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Job Details

Counsel II

Company name
Massachusetts Department of Correction

Norfolk, MA

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Review approved requests for internal disciplinary hearings and draft charge letters in accordance with M.G.L. c. 31, § 41, for the Commissioner’s signature. Draft letters of discipline for Superintendents and Division heads (which may require gathering relevant documentation). Analyze cases to define issues and determine strategies to be employed in prosecuting cases at disciplinary hearings and defending the Department’s action on appeal. Administratively prosecute the charges set forth in the charge letters, and represent the Department before the Civil Service Commission, the Division of Administrative Law Appeals, the Division of Unemployment Assistance and at Arbitration. Specific duties include, but are not limited to: conducting legal research; interviewing witnesses; gathering documents and other evidence; conducting discovery (e.g., subpoenaing relevant documents and witnesses, responding to document requests); reviewing collective bargaining agreements and history; presenting evidence; making oral arguments; and filing motions and other legal documents in support of the agency's position (e.g., post hearing briefs). Incumbents of this position are also expected to recommend settlement and draft settlement documents when in the best interest of the Department, and relay settlement offers presented by Unions/employees. Advise Department management and staff on matters within their area of expertise, and perform other duties as requested (e.g., provide guidance and draft opinions regarding Department policies and procedures).

Preferred Qualifications:

Membership in the Massachusetts Bar Association.

Knowledge of the theory, principles, and practices of law including labor, employment, and workers' compensation law, knowledge of the procedure followed in administrative proceedings; knowledge of the terminology, symbols, and standard abbreviations used in legal practice, knowledge of the methods of technical and general report writing; knowledge of legal research methods and procedures; ability to read and interpret legal documents such as decisions, briefs, opinions and contracts; ability to understand and apply laws, rules and regulations governing agency operations and assigned unit activities; ability to exercise sound judgment; ability to exercise discretion, in confidential information; ability to prepare technical and general reports; ability to explain the provisions of the laws, rules, regulations and procedures, guidelines and policies governing agency operations and assigned unit activities; ability to analyze and determine the applicability of legal data, to draw conclusions and make appropriate recommendations; ability to work independently; ability to gather information through questioning and observing individuals and by examining records and documents; ability to establish rapport and maintain harmonious working relationships with others, ability to interact with people who are under physical and/or emotional stress; ability to deal effectively with others; ability to maintain a calm manner in stressful and/or emergency situations, ability to assemble items of information in accordance with established procedures; ability to maintain accurate records; ability to give written and oral instructions in a precise, understandable manner, ability to conduct interviews; ability to write concisely and effectively, to express thoughts clearly and to develop ideas in logical sequence; ability to make effective oral presentation; ability to communicate effectively in oral expression.

Applicants must have no felony convictions, to include any actions defined in 5 U.S.C. 301; U.S.C. 509, 510; 42 U.S.C. 15601-15609. The Massachusetts Department of Correction shall not hire anyone who may have direct contact with offenders, who has engaged in sexual abuse in a prison or other institution as defined in 42 U.S.C. 1997; or has been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force or coercion, or if the victim did not consent or was unable to consent or refuse, or has been civilly or administratively adjudicated to have engaged in the activity described in the above paragraph. The agency shall consider any incidents of sexual harassment in determining whether to hire anyone who may have contact with offenders or residents.


First consideration will be given to those applicants that apply within the first 14 days.


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.

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Massachusetts Department of Correction
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