- Represents the DOC at administrative hearings, civil service, arbitration, and Department of Unemployment Assistance hearings.
- Responsible for filing motions, answering complaints, and drafting charge letters to promote the agency's position and statutory obligations in relevant forums.
- Obtains information needed to represent the DOC at administrative hearings, civil service, and arbitration hearings by conducting pre-hearing conferences to clarify issues or encourage settlement.
- Conducts interviews with witnesses, consults other DOC staff and legal representatives of the parties involved, reviews case files, transcripts of previous hearings, administrative decisions and other records of case proceedings, reviews collective bargaining history, conducts legal research, and reviews memoranda by litigant representative for rebuttal to determine issues involved, conducts legal research and reviews legal precedents, and whether further investigation is needed to provide additional documentation.
- Travels to and from Department Institutions and Divisions to prepare witnesses, gather documents, and conduct hearings.
- Prepare cases for presentation before administrative hearings officers, civil service commissioners, and arbitrators.
- Decides which cases to prosecute, determines strategy to be used in the prosecutions, defense or settlement of cases, determines which documents to subpoena; determines which witnesses will appear at hearings in connection with deciding what agency evidence may be released in accordance with the Public Information Act, prepares briefs, assembles the procedural format of hearings to ensure that all testimony, evidence and legal precedents supporting the agency's position are adequately represented.
- Provides legal guidance on employee disciplinary matters throughout the Department.
Preferred Qualifications:
Knowledge of the theory, principles, and practices of law including labor, employment, and workers' compensation law, knowledge of the procedure followed in administrative proceedings; knowledge of the terminology, symbols, and standard abbreviations used in legal practice, knowledge of the methods of technical and general report writing; knowledge of legal research methods and procedures; ability to read and interpret legal documents such as decisions, briefs, opinions and contracts; ability to understand and apply laws, rules and regulations governing agency operations and assigned unit activities; ability to exercise sound judgment; ability to exercise discretion, in confidential information; ability to prepare technical and general reports; ability to explain the provisions of the laws, rules, regulations and procedures, guidelines and policies governing agency operations and assigned unit activities; ability to analyze and determine the applicability of legal data, to draw conclusions and make appropriate recommendations; ability to work independently; ability to gather information through questioning and observing individuals and by examining records and documents; ability to establish rapport and maintain harmonious working relationships with others, ability to interact with people who are under physical and/or emotional stress; ability to deal effectively with others; ability to maintain a calm manner in stressful and/or emergency situations, ability to assemble items of information in accordance with established procedures; ability to maintain accurate records; ability to give written and oral instructions in a precise, understandable manner, ability to conduct interviews; ability to write concisely and effectively, to express thoughts clearly and to develop ideas in logical sequence; ability to make effective oral presentation; ability to communicate effectively in oral expression.
Comments:
This is a Civil Service position. Please note that salaries for union positions are determined according to the provisions of the respective collective bargaining agreement. Applicants must have no felony convictions, to include any actions defined in 5 U.S.C. 301; U.S.C. 509, 510; 42 U.S.C. 15601-15609. The Massachusetts Department of Correction shall not hire anyone who may have direct contact with offenders, who has engaged in sexual abuse in a prison or other institution as defined in 42 U.S.C. 1997; or who has been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force or coercion, or if the victim did not consent or was unable to consent or refuse, or who has been civilly or administratively adjudicated to have engaged in the activity described in the above paragraph. The agency shall consider any incidents of sexual harassment in determining whether to hire anyone who may have contact with offenders or residents.
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