This position is funded from the Commonwealth’s annual operating budget.
Duties:
Counsel II acts as the legal advisor for the agency. Duties include providing legal assistance to agency leadership and staff on issues affecting the agency including but not limited to representing the agency in administrative hearings, conducting research, assisting in the drafting of policies and regulations applicable to the agency, providing direction to leadership in employee discipline, employment law/labor relations matters, Elder law and Veteran issues. Reviews and participates in preparing agency policies and assists agency leadership in recommending policy decisions. Advises agency staff on legal matters by interpreting laws, rules, regulations, and judicial, quasi-judicial or administrative decisions related to agency operations; conducts legal research on matters related to agency functions; prepares legal opinions; participates in training, as necessary, of agency staff regarding rules, regulations, policies and procedures governing agency operations. Counsel II provides advice and guidance in the specific areas of Labor and Employment law, Veterans rights, VA regulations, Elder law, and litigation to agency staff and agency leadership to assist agency management decision making and to ensure compliance with agency, state and federal laws and regulations. Educate and effectively communicate the interpretation of area-specific laws to agency staff and leadership as well as external contractors in areas such as Ethics, Sexual Harassment, Bullying, Discrimination, Elder Law (POA’s, HC proxy, & end of life issues). Enforce and promote the consistent administration of laws and policies. Develop and recommend official forms for approval. The incumbent prepares regulations for the implementation of the agency’s programs and policies; prepares directives and instructions for agency staff to implement judicial and/or administrative decisions as well as policies of the agency and the Department of Veterans’ Services. Counsel II participates, as determined by agency leadership, in labor relations matters, including responding to employee grievances, conducting employee discipline show cause hearings and making disciplinary recommendations, scheduling and representing the agency at OER and HRD appeals, and assisting in the preparation and presentation in the defense of unfair labor practice allegations and arbitrations brought by unions under collective bargaining agreements. This position is responsible for Agency labor relations among the various collective bargaining groups. Effectively interacts with labor officials and attorneys. Counsel II prepares Agency responses and presents cases before the MCAD and Civil Service. This position serves as the Privacy Officer for the Agency and advises on all privacy issues and requirements. Prepares regulations for the implementation of the agency’s programs and policies; prepares directives and instructions for agency staff to implement judicial and/or administrative decisions as well as policies of the agency and the Department of Veterans’ Services. The Counsel II represents the agency at administrative hearings; assists in the defense or prosecution of cases by the Attorney General’s Office; represents the agency in court under the aegis of the Attorney General’s Office as a Special Assistant Attorney General as appropriate. Maintains liaison with Attorney General’s office on suits filed in Federal and State Courts. Reviews contracts, memoranda of agreement, interagency service agreements, and other documents on behalf of the agency. Reviews tort and other claims and interviews agency personnel to obtain information regarding such claims. Consults with General Counsel of the Department of Veterans’ Services regarding proposed settlements and/or appeals of administrative and judicial decisions. Confers with agency staff and the Department of Veterans’ Services in reviewing proposed legislation to determine its impact on agency functions. Recommends whether to settle, prosecute, or defend cases. Conducts other administrative hearings as appropriate. Serves as a member of agency’s senior leadership group. Acts as the key contact with court personnel and public officials; such as State police, federal and state agencies within and outside of Massachusetts, local courts and agencies regarding employee arrests, Veteran issues/complaints against Veterans, etc. Performs related duties such as writing correspondence, memoranda and reports; scheduling hearings and conferences; updating reference materials; and maintaining status of other matters as appropriate and conducts internal investigations on a variety of matters including employee and Veteran issues. Performs other duties as deemed appropriate by agency leadership and the Department of Veterans’ Services.
Qualifications:
Entrance Requirements: Applicants must have a Juris Doctor (JD) degree, admission to the Massachusetts Bar and (A) at least three years of full-time, or equivalent part-time, professional experience in the practice of law. Incumbents may be required to have a current and valid Motor Vehicle Driver’s License at a Class level specific to assignment.
Preferred Qualifications:
Knowledge of the theory, principles and practices of law. Knowledge of legal research methods and procedures. Knowledge of procedures followed in judicial, quasi-judicial, and administrative Knowledge of laws and regulations applicable to veterans, elders, and health care matters at both the state and federal level. Knowledge of the theory, principles and practices of employment and labor law. Knowledge of advocacy techniques and strategies. Knowledge of the methods and ability to conduct complex legal research and technical report writing. Ability to address complicated legal issues. Ability to analyze and determine the applicability of legal data, draw conclusions and make appropriate recommendations. Ability to read, interpret, and convey information regarding legal documents such as decisions, briefs, contracts, opinions, laws, and regulations. Ability to exercise discretion in handling confidential information through compliance with rules of disclosure and in advising agency leadership regarding policies and labor relations matters. Ability to manage multiple projects, to manage time, and to set priorities. Ability to be on call as needed for emergency situations and consultation and advisement.
Comments:
This position has been deemed confidential by the Office of Employee Relations (OER). PROVISIONAL APPOINTMENT A criminal background check will be completed on the recommended candidate as required by the regulations set forth by the Executive Office of Health and Human Services prior to the candidate being hired. For more information, please visit http://www.mass.gov/hhs/cori
How To Apply:
If you are applying for this position on-line, you must create a profile and log in .
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If you do not wish to apply for this position on-line, and would prefer to send your resume and cover letter by mail or fax please forward it to: Deb Kortekamp, Employment and Staffing EOHHS/DCS-Central West Region 140 High Street, Suite 150 Springfield, MA 01105 Or to Fax # (413)205-1609 When applying for a position remember to include posting ID# J50585 and Job Title Counsel II on all correspondence. Applications must be received by close of business on the deadline date. Applications received by this office after the stated deadline will not be considered. EMAIL submissions sent to the hiring point of contact will not be considered. Please help the environment, by not mailing and faxing your resume and cover letter-only do one or the other.
Agency Web Address:
http://www.mass.gov/hly/
The Commonwealth acts in good faith to affirmatively recruit a diverse population.If you wish to self-identify, please click on the links below. Completing this formis voluntary. If you choose to self-identify, please note that all Affirmative Actionand Disability data is kept in a confidential file.
Link to Disability Form (return this form to the ADA Coordinator listed below)
http://www.mass.gov/anf/docs/hrd/odeo/veterans/disabled-veteran-applicant-self-id-form.doc
Link to the Veterans Forms (return this form to the Diversity Officer listed below)
http://www.mass.gov/anf/docs/hrd/odeo/veterans/gender-race-veteran-applicant-self-id-form.doc
Diversity Officer/ADA Coordinator:
Shawna Biscone, (413) 552-4705
An Equal Opportunity/Affirmative Action Employer. Females, minorities, veterans, and persons with disabilities are strongly encouraged to apply.