Legal Counsel

About Tides

Tides is a nonprofit and philanthropic organization committed to advancing social justice. We work across the social sector to shift power to communities of color and other groups historically denied power.

Centering equity and justice in everything we do, we collaborate in deep partnership with movement leaders, nonprofits, donors, foundations, and corporations to amplify the impact of their work by providing services like fiscal sponsorship, donor advised funds, grant making, and a variety of innovative solutions. Learn more at tides.org.

The Role

The Legal Counsel is a member of a dynamic Legal, Risk and Compliance (LRC) Team that supports a diverse array of legal matters for Tides and its employees, partners, reputation, and assets. Under the supervision of the Senior Director, Legal (Legal Director), this role will manage, advise on, and create or improve processes primarily related to Tides Center and Tides Foundation, including supporting Tides’ compliance program. Legal Counsel will support three other Tides entities as needed: Tides Network, Tides Inc., and Tides Two Rivers Fund. Focus areas will be laws and regulations governing charitable exempt organizations and fiscally sponsored projects, and election and advocacy activity for 501c3 organizations.

Legal Counsel must be able to think proactively and creatively, provide strategic legal advice and consultation, work cross-departmentally, support and manage projects and initiatives, including staff trainings, and be committed to supporting Tides’ mission and impact goal. Legal Counsel is an exempt position. Exempt employees are expected to work the appropriate and necessary time to complete key assignments and related tasks on schedule.

What you will Do

Advise on Legal Matters

Tides Center, In relation to Tides Center’s fiscally sponsored projects:

• Respond to inquiries from Tides staff and projects concerning legal, risk, and compliance issues, including partnering with other LRC staff when needed to recommend solutions and risk mitigations, and escalating issues as appropriate. Issues arising from fiscally sponsored projects include corporate governance, suitability of activities for tax-exempt organizations, reviewing and negotiating contracts (including some grant agreements) and leases, providing services to nonprofit or for-profit partners, Unrelated Business Income Tax, fundraising regulations, and advising on legal updates and application to operations of Tides and projects.
• Assist in vetting new projects and Tides initiatives to identify, investigate, and help resolve legal issues.
• As needed, review and revise Tides’ legal documents, template documents, legal policies and procedures, and operational policies.
• Respond to subpoenas and other legal inquiries, working with outside counsel as needed.
• Track and report on ongoing matters and prepare memoranda on issues.

Election and Advocacy Activity, For Tides Center and Tides Foundation:

• Advise on appropriateness of political activities for 501c3 entities, including grantmaking, election-related work, and communications/messaging about the same.
• Respond to inquiries about general election law and specific state regulations, working with outside counsel as needed.
• Research and form guidance on regulations and requirements on issues such as donor disclosure and committee regulation.
• Support Tides’ internal marketing/communications department on compliant messaging of election activities.
• Advise on the scope of work that 501c3 and 501c4 entities can engage in together, including reviewing and revising contracts/agreements relating to this work, grant proposals from 501c4 entities to Tides, and grants from Tides to 501c4 entities.

Tides Network, Tides Inc., Tides Two Rivers Fund:

• As needed, respond to legal inquiries relating to Tides entities that own, lease, and sub-lease property in San Francisco and New York. Examples include property tax exemption applications and renewals, tax-exempt bonds and covenants within the same, and tenant leases.
• Collaborate as needed with Tides staff, property management, and outside counsel.

Investments:

• Potentially conduct legal due diligence and ensure compliance with policies and procedures related to mission-related investments, in collaboration with LRC and Tides’ investments team.

Risk Management and Compliance:

• Assist LRC Compliance staff with developing accessible tools to support Tides’ compliance program, including internal and external policies and procedures, and oversight of programs.
• Issue spot, investigate and evaluate the legal implications of compliance issues and recommend operational changes or alternative policies and procedures.

Staff Training:

• Develop and deliver training for Tides staff on relevant legal topics, including compliance with applicable laws and regulations. Assist in updating, creating, and leading new training sessions and offer solutions to help staff achieve desired outcomes.

Department Support:

• Stay up to date regarding latest legal trends impacting Tides’ business and operations, share as appropriate with LRC team, and provide strategic advice to protect Tides’ charitable mission, partners, and staff.
• Support legal team education and management of resources.
• Individual continuing education to ensure Tides remains compliant with evolving laws.
• Other duties as assigned by Legal Director or Chief Legal and Compliance Officer.

What you will Bring

• Holds self and others accountable for high-quality, timely, and effective results.
• Adapts easily to working with a variety of stakeholders and to the varying needs of the organization, while maintaining a strong voice for legal compliance.
• Strong ability to cooperate and work collaboratively toward solutions that generally benefit all involved parties.
• Exercises excellent judgment in handling confidential information and other potentially sensitive matters.
• Strong written and verbal communication skills, with ability to understand and communicate accurately and effectively with different stakeholders in different fields of expertise.
• Maintains high-level and consistent work ethic.
• Commitment to Tides’ Vision, Impact Goal, Mission, and Cultural Values.
• Proficiency with Salesforce and MS Office suite of products.

Education & Experience

• Juris Doctor and California law license or registered in-house counsel required.
• Minimum 4 years’ experience in nonprofit law required.
• Experience in transactional/contract law and/or elections law highly preferred. Experience with tax law and/or mission-related investing helpful. Substantially equivalent relevant work experience may be considered.

Compensation

Tides is committed to providing a competitive compensation package. We value pay equity and account for factors such as your location within the U.S., your skills and your relevant experience, and we will not ask for your salary history. Your starting salary will fall into one of three ranges, depending on your location:

• National market: $112,400 - 168,600 (Most U.S. states)
• Moderate market: $122,600 - 184,000 (Chicago, Los Angeles, Washington D.C. metro areas)
• High market: $134,900 - 202,300 (New York City & San Francisco metro areas)

Please note the above geographic areas are examples and not a complete list. Our talent acquisition team will review your application and confirm your placement within this structure at the beginning of the interview process.

Application Instructions

Please submit your resume and a thoughtful cover letter. Your cover letter should express why you’re a great candidate for this role, and your motivation for joining our team at Tides.

Application Deadline: May 22nd, 2024 at 5pm Pacific Standard Time

Life at Tides

Working at Tides connects you with world-class teammates, enduring relationships, and an inspired sense of purpose - while our employee benefits support our team’s talent and well-being. Our hybrid work model supports staff who are based all across the United States, in addition to maintaining our offices in New York & San Francisco.

Equal Employment Opportunity

We look forward to reviewing applications from all qualified jobseekers. We strongly encourage applications from women, people of color, and bilingual and bicultural individuals, as well as members of the LGBTQIA+ communities. No applicant will be discriminated against because of their race, religion, sex, national origin, ethnicity, age, disability, political affiliation, sexual orientation, gender identity, color, marital status, or medical condition including acquired immune deficiency syndrome (AIDS) and AIDS-related conditions. Pursuant to the San Francisco Fair Chance Ordinance, we encourage and will consider qualified applicants with arrest and conviction records.

Applicants with Disabilities

Reasonable accommodations will be made so that all who are interested may participate in our interview process. If you are in need of an accommodation, please advise in writing at the time you apply.