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State of Massachusetts Counsel III in Boston, Massachusetts

Counsel III – Chief Bureau Counsel, Boston Fiscal and Contracts The Massachusetts Department of Environmental Protection (MassDEP) is the state agency responsible for ensuring clean air and water, mitigation of pollutants that cause climate change, the safe management of toxics and hazards, the recycling of solid and hazardous wastes, the timely cleanup of hazardous waste sites and spills, and the preservation of wetlands and coastal resources. MassDEP seeks applicants for a senior in-house counsel position of Counsel III/Chief Bureau Counsel for Contracts and Fiscal Matters within MassDEP’s Office of General Counsel (OGC). OGC provides the in-house counsel to the MassDEP’s three major policy bureaus, four regional offices, the fiscal office and senior management. This position will be based at MassDEP’s Headquarters in Boston, MA. This position serves as the lead attorney for the Chief Financial Officer (CFO) and Bureau of Administrative Services (BAS) and supervises the work of the contracts and fiscal attorney workgroup as to legal matters related to contracts and procurements (procurements include grant solicitations), permitting and annual compliance fees, trusts, and related fiscal matters. The position will involve a combination of in-office and telework. OGC actively seeks to increase the diversity of its workforce and is interested in candidates whose experiences, skills and qualifications support an ongoing commitment to this core quality. We strongly encourage candidates from diverse backgrounds to apply. OGC is interested in qualified candidates who can contribute, through their work and service, to the diversity and excellence of the office. The Chief Bureau Counsel serves as the most senior attorney to advise OGC management on all legal matters with respect to statutes, regulations, policy, and particular matters originating from the CFO and BAS Boston headquarters group. To effectively serve in these capacities, the Chief Bureau Counsel must be an expert in at least one area of law relating to contracts, grants and procurements, permitting and annual compliance fees, trusts, and related fiscal matters that is part of the core mission of the agency. The Chief Bureau Counsel also performs other legal work as assigned on all matters within or related to the jurisdiction of the Department and any bureau or region within the Department. The position requires the ability to provide legal expertise on high level policy matters of significant public importance and requires significant advanced knowledge and expertise in the law regarding contracts, grants and procurements, permitting and annual compliance fees, trusts, and related fiscal matters. The position requires the ability to provide expert and independent legal advice, both oral and written, on questions and issues related to these specialized areas of law; to provide independent advice and recommendations on a wide range of legal and policy matters to senior management within the agency; to serve as the principal legal resource in adjudicatory matters and litigation relating to this area of law; and, where appropriate, to serve as the agency’s representative on these matters in communications with the Commissioner and senior agency management, other state agencies and external stakeholders. This position requires experience and skills in the supervision of attorneys, including the provision of performance evaluation and the ability to manage and prioritize assignments of work. The Chief Bureau Counsel must also have the ability to develop and manage effective attorney-client relationships with the CFO, senior management, BAS management and program staff and the ability to mentor the attorneys in the contracts and fiscal attorney workgroup in the formation of effective client relationships. The Chief Bureau Counsel will also participate in the hiring and conduct the training of attorneys. The Chief Bureau Counsel must have the ability to keep OGC management informed of BAS matters, recognizing and elevating issues, as appropriate. The Chief Bureau Counsel must also have the ability to draft appropriate briefing materials on recommended legal opinions intended for the Commissioner, Assistant Commissioner, Division Directors, or other senior management. Specific duties for this position include, but are not limited to, the following: The significant duties of the Chief Bureau Counsel include, but are not limited to, the provision of expert legal advice with respect to legal obligations impacting fiscal operations, including but not limited to contracts, procurements, grants, fees, operating budgets, and other related contractual/fiscal matters as appropriate, including but not limited to financial assurance matters. The incumbent will provide specialized legal advice to Department managers and staff regarding contracts, grants and procurements, which is essential to MassDEP’s ability to run the programs necessary to accomplish the core missions the agency -- ensuring clean air and water, safe management and recycling of solid and hazardous wastes, timely cleanup of hazardous waste sites and spills, and the preservation of wetlands and coastal resources. The incumbent will provide expert legal advice to OGC attorneys and Department managers and staff regarding the development, drafting, review and implementation of policies, guidelines, and/or regulations, as applicable, that involve or relate to contracts, grants, procurements, fees, and other areas of incumbent’s expertise. The incumbent will negotiate and review administrative, court and other legal documents related to contracts, grants, procurements, fees, and other areas of incumbent’s expertise to ensure that such documents are complete, accurate and in compliance with applicable law. The incumbent will develop Financial Assurance Mechanisms (FAMs), including templates for trusts and letters of credit, consistent with departmental regulations, to govern and administer the long-term operation and maintenance of reclaimed waste sites, closed solid waste facilities, and groundwater discharge systems, and other Department regulated operation and maintenance systems as appropriate. The incumbent will remain updated on policy, regulatory and legal developments in contracts, grants, procurements, fees, and other matters within incumbent’s expertise through participation in OGC’s legal practice groups, consultation with other attorneys and other non-attorneys within DEP, review of relevant professional literature, and participation in training opportunities the Department may provide. The incumbent will, as needed on a case-by-case basis, mentor/supervise OGC attorneys, legal interns, or paralegals regarding statutory, regulatory, and policy matters that arise in the context of contracts, grants, procurements, fees, and other areas within incumbent’s expertise. The incumbent, when assigned, will develop and conduct training for Department managers and staff on matters related to matters within incumbent’s expertise. As the Department’s legal expert in matters involving contracts, grants, procurements, fees, operating budgets, and other related contractual/fiscal matters as appropriate, including but not limited to financial assurance matters, the incumbent will serve as the Department’s primary legal contact and will interact with public officials from state and federal agencies, local municipalities, and community-based organizations. The incumbent will perform other duties as assigned, and provide accurate, consistent, and timely advice, within applicable timelines, exercise best professional judgment in prioritizing cases and matters consistent with Department management requirements; and recognizing and implementing the relative priority and importance of cases and matters. Qualifications Required at Hiring: * Extensive knowledge of law relating to contracts, procurements, grants, fees, operating budgets, financial assurance, and other related contractual/fiscal matters; * Extensive experience in drafting and negotiation of contracts and financial assurance instruments and of negotiation techniques and strategies; * Extensive knowledge of federal and state laws relating to contracts, procurements, grants, fees, operating budgets, and financial assurance; * Knowledge of environmental and administrative law is desirable; * 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; * Supervisory experience; and * Excellent oral and written communication skills. Minimum Required Qualifications: Incumbent must have a Juris Doctorate degree from a degree-granting school of law, admission to the bar of Massachusetts, at least 10 years of full-time or equivalent part-time, professional experience in the practice in environmental law, of which 3 years must be in a supervisory capacity, and a valid Massachusetts Motor Vehicle Driver’s License. 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. 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 Association, and at least (A) six years of full-time, or equivalent part time, professional experience in the practice of law in a specialized area that is relevant to the assigned agency. Based on assignment and supervisory responsibilities, three years in a supervisory capacity may be required. 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! Executive Order #595:As a condition of employment, successful applicants will be required to have received COVID-19 vaccination or an approved exemption as of their start date. Details relating to demonstrating compliance with this requirement will be provided to applicants selected for employment. Applicants who receive an offer of employment who can provide documentation that the vaccine is medically contraindicated or who object to vaccination due to a sincerely held religious belief may make a request for exemption. 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. Job: Legal Services* *Organization: Department of Environmental Protection *Title: *Counsel III Location: Massachusetts-Boston-1 Winter Street Requisition ID: 22000AR3

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