Deputy General Counsel - INTERNAL to State Government
Deputy General Counsel - INTERNAL to State Government
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$ 87849 - 126587
1 Vacancy
Job Description
Description of Work
- Are you looking for a rewarding legal position in a multifaceted state agency Consider this Deputy General Counsel position with the North Carolina Department of Public Safety.This position is an Assistant Agency General Counsel II which performs advanced legal support work and independently and routinely provides legal counsel and advice to senior management on liability prevention strategies and risk management services for the Department particularly related to employment law.Job duties of this position include:
- Resolving complex legal issues and providing legal guidance to agency supervisors and leadership on realtime employment matters legal aspects of policy questions and operating problems
- Rendering legal opinions on important statutory and constitutional issues for which there is no defined legal precedent
- Serving as liaison to the Attorney Generals Office including the Public Safety Section the Tort Claims Section and the Workers Compensation Section
- Providing opinions in cases involving novel or complex facts or issues and assisting NCDOJ in developing effective litigation strategies
- Appearing as the Departmental representative at mediations including settlements and cases involving issues of first impression with a lack of precedentsetting case law and untried statutory or regulatory law on which to base strategies or arguments
- Evaluating the merits of a case developing strategies for a case and researching points of law in the case and assisting the Attorney Generals Office in preparing for litigation
- Playing a critical role in liability reduction by assisting in formulation of policies procedures and rules and ensuring compliance with constitutional and statutory constraints and accepted procedures in human resources
- Identifying training needs and providing training and presentations to senior managers across DPS related to emerging issues and other riskreduction strategies
- Providing legal guidance to assist in the development of operating and training materials and evaluation of current programs to include making revisions to programs or resources when needed
- Monitoring pending litigation involving DPS and providing technical assistance to relevant stakeholders especially in matters pending before the NC Industrial Commission the Office of Administrative Hearings Federal or Superior Court
- Acting as the Departments point of contact for the Equal Employment Opportunity Commission the Office of Administrative Hearings the North Carolina Department of Labor and other governmental entities with authority to investigate employmentrelated complaints made against the Agency
- Reviewing and evaluating the merits of employmentrelated complaints made against the Department or its employees and producing written and verbal responses to the investigating agency
- Analyzing the strengths and weaknesses of prelitigation complaints and determining strategies that reduce risk to the agency including analyzing previously litigated cases to develop and execute effective litigation strategy and arguments
- Participating and reviewing departmental policies and procedures to ensure compliance with constitutional and statutory constraints and current generally accepted practices and procedures in high liability areas
- Reviewing critical incidents and departmental investigations to determine potential liability and recommend appropriate policy changes or corrective actions
- Coordinating with the Office of Special Investigations (OSI) and the DPS Equal Employment Opportunity Office to review investigations and determine liability defensibility and sufficiency of the investigation
- Determining settlement authority within preset limits and coordinating with management to ensure budgetary needs are complied with
- Negotiating with private attorneys in an effort to control employmentrelated litigation costs and proactively manage complaints made against the agency
- Drafting and reviewing legal documents including making negotiations with potential vendors and incorporating changes into proposals
- Reviewing and drafting rules which incorporate policies and enforceable standards recognized as mandatory by the Office of Administrative Hearings and the State and Federal Court System
- Supervise at least one subordinate attorney including providing leadership training task assignment and monitoring of work performed
Special assignments may be assigned to this position by the Secretary Chief of Staff General Counsel or Chief Deputy General Counsel. Since these projects are usually sensitive and of an urgent nature this position is required to complete these assignments in an expedited manner utilizing all the knowledge and skills necessary.
This position requires the ability to:- Function independently with little supervision while accomplishing a variety of highlevel tasks
- Communicate with a with a wide variety of state federal and local officials including legislators judicial personnel agency personnel colleagues clients and the public
- Oversee complex civil litigation in trial and appellate courts
- Interpret and apply laws constitutional provisions administrative regulations and court decisions
- Analyze facts evidence legal problems and legal instruments and render formal opinions
- Express conclusions and arguments clearly and logically in oral and written form
- Develop creative solutions strategize for best legal outcomes and draft settlement agreements in complex cases
- Maintain current knowledge of employment law including the North Carolina Human Resources Act Title VII ADA ADAAA FMLA and workers compensation
- Understand and utilize legal jurisprudence and theory judicial proceedings and differing court structure requirements in the development of case strategy and tactics
- Maintain and apply an indepth knowledge of departmental programs and operations in order to provide experienced legal analysis and advice especially with respect to employment laws applicable to state agencies
This is a fulltime position (40 hours per week) withState Benefitsincluding paid vacation paid sick leave paid holidays retirement and health insurance.To viewan example oftotal compensation please click hereNC OSHR: Total Compensation Calculator.About the Office of the General Counsel:The Office of the General Counsel (OGC) provides to executive management and managers oral and formal written legal opinions on laws constitutional provisions administrative rules and regulations court decisions and other precedents impacting the departments policies and operational procedures. This section drafts departmental rules and regulations operational guidelines contracts departmentsponsored legislation and other legal documents. Attorneys in the OGC provide oral and written responses to inquiries by federal state and local officials including legislators judicial officials law enforcement personnel and citizens about the departments policies and practices and the statutes and regulations it enforces. The OGC advises the Secretary and executive management on the merits of litigation against or on behalf of the department. Knowledge Skills and Abilities / Competencies
DPS uses the MeritBased Recruitment and Selection Plan to fill positions subject to theState Human Resources Actwith the most qualified individuals.
The KnowledgeSkillsand Abilities (KSAs) listed below along with the Minimum Education and Experience(E&E)are REQUIRED toqualify for this position. All work history and education(includingaccuratedates of employment/attendance)must be documented on the application.Supplemental Questions are also a required part of the application: answers must reference education or work experience listed on the application.Acomplete allinclusiveapplicationmaximizesan applicantspotentialtoqualify for theposition as well as thehighestpossiblesalary.Salarywill be based on relevant qualifications internal equityand budgetary considerations pertinent to the advertised position.Click here for more information and application resources.
Resumes may be attached as a supplement to the application but arenota substitution for a complete application.
To qualify for this position applicants mustdemonstrateALL ofthe followingKSAs:
Experience utilizing case statutory regulatory and/or common law in the development of a legal argument
Experience litigating/representing a State agency in a judicial or quasi judicial case related to employment law
Management Preferences(Optional):These skills are notbut managers may choose to interview/select applicants whodemonstrateManagement Preferences.
Experience supervising attorneys
Minimum Education and Experience Requirements
- Some state job postings say you can qualify by an equivalent combination of education and experience. If that language appears below then you may qualify through EITHERyearsof education OR years ofdirectly relatedexperience OR a combination of both. See details.Licensed to practice law by the North Carolina State Bar and three years of progressively responsible professional legal experience.NOTE: GS 1142 and 1146 make it the duty of the Attorney General of NC to represent the State of North Carolina in all litigation unless another statute specifically states otherwise.
Supplemental and Contact Information
The North Carolina Department of Public Safety (DPS) is an Equal Opportunity Employer who embraces an Employment First philosophy which consists ofcomplying withall federal laws state laws and Executive Orders. Consistent with the Americans with Disabilities Act (ADA) we are committed to full inclusion of qualified applicants and will review requests for reasonable accommodation to perform essential job functions during the hiring process or while on the job.
Public Service Loan Forgiveness Program
For applicants with student loans becoming a state employee may include eligibility forthe Public Service Loan Forgiveness Program.Visitto learn more.
Transcripts
Attaching transcripts is optional however we recommend applicants attach unofficial transcripts toassistin providing credit for education including in substituting education gained for experience. Additionally qualifying for some positions may require validating hours of coursework in a specific field of study and transcripts are crucial to awarding credit. Degrees and transcripts must be achieved from an appropriately accredited college or university.
Applicants who earned college credit hours but did not complete a degree program must attach an unofficial transcript to receive credit for education.
International degrees and transcripts must be evaluated for accreditation by a recognized evaluation serviceby the closing date of this posting. Failure to provide documentation may result in ineligibility. The National Association of Credential Evaluation Services (NACES) has several options to provide credential verification: seeking Veterans Preference must attach a DD214 Form (Certificate of Release or Discharge from Active Dutythat includes Character of Discharge Member 4 or Service 2 form)to the application.
Applicants seeking National Guard Preference:
Acurrent member of the NorthCarolinaNational Guard in good standingmust attach a NGB 23A (RPAS).
A formermember of the North CarolinaNational Guard who served for at least 6 years and weredischarged under honorable conditions must attach either a DD256 or NGB 22.
The NC Dept. of Public Safety must adhere to the US Dept. of Justice Final Rule on the National Standards to Prevent Detect and Respond to Prison Rape.PREA Hiring and Promotion Prohibitions
Due to the volume of applications received we are unable to provide informationregardingthe status of your application.Please log in to yourGovernment Jobsaccount and click Application Status.If you are selected for an interview you will be contacted bythe hiringmanager. If you are no longer under consideration you will receive an email notification.
#COSFor technical issues with your application please call the Applicant Support Help Line at. If there are any questions about this posting other than your application status please contact Faith Riggsbee at .
Employment Type
Full-Time
