Assistant General Counsel

The Department of Mental Health (DMH) is seeking an experienced Assistant General Counsel (Counsel II) to provide legal services on behalf of the Department’s Legal Division. Under the direction of the General Counsel, the Assistant General Counsel provides legal advice, representation and assistance in all aspects of administrative and civil litigation, including but not limited to matters involving labor relations and discrimination, and supports Senior Legal Office attorneys in managing DMH's litigation practice.

Duties and Responsibilities (these are a general summary and not all inclusive):

• Provides legal services through Legal Division’s Central Office with primary focus on administrative and civil litigation appeals and litigation support by using legal skills so that the Department’s position is well presented on matters such as civil comment appeals, administrative hearings regarding service planning and service authorization appeals, or hearings before the Bureau of Special Education Appeals. Litigation support includes, but is not limited to, issuance and tracking of litigation holds, tort claim presentments, liaison with Attorney General’s Office, preparation of discovery, drafting and responding to pleadings.
• Provides legal services in all matters relating to labor and employment law; serves as a litigation counsel for the Department in employment-related administrative actions, including at the Massachusetts Commission Against Discrimination (MCAD), Equal Employment Opportunity Commission (EEOC), Department of Unemployment Assistance (DUA), the Department of Labor Relations (DLR), the Division of Administrative Law Appeals, the Civil Service Commission, and other forums.
• Provides legal services in appeals of commitment cases to the Appellate Division of the District Court or Boston Municipal Court and provides backup coverage for GL. ch. 123 commitment and substituted judgment cases in District Court and Boston Municipal Court and 9(b) appeals in Superior Court, including legal research, drafting and filing of petitions, motions and other pleadings, trial preparation, including exhibits and examination of witnesses, witness preparation and representation of the Department at the hearing.
• Provides backup coverage for guardianship cases and hearings in Probate Court, including legal research, drafting and filing of petitions, motions and other pleadings, trial preparation, including exhibits and examination of witnesses, witness preparation and representation of the Department at the hearing
• Assists staff and the Commissioner in developing and implementing legally sound employment policies, regulations, and decisions, including without limitation in the areas of anti-discrimination and collective bargaining.
• Participates with management attorneys in developing Department strategy and legal analyses in areas of litigation, employment and labor, business operations and policy development
• Provides legal consultation and advice to Department staff by conference and in writing so that they are aware of any legal issues which need their consideration.
• Conducts legal research on a variety of legal issues relating to the operation of the Department by using legal research methods so that the Department can be informed about legal issues affecting its operation.
• Prepares legal memoranda, petitions, motions, reports and opinions by conducting research and analyzing the facts and the law so that sound legal positions are taken and advice is provided.
• Participates in drafting of regulations, legislation, or policy, upon request, by applying legal skills to ensure that the Department’s mandates are clearly and accurately expressed.
• Interprets laws, legal documents, court decisions and opinions relating to the Department and provides legal analysis so that the Department will be able to make well-informed decisions.
• Supports DMH's business functions.
• Performs other duties as assigned by DMH General Counsel or designee.

Required Qualifications:

• Knowledge of theory and practice of law.
• Experience with Civil trial and appellate practice.
• Knowledge of legal research methods and procedures.
• Ability to read and interpret legal documents.
• Ability to exercise independent judgment, handle matters in a professional manner.
• Ability to prepare technical and general reports and opinions and be detail oriented.
• Exceptional verbal and written communication skills.
• Ability to work effectively both independently and as part of a team
• Member of Massachusetts Bar

Preferred Qualifications:

• Experience in legal practice case management and administrative litigation.
• Ability to work well under pressure and with a diverse work and client population.
• Working knowledge of Agency law.
• Ability to establish good working relationships with individuals internally and externally, so that duties and responsibilities can be carried out effectively and efficiently.
• Given the population served, bilingual or multilingual fluency.

Please note: The incumbent will be assigned to DMH's Central Office as a primary site, but travel to other locations will be required as needed.

Also, this position is designated as "confidential", and as such is excluded from Bargaining Unit 6 under the NAGE collective bargaining agreement. Therefore, most benefits are governed by the Commonwealth's "Red Book". (For example: your dental/vision benefits will be with the Group Insurance Commission).

DMH Mission Statement:

The Department of Mental Health assures and provides access to services and supports to meet the mental health needs of individuals of all ages, enabling them to live, work and participate in their communities. The Department establishes standards to ensure effective and culturally competent care to promote recovery. The Department sets policy, promotes self-determination, protects human rights and supports mental health training and research

Pre-Offer Process:

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

Education, licensure and certifications will be verified in accordance with the Human Resources Division’s Hiring Guidelines.

Education and license/certification information provided by the selected candidate(s) is subject to the Massachusetts Public Records Law and may be published on the Commonwealth’s website.

If you require assistance with the application/interview process and would like to request an ADA accommodation, please click on the link and complete the Reasonable Accommodation Online Request Form

For questions regarding this requisition, please contact the Executive Office of Health and Human Services, Human Resources at 1-800-510-4122 Ext. #2.

Comprehensive Benefits

When you embark on a career with the Commonwealth, you are offered an outstanding suite of employee benefits that add to the overall value of your compensation package. We take pride in providing a work experience that supports you, your loved ones, and your future.

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