General Counsel

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

This fast-paced position is an important part of the Iowa Racing and Gaming Commission’s management team that develops, implements and oversees racing, gaming and sports wagering administrative policies and procedures for the state of Iowa.  General Counsel duties include, but are not limited to:

• Help build new program to investigate and issue cease and desist orders for illegal gaming/sweepstake operators.  
• Review incident reports and provide 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.
• Research and prepare 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, prepare new rules as needed, appear before legislative committees including rules committee as needed.
• Provide guidance to 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.  Assists AG on litigated matters involving the Commission as requested.  Prepare 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 when directed by Administrator.  
• Review 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.  
• Provide legal guidance to Commission on licensing criteria and standards for new casino applications and revoking or suspending licenses.
• Research and provide legal opinions and guidance on issues that come up in the daily operation of the agency including: proper response to open records 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.  Consults with AG and represents agency in court if directed.  Conducts special investigations as needed.
• Assist 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.  Attend public meetings and present information on agenda items.  Provide guidance and legal advice to Commission on agenda items.
• Review legal documents involving merger and acquisitions and debt financing contracts from licensees and make determinations regarding additional due diligence and backgrounding required.   Review Passive Institutional Investor filings and make 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.
• Develop and maintain 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 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).
• Negotiate 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.  Interpret 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.  Represent 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.
• Direct 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. Oversee 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.

PREFERENCE WILL BE GIVEN to applicants with 4 or more years of administrative law experience or 1 year or more of legal experience with Iowa Racing and Gaming law.  

This is a non-merit position with the Iowa Racing and 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.