPTION contd Review, assist, and provide advice concerning insurance policies and coverage, coordination with insurance carriers and/or designated legal counsel for representation of IRC in legal matters and proceedings; and providing reports of claims to insurance carriers and/or assisting with claims reporting. Provide legal advice to and represent IRC, as necessary, in legal proceedings. Prepare IRC employees to provide testimony at, or to participate in, legal proceedings. Supervise litigation in which IRC is being represented by outside counsel.
GENERAL COUNSEL JOB DESCRIPTION contd Consulting with staff and assisting CSC s in drafting reports to the court concerning conservatorship petitions. Consult with CSC s and staff regarding issues affecting consumers and general consulting. Review cases to establish and service conservatorships. Consult with staff and assisting CSC s in preparing the nomination package and any court reports when DDS is nominated to be the conservator for a consumer. Consult with staff regarding calendaring and preparation of court reports for cases in which IRC is Conservator.
GENERAL COUNSEL JOB DESCRIPTION contd Coordinate, schedule, and provide training to Board of Trustees, Executive Director, Directors, Managers, and staff as necessary. Consult with staff regarding the release of consumer and vendor records pursuant to subpoena or other demand. Act as the attorney for the Master Trust of California and the Master Trust Committee. Consult with staff that work with beneficiaries of the special needs trusts administered by MTC and general consulting and advice.
GENERAL COUNSEL JOB DESCRIPTION contd Review cases for establishing guardianships, conservatorships and/or the creation of special needs trusts. Provide legal advice to and representation of MTC and staff, as necessary, in connection with legal proceedings. Other duties as assigned by the Executive Director.
WHO IS THE CLIENT? The primary role of the General Counsel is to provide legal services to and representation of the corporation and not the corporation s officers and directors. At times the corporation and its officers and directors may have conflicting interests, and the General Counsel must be able to distinguish between the best interests of the corporation and its officers and directors and be able to effectively communicate this. The Rules of Professional Conduct, Rule 1.13 and 2.1, govern the General Counsel s representation of the corporation.
RULES OF PROFESSIONAL CONDUCT Rule 1.13: (b) If a lawyer representing an organization knows that a constituent is acting, intends to act or refuses to act in a matter related to the representation in a manner that the lawyer knows or reasonably should know is (i) a violation of a legal obligation to the organization or a violation of law reasonably imputable to the organization, and (ii) likely to result in substantial injury to the organization, the lawyer shall proceed as is reasonably necessary in the best lawful interest of the organization. ... [t]he lawyer shall refer the matter to higher authority in the organization, including ... to the highest authority that can act on behalf of the organization ... .
RULES OF PROFESSIONAL CONDUCT Rule 1.13 cont d: (d) If, despite the lawyer s actions in accordance with paragraph (b), the highest authority that can act on behalf of the organization insists upon action, or fails to act, in a manner that is a violation of a legal obligation to the organization or a violation of law reasonably imputable to the organization, and is likely to result in substantial injury to the organization, the lawyer shall continue to proceed as is reasonably necessary in the best lawful interests of the organization. The lawyer s response may include the lawyer s right and, where appropriate, duty to resign or withdraw in accordance with rule 1.16.
RULES OF PROFESSIONAL CONDUCT Rule 2.1: In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. Disputes between the Board of Trustees and executive management create the potential for conflicts of interest for the General Counsel.
LEGISLATIVE ACTIONS BY DDS TO LIMIT THE ROLE OF GENERAL COUNSEL AT IRC DDS included in SB 81 the addition of Welfare and Institutions Code 4625.6 which reads as follows: To ensure the delivery of independent legal advice, an attorney retained or employed by the governing board of the regional center to provide legal services shall not be an employee of the regional center. The fact that an attorney is an employee of a regional center does not make his advice to the Board any less independent than if the advice is provided by an outside attorney. The fallacy of the premise of the statute is shown by the fact that the statute does not prevent the Board from hiring as its attorney the same outside attorney who is also hired to provide legal advice and representation to the regional center.
LEGISLATIVE ACTIONS BY DDS TO LIMIT THE ROLE OF GENERAL COUNSEL AT IRC DDS also included in SB 81 the addition of Welfare and Institutions Code 4625.7 which reads in part as follows: The governing board of a regional center shall meet with representatives of the department upon a request by the Director of Developmental Services, and, if requested, the board shall exclude regional center employees from the meeting. The governing board shall meet with the department s representatives without preconditions for the meeting and at a time and date determined by the department. This statute is in direct conflict with the open meeting law for meetings of a regional center s governing Board pursuant to Welfare and Institutions Code 4660 et seq.
LEGISLATIVE ACTIONS BY DDS TO LIMIT THE ROLE OF GENERAL COUNSEL AT IRC The statute promotes secret meetings of the Board that are closed to the public, have no agenda and in which the General Counsel and IRC staff may be barred from attending. Because any such meeting would be a direct violation of the open meeting requirement, the Board would be caught in a hopeless Catch 22 position. If the Board refuses to meet in secret with DDS, then DDS would claim that it is in violation of the statute. But if the Board does meet in secret with DDS, then they would be in violation of the open meeting law. Why would DDS need to have a secret meeting without an agenda? Why exclude General Counsel and other IRC staff? Is their intent to ambush the Board and attempt to intimidate them and turn them against management?
GENERAL COUNSELS ROLE IN OVERSEEING THE HUMAN RESOURCES DEPARTMENT Consult with the HR Manager, Exec. Director, Directors and Managers regarding employee discipline and termination. Consult with the HR Manager, Exec. Director, Directors and Managers regarding employee complaints regarding claims of discrimination, harassment, working conditions, hostile work environment, etc. Oversee investigations by the HR Manager of employee complaints. Consult with the HR Manager, Exec. Director and Directors regarding new or amended HR policies and procedures, employee handbook, benefits, etc.
GENERAL COUNSELS ROLE IN OVERSEEING THE HUMAN RESOURCES DEPARTMENT Conduct investigations of claims against executive management and/or oversee investigations by outside counsel. Conduct investigations of whistleblower claims. Oversee litigation arising from personnel claims and whistleblower claims
GENERAL COUNSELS ROLE IN OVERSEEING FAIR HEARINGS AND LEGAL AFFAIRS Consult with and advise Fair Hearings and Legal Affairs Manager and staff, as needed, regarding the following: o Fair hearing appeals o Represent IRC or oversee outside counsel regarding Petitions for writ of mandate to contest OAH decisions o Criminal matters involving consumers o NOA s o Release of records o WIC 4731 complaints regarding violations of consumer rights
GENERAL COUNSELS ROLE IN OVERSEEING MASTER TRUST OF CALIFORNIA Consult with and advise MTC staff regarding the special needs trusts administered by MTC. Provide legal advice and counsel to the Master Trust Committee and attend committee meetings. File petition to establish special needs trust including, as necessary, petition to establish a conservatorship of the estate. File special needs trust accountings with the court. Review and update, as needed, the special needs trust agreements. Work with other attorneys handling MTC matters.
