Counsel II

Commonwealth of Massachusetts
Posted Feb 01
Full Time
Boston, Massachusetts

Job Description - Counsel II (2400011D)

Job Description

Counsel II - ( 2400011D )

Description

A cover letter and resume expressing your interest in this position and a legal writing sample must be submitted as part of the application process. These documents must be specifically attached to the requisition for which you are applying.

Duty Statement

Duties

This is a position for an experienced attorney reporting to the Chief Bureau Counsel supporting the Bureau of Air and Waste (BAW) in providing legal advice and services, particularly for hazardous waste and toxics programs at MassDEP as well as compliance with environmental justice and civil rights laws, and other duties as assigned.Major duties of the positions include:

  • interpretation of laws, rules, regulations, judicial decisions and opinions, including state and federal law, related to BAW operations, including drafting of legal analysis memoranda, education of staff on the laws, rules, and policies governing such operations, providing legal advice to agency staff when resolving problems and determining appropriate actions, and drafting and reviewing contracts to ensure that all agency activities comply with applicable laws;
  • drafting of legislation, regulations and policies to assist BAW staff in implementation or improvement of agency operations and p resent memoranda supporting or opposing legislation affecting agency operations;
  • providing legal advice to support BAW licensing and permitting decisions, consistent treatment of prospective licensees/permittees, correct public notice and comment procedures under state law and consistency with federal law, including the federal Resource Conservation and Recovery Act, when applicable;
  • advocating at administrative hearings or in negotiations/dispute resolution on behalf of the clients and/or the agency to ensure the consistent application of laws and to represent the interests of the agency; develop legal strategy and effectively, efficiently manage the flow of cases and issue recommendations for final decision or resolution of cases, and for some cases, to issue or agree to final resolution without further review;
  • acting as legal representative for the agency in administrative hearings and negotiations/dispute resolution by preparing cases and agency positions, conducting research and analysis, reviewing case files, case history, and evidence submitted by opposing parties to understand the facts and issues and to determine the best evidence and witnesses to present, responding to evidence and witnesses presented by opposing parties, instructing parties and witnesses on procedural format to ensure that all testimony and evidence are properly presented;
  • when drafting legal documents (e.g. memos, decisions, contracts, deeds, pleadings, regulations, opinions, comments) ensure clear communication of information and ensuring that such documents are complete, accurate, available for future review and in compliance with law;
  • draft new policies and regulations or amendments to existing policies and regulations, based on legal research and agency needs, to streamline agency practices, support operational efficiencies and ensure agency compliance with laws;
  • communicating with representatives of other agencies, including the Legislature, and collaborate with cross-functional or cross-agency teams and stakeholders to share information, resolve issues and develop or implement new programs;
  • providing information to the public by answering inquiries regarding agency functions, services, rules, and procedures to accurately represent the agency; and
  • Prioritize and manage personal assigned workloads and caseloads as well as the workloads and caseloads of direct reports, if applicable.

Incumbents are required to have the following at the time of hire:

  • Knowledge of theory, principles and practices of law.
  • Knowledge of procedures followed in courtroom and administrative proceedings.
  • Knowledge of the methods and ability to conduct legal research and technical report writing.
  • Ability to read and interpret legal documents and apply the law, rules and regulations governing agency operations.
  • Ability to exercise discretion and sound judgment.
  • Ability to interact effectively with diverse groups of people.
  • Ability to communicate effectively, both verbally and in writing, to clearly and concisely express thoughts and develop ideas in a logical manner.
  • Ability to lead or work with cross-functional project teams and to manage multiple projects and project teams.
  • Ability to exercise discretion in safeguarding information through compliance with rules of disclosure.
  • Ability to supervise, including planning and assigning work according to the nature of the job to be accomplished, the capabilities of subordinates, and available resources; controlling work through periodic reviews and/or evaluations; determining the need for and recommending disciplinary action.
  • Ability to use a computer to conduct research, manage databases, and produce written documents.

Basic understanding of computer operations and ability to use common software programs including Microsoft Office is expected, but additional training can be provided.

Preferred Work Experience

In addition to the Minimum Entrance Requirements, an ideal candidate would have at least 5-7 years of environmental or administrative law practice experience, preferably in Massachusetts, and prior knowledge of federal or state environmental law, especially hazardous waste and toxics laws and regulations.

Qualifications

First consideration will be given to those applicants that apply within the first 14 days.

MINIMUM 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 Drivers License at a Class level specific to assignment.

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.

Want the specifics? Explore our Employee Benefits and Rewards!

An Equal Opportunity / Affirmative Action Employer. Females, minorities, veterans, and persons with disabilities are strongly encouraged to apply.

The Commonwealth is an Equal Opportunity Employer and does not discriminate on the basis of race, religion, color, sex, gender identity or expression, sexual orientation, age, disability, national origin, veteran status, or any other basis covered by appropriate law. Research suggests that qualified women, Black, Indigenous, and Persons of Color (BIPOC) may self-select out of opportunities if they don't meet 100% of the job requirements. We encourage individuals who believe they have the skills necessary to thrive to apply for this role.

Official Title : Counsel II

Primary Location : United States-Massachusetts-Boston-100 Cambridge Street

Job : Legal Services

Agency : Department of Environmental Protection

Schedule : Full-time

Shift : Day

Job Posting : Jan 31, 2024, 9:19:34 PM

Number of Openings : 1

Salary : 81,003.26 - 118,175.98 Yearly

If you have Diversity, Affirmative Action or Equal Employment Opportunity questions or need a Reasonable Accommodation, please contact Diversity Officer / ADA Coordinator : Melixza Esenyie - 6176261282

Bargaining Unit : 06-NAGE - Professional Admin.

Confidential : No

Potentially Eligible for a Hybrid Work Schedule : Yes

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