Position Information

The General Counsel of the Fort Worth Employees’ Retirement Fund (FWERF) serves as FWERF’s chief legal officer and its sole in-house legal expert. The General Counsel has overall responsibility for the provision of legal services to the $3.0 billion defined benefit Fund, its Board of Trustees (the “Board”), the Executive Director, the Chief Investment Officer (CIO), and staff. The General Counsel is responsible for providing fiduciary, governance and ethics counsel to the Board, and advice and legal guidance on a wide range of legal matters to ensure FWERF remains compliant with federal, state, and city laws and regulations on pension investing, retirement benefits, and legislative or regulatory issues.

The General Counsel performs legal research, drafts and negotiates contracts and agreements, and reviews and provides legal analysis and advice regarding all aspects of FWERF’s operations, prepares formal and informal legal opinions, assists in drafting internal policies, provides governance direction, and represents FWERF in administrative hearings and litigation. The General Counsel coordinates and oversees the work of all external legal counsel.
 

ESSENTIAL AND OTHER DUTIES:

1. General Legal Expert: Provides legal advice and counsel to the Board, Executive Director, CIO and staff to assist them in fulfilling their fiduciary responsibilities, determining appropriate actions in furtherance of FWERF’s best interests, and minimizing liability to FWERF. Prepares, reviews, and negotiates contracts and agreements, including but not limited to, investment consulting and management, actuarial, compliance, governmental relations and legislative affairs, auditor and custodian bank services, alternative investment transactions, pension administration system and other technology-related services, commercial leases, property management and leasing agent services, FWERF staff employee benefits, and other professional services and consultants. Advises benefits staff regarding pension benefit administration matters, federal tax code plan qualification requirements, and tax reporting obligations. Functions as in-house expert on federal and/or state pension and tax laws, regulations and guidance; city pension ordinance; trusts; fiduciary duty; ethics and disclosure laws; legal matters relating to investment and real estate leasing transactions; employment-related legal, employee benefits, incentive compensation matters; and other laws and regulations applicable to FWERF operations. Ensures compliance with the Texas Open Meetings and Public Information Acts.

2. Outside Counsel: Assesses and makes recommendations for retaining outside counsel services and oversees the legal matters referred to outside legal counsel through proper assignment and direct supervision.

3. Board and Committee Meetings: Attends meetings of the Board of Trustees and committees and provides legal advice as needed on agenda items, fiduciary, governance and ethics matters, Texas Open Meetings Act (TOMA) requirements, and general parliamentary procedures. Provides oversight of Board meeting agendas and materials to ensure compliance with TOMA notice and posting requirements. Assists Executive Director in briefing Board Chair regarding Board meeting agenda items.

4. Policy and Rule Development: Assures effective administrative functioning through the research of relevant law and the development, review, and update of administrative rules, Board governance, and operational policy documents to be recommended to the Board for approval and adoption. Provides legal analysis and counsel relating to and assists in the development, review, and update of FWERF staff personnel policies.

5. Legislative Proposals: Reviews and/or proposes legislative initiatives, and analyzes proposed legislation, regulations, and rules affecting FWERF operations. Provides legal support as needed in connection with communications with constituent groups regarding legislative changes. Researches and prepares supporting documentation, as necessary.

6. Liaison: Acts as FWERF’s liaison with the Texas Attorney General’s Office, legislative staff for the Texas General Assembly, and the City Attorney’s Office. Provides oversight regarding legal aspects of FWERF’s governmental relations and legislative affairs program and Texas Pension Review reporting compliance.

7. Public Information Requests: Oversees responses to Texas Public Information Act requests and ensures compliance with the Texas Public Information Act. Drafts briefs to the Attorney General and notifies affected third parties. Provides direction regarding and coordinates dissemination of FWERF’s public information, including any confidential information legally required to be withheld and the viewing of copyrighted documents.

8. Education: Organizes and schedules Board and staff training regarding open meetings, public information disclosures, ethics, fiduciary duties, and governance. Reviews and monitors compliance with pension trustee education requirements established by the Texas Pension Review Board (PRB).

9. Investigations: Provides oversight to ensure that the retirement disability claims investigator abides by appropriate procedures, and directs and supports the review process of member eligibility for benefits, employer pension coverage of employees, and compliance with state statutes, administrative rules, and city ordinances in connection with disability retirement applications. Conducts, directs, and supports internal investigations, including but not limited to, gathering and assessing information, preparing reports and legal analysis, and ascertaining, recommending, and coordinating necessary remediation.

10. Compliance: Provides oversight of investment compliance efforts in collaboration with an external compliance advisor. Provides support to the Executive Director and CIO to review and implement proposed revisions to the compliance effort. Monitors and communicates compliance testing results and other compliance matters to the Board.