Deputy General Counsel - INTERNAL to State Government

Are you looking for a rewarding legal position in a multi-faceted 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 real-time 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 General's 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 precedent-setting 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 General's 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 risk-reduction 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 Department's 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 employment-related complaints made against the Agency
• Reviewing and evaluating the merits of employment-related complaints made against the Department or its employees and producing written and verbal responses to the investigating agency
• Analyzing the strengths and weaknesses of pre-litigation 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 pre-set limits and coordinating with management to ensure budgetary needs are complied with
• Negotiating with private attorneys in an effort to control employment-related 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 high-level 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 in-depth 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 full-time position (40 hours per week) with State Benefits, including paid vacation, paid sick leave, paid holidays, retirement, and health insurance. To view an example of total compensation, please click here NC 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 department's policies and operational procedures. This section drafts departmental rules and regulations, operational guidelines, contracts, department-sponsored 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 department's 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.

Salary

• $87,849 - $126,587/year

Qualifications

Knowledge, Skills and Abilities / Competencies

DPS uses the Merit-Based Recruitment and Selection Plan to fill positions subject to the State Human Resources Act with the most qualified individuals.

The Knowledge, Skills and Abilities (KSAs) listed below, along with the Minimum Education and Experience (E&E)are REQUIRED to qualify for this position.? All work history and education (including accurate dates 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. A complete, all-inclusive application maximizes an applicant’s potential to qualify for the position, as well as the highest possible salary. Salary will be based on relevant qualifications, internal equity, and 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 are not a substitution for a complete application.]

To qualify for this position, applicants must demonstrate ALL of the following KSAs:

• 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 not required but managers may choose to interview/select applicants who demonstrate Management 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 EITHER years of education OR years of directly related experience, OR a combination of both. See oshr.nc.gov/experience-guide for details.

Licensed to practice law by the North Carolina State Bar and three years of progressively responsible professional legal experience.

NOTE: GS 114-2 and 114-6 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.

How to Apply

The North Carolina Department of Public Safety (DPS) is an Equal Opportunity Employer who embraces an Employment First philosophy which consists of complying with all 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 for the Public Service Loan Forgiveness Program. Visit www.studentaid.gov to learn more.

Transcripts

• Attaching transcripts is optional, however, we recommend applicants attach unofficial transcripts to assist in 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 service by 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: https://www.naces.org/members.

Military Experience

• Applicants seeking Veteran's Preference must attach a DD-214 Form (Certificate of Release or Discharge from Active Duty that includes Character of Discharge - Member 4 or Service 2 form) to the application.

• Applicants seeking National Guard Preference:

• A current member of the North Carolina National Guard in good standing must attach a NGB 23A (RPAS).

• A former member of the North Carolina National Guard who served for at least 6 years and were discharged 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 information regarding the status of your application. Please log in to your Government Jobs account and click "Application Status." If you are selected for an interview, you will be contacted by the hiring manager. If you are no longer under consideration, you will receive an email notification.

For technical issues with your application, please call the GovernmentJobs.com Applicant Support Help Line at 855-524-5627. If there are any questions about this posting other than your application status, please contact Faith Riggsbee at faith.riggsbee@ncdps.gov.

#COS Benefits

NOTE: For temporary, contract or other supplemental staffing appointments: There are no paid leave, retirement or other benefits associated with these appointment types.

For permanent and time-limited appointments:
Eligible employees have benefits that include employee health insurance options, standard and supplemental retirement plans, NC Flex (a variety of high-quality, low-cost benefits on a pre-tax basis), and paid vacation, sick, and community service leave, to name a few. Paid parental leave is available for eligible employees. Some benefits require 30 + hours work/week for participation.