Counsel III - Enforcement and Investigations Unit

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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.

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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.

The Division of Banks is currently accepting applications for the position of Counsel III in the Enforcement & Investigation Unit.  This role will support the legal functions of the agency’s Enforcement & Investigations Unit.

About the Division\:

The mission of the Division of Banks is to ensure a sound, competitive, and accessible financial services environment throughout the Commonwealth. The Division maintains public confidence in Massachusetts financial institutions through the oversight of state-chartered banks and credit unions, and non-bank financial service providers. The Division licenses and supervises non-bank financial service providers including those in the mortgage, money service businesses, sales finance, and debt collection industries that do business within the Commonwealth. The majority of the Division's employees are Examiners who conduct a variety of on-site and off-site examinations of financial institutions and licensed entities under the Division's jurisdiction. To learn more about the Division of Banks, click here.

The Division of Banks is committed to ensuring a diverse and inclusive workplace where all employees feel respected, valued, and empowered to maximize their skills and talents to serve our citizens. The Division is committed to creating and sustaining a work culture that is welcoming, inclusive, and mutually respectful to all its employees regardless of race, color, age, creed, religion, national origin, ethnicity, sex, gender identity or expression, sexual orientation, genetic information, veteran or disability status. We strive to reflect diversity in all facets and levels of our agency. The Division values inclusiveness and diversity within their examination and management teams. Within our community we strive to create and maintain working and learning environments that are inclusive, equitable, and welcoming.

As a Counsel III, you can expect to\: 

• Provide legal support services to the Division of Banks’ enforcement unit and field examination staff
• Draft formal enforcement orders, regulatory approvals, legal opinions, and other legal documents
• Act as prosecuting counsel at hearings for the purpose of revoking licenses and banning individuals from working in the industry
• Assist personnel in the Consumer Assistance Unit with legal issues and consumer inquiries

Consider joining our team if you\: 

• Have six or more years of experience practicing law
• Have prior experience in administrative law and litigation
• Are comfortable communicating with varying levels of management, both internally and externally
• Are able to research and develop solutions to various complex issues and questions
• Are able to articulate and discuss complex legal issues in an effective manner

Preferred Qualifications\: 

• Experience in financial services and/or administrative law
• Familiarity with Massachusetts General Laws and laws and regulations surrounding banking and financial services

Work/Life Balance\: 

• Hybrid Position\: Staff of the Enforcement and Investigations Unit have the opportunity to work from home but also are periodically required to be on site either at a Division office (located in Boston, Lakeville, Woburn, and Springfield), a regulated entity, or in court. This position will require staff to report to the agency’s Boston office at least once every two weeks.
• Flexible Schedule\: Enforcement and Investigations staff have various options for\: start and end times, and every other Friday off.

This position is a union position in the National Association of Government Employees (NAGE) Unit 6 and the salary is within Grade 21. Salary (step) placement is based on relevant experience.

In addition to flexible work schedules and locations, Division employees are eligible for competitive Commonwealth of Massachusetts employee benefits which include generous leave policies, the Commonwealth’s State Employee’s Retirement Plan, and tuition remission at state colleges and universities. The Counsel III will benefit from trainings available through the Division, our regulatory partners, and the Commonwealth.

Primary Duties:

• Work with and provide support to field staff and Consumer Assistance Unit staff regarding legal research and interpretation on findings from examinations and consumer complaints. 
• Provide legal services to the Division of Banks' enforcement unit and field examination staff for all facets of state and federal banking law including mortgage lender, broker, and loan originator regulations.  
• Draft regulatory enforcement orders and consent agreements, working closely with the Non-Depository Institution Supervision and Depository Institution Supervision sections of the Division.
• Interface with attorneys representing licensed entities in the enforcement process and related follow up communications.
• Respond to requests for legal advice and information from regulated entities, industry representatives, attorneys, and consumers regarding statutes, regulations, and interpretations to regulated financial institutions and licensees.
• Ensure that accurate legal information reflecting the position of the Division is conveyed and correctly interpreted within the industry.
• Interface with various state and federal regulators, including the CFPB, FDIC, HUD, Federal Reserve Bank, CFPB, Office of the Comptroller of the Currency, and National Credit Union Administration to review regulatory enforcement action and other legal matters.
• Participate in administrative/adjudicatory hearings relative to the issuance, suspension, or revocation of licenses to the over 3,500 regulated licensees and more than 4,000 licensed loan originators under the jurisdiction of the Division.  Act as various roles at administrative/adjudicatory hearings, including prosecuting counsel. 

 Preferred Qualifications:

• Six or more years of experience practicing law, including administrative law and litigation.
• Extensive and thorough knowledge of Massachusetts and Federal Banking Law, structure of state and federal banking institutions and licensed entities, and legislative processes. Familiar with principles of Administrative Law, Commercial Law, financial analysis, and principles of bank and licensee operations and management.
• Ability to research and develop solutions for problem areas encountered; perform thorough analysis of complex legal issues and identify proposed solutions to same; and exercise discretion and sound judgment.
• Ability to successfully interact with people at high levels of authority outside the agency, maintaining effective relationships despite conflict situations.
• Ability to clearly articulate the Division's position on particular legal issues.
• Ability to write concisely, to express thoughts clearly, and to develop ideas in logical sequence. Ability to give written and oral instructions in a precise, understandable manner.
• Ability to anticipate and analyze difficult situations and take corrective action to prevent problems from occurring.
• Ability to exercise discretion in safeguarding information through compliance with rules of disclosure.

The filling of this position is subject to appropriation and obtainment of all necessary approvals from the Office of Consumer Affairs and Business Regulation and the Executive Office for Administration and Finance. The Division reserves the right not to fill this position without notice. This position will report directly to the Chief Director within the Enforcement and Investigations Unit.

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