Counsel II - Enforcement and Investigations Unit

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The Division of Banks is currently accepting applications for the position of Counsel II in the Enforcement & Investigation Unit. This role will provide various levels of legal support to the Division’s Consumer Assistance and Enforcement & Investigations functions.

About the Division\:

As an employee of the Division of Banks, you will contribute to the mission of the Division of Banks by ensuring 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 as well as non-depository licensees doing business in Massachusetts. We are a consumer protection agency and we support financial literacy education and programs benefitting residents across 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.

At the Division of Banks every employee’s ideas and experiences are welcomed. We value and respect that each individual brings different skills and perspectives that uniquely contribute to our agency and the work that we do. It is important that each employee feel empowered to contribute as this allows for more effective collaboration and better results. Within our workplace community, we offer a variety of training and mentoring to create and maintain learning environments that are inclusive, equitable, and welcoming.

To learn more about the Division of Banks, click here.

As a Counsel, you can expect to\: 

• Provide legal support and answer legal questions from staff involved in the Consumer Assistance and Enforcement functions of the agency.
• Prepare legal documents relating to enforcement actions taken by the Division.
• Interface with staff at other agencies involved in financial regulation and consumer protection.
• Occasionally represent the Division at various hearings relating to enforcement actions. 

Consider joining our team if you:

• Are interested in a public position and enthusiastic about serving the public good.
• Are interested in the supervision and regulation of the banking, credit union, and financial services industries.
• Have experience in financial, banking, or administrative law.
• Have experience in litigation.
• Are eager to embrace new challenges and learning opportunities while working in a team environment.
• Have a proven 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.
• Are able to successfully interact with people at high levels of authority outside the agency and maintain effective relationships despite conflict situations.
• Are an effective writer who is able to express complex topics or instructions in a concise and clear manner. 

Preferred Qualifications:

We encourage individuals who believe they have the skills necessary to thrive to apply for this role, even if you don’t meet 100% of the job qualifications. 

• 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.
• Experience in financial, banking, or administrative law.
• 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.
• Willing and able to travel throughout the Commonwealth of Massachusetts and travel out-of-state with some overnight stay (dependable way to travel to multiple sites around Massachusetts is required; driver’s license and access to a vehicle are recommended). 

Work/Life Balance\: 

• Hybrid Position\: Division staff have the opportunity to work from home but also are periodically required to be on site at a regulated institution, or one of our four regional offices (Boston, Lakeville, Woburn, or Springfield). Some out of state travel may be required.
• Flexible Schedule\: Division staff have various options for\: start and end times; and every other Friday off.

The Counsel II position is a union role in the National Association of Government Employees (NAGE) Unit 6 and is covered by the union contract and benefits. This position has a salary range of $84,243.38-$122,903.04 (Grade 17). Salary (step) placement will be determined based on experience.

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 support 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. 

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 a Regional Field Manager within the examination unit.

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.