Attorney 4 - Human Resources Employment Attorney

About this position:

The position reports to the Executive Counsel. The function of this position is to defend the Department of Transportation (DOTD), a statewide agency with approximately 4200 employees, on disciplinary and employee matters.

Incumbent is required to work independently, with minimal supervision. The incumbent must maintain the highest level of professional conduct and must exercise extremely good judgment in dealing with complex and sensitive matters affecting DOTD. Incumbent is specialized in employment law and must perform all job duties in accordance with established principles of the legal profession and the legal and operational policies of the agency.

The DOTD operates statewide twenty-four hours a day, seven days a week. Job duties require a detailed knowledge of agency programs, policies, regulations, and state and federal laws, with an emphasis on human resource and civil service matters.

The incumbent may report directly to the General Counsel or Executive Counsel concerning matters and in extra sensitive cases and may also report directly to the Secretary of the Department or various Executive Level staff. This includes staff conferences with the Secretary, Executive Counsel and/or General Counsel to initiate policy on personnel problems involving actual or potential legal actions encompassing activities of personnel which could result in appeals, law suits or liabilities against the Department involving personnel matters.

Special Education & License Requirements:

• Incumbent is required to hold a Bachelor's Degree (BA or BS) and a Juris Doctorate (JD) from an ABA accredited Law School;

• Incumbent must be licensed to practice law in the State of Louisiana by the Supreme Court of Louisiana;

• Incumbent must be a member in good standing with the Louisiana State Bar Association at all times during the course of his/her employment with DOTD;

• Incumbent must have a minimum of four years' legal experience;

• Incumbent must hold a Notary Public Commission from the State of Louisiana.

This position offers Premium Pay of $2.00/hour for hours actually worked

This position may be filled as either a probational appointment (open to all qualified applicants); a promotion (open to all statewide classified and Agency-wide permanent status employees); or by detail to special duty.

Please visit our DOTD Career Center for more information about our agency:

http://wwwsp.dotd.la.gov/Inside_LaDOTD/Divisions/Mgmt_Finance/HR/Pages/Career_Center.aspx

No Civil Service test score is required in order to be considered for this vacancy.

To apply for this vacancy, click on the "Apply" link above and complete an electronic application, which can be used for this vacancy as well as future job opportunities.

Applicants are responsible for checking the status of their application to determine where they are in the recruitment process. Further status message information is located under the Information section of the Current Job Opportunities page. Applicants can check the status of their application at any time by selecting the 'Application Status' link after logging into their account.

• Resumes WILL NOT be accepted in lieu of completed education and experience sections on your application. Applications may be rejected if incomplete.*

For further information about this vacancy contact:

Cheryl McKinney

DOTD Executive Counsel

1201 Capitol Access Road

Baton Rouge, LA 70802

225-379-1009

cheryl.mckinney@la.gov

The Louisiana Department of Transportation and Development (DOTD) is an equal employment opportunity employer and serves as a model employer for individuals with disabilities. DOTD does not discriminate in employment on the basis of race, color, religion, sex, national origin, political affiliation, disability, age, or pregnancy, and prohibits harassment of any type.

Information on the Louisiana Workforce Commission, Louisiana Rehabilitation Services is available - https://www.laworks.net/workforcedev/lrs/lrs_rehabilitation.asp.MINIMUM QUALIFICATIONS:

Possession of a license to practice law in the state of Louisiana, plus four years of experience as a practicing attorney.Function of Work:

To serve as a senior attorney in a legal unit and serve as a specialist of the most complex law areas.

Level of Work:

Program Manager.

Supervision Received:

Broad review from an Attorney--Deputy General Counsel 1 or equivalent/higher ranking attorney, administrative law judge, or other agency administrator/executive. Note: Attorney 4's should not report to an Attorney Supervisor.

Supervision Exercised:

May supervise a lower ranking attorney or administrative law judge.

Location of Work:

May be used by all agencies.

Job Distinctions:

Differs from other Attorney jobs by the level of independence exercised, supervision received, supervision exercised, and the complexity of the specialized programmatic areas or hearings conducted.  The Attorney 4 is intended to be a specialist level. Not all staff level positions will be allocated to the Attorney 4 job.

Differs from Deputy General Counsel 1 by subordinate relationship.30%  Employment Law and Legal Matters: Institutes, defends and/or intervenes in any lawsuits or administrative hearings involving Civil Service and human resource matters.

Represents the Department in Civil Service tribunals, administrative tribunals, state courts and federal courts (both trial and appellate level) in matters involving DOTD employees, human resource matters, and Civil Service matters.

Representation includes activities such as reviewing case files and pertinent data, formulating legal strategy, analyzing facts, gathering evidence, interviewing witnesses, preparing and filing responsive pleadings, arguing motions and exceptions, preparing for and participating in pre-trial conferences, trying cases and preparing briefs and argument on appeals. Negotiates settlements to minimize adverse results.

Weighs effect of final court decisions regarding the setting of precedents and recommends appeals to higher courts where feasible. Monitors pending Civil Service matters and advises management of potential for adverse decisions and the potential impact upon state policies and operations. This position includes all aspects of preparing and defending the DOTD in Civil Service and requested federal or state suits.

Handles cases on appeal before the various State Courts of Appeal and the Supreme Court of the State of Louisiana, as necessary. Conducts a continuous study of applicable law and judicial decisions and updates the Executive Staff and Human Resources on actionable issues or areas of liability for the Department and provides updates to Executive Staff.

Examples include state or federal rule violations and all potential employment law matters. Stays up-to-date on proposed or adopted federal or state employment legal matters. Coordinates with DOTD's Appointing Authorities and develops and maintains a working relationship with the personnel and accounting sections of DOTD, Civil Service, and the Attorney General's Office.

Communicates with representatives of the Louisiana Attorney General's Office, the attorneys or the General Counsel attorney for Civil Service, Civil Service Referees concerning cases as well as opposing attorneys and the Federal Equal Employment Opportunity Commission, as requested. Represents the Department and acts as liaison in cases where the Department is represented by outside counsel, as requested.

25%  Advice, Counsel, Opinions and Negotiations: Subject to the direction and control of the General Counsel and Deputy General Counsel, this attorney serves as in-house counsel for the Compliance Section of DOTD. In that capacity, the incumbent of this position must have knowledge and understanding of the following Federal Regulations that govern the Title VII/Affirmative Action Program and Title VI/ADA Program.

49 CFR 27.11 and Executive Order 12250 (Title VI/ADA Program), 28 CFR 35.190 (Title VI/AFA Program), Executive Order 12876 (Title VI/ADA Program - HBCU), 23 CFR 200 (Title VI/ADA), 23 CFR Part 230 (Title VII/Affirmative Action Program).

Title VII. This attorney may participate in Title VII Training (Employment Law) presentations to explain relevant laws and policies and to answer questions posed by attendees, assist in investigations of harassment/discrimination which pertain to Title VII violations, review and revise Summary of Findings and associated correspondence for distribution for each complaint investigation, draft responses to EEOC charges, review Policy and Procedure Memoranda associated with the Title VII Program Area for compliance with the law, and present changes to be considered to the Compliance Programs Director and the Human Resources Section in anticipation of approval by SCHR Committee. Attorney will work with the Attorney General on EEOC cases and keep working tiles of all active EEOC matters.

Title VI. Regarding Title VI, this attorney may participate in Title VI Training presentations to explain relevant laws and policies and to answer questions posed by attendees, will assist in Investigations of violations of Title VI/ADA laws, will review and revise Summary of Findings and associated correspondence for distribution for each complaint investigation, and will review Policy and Procedure Memoranda associated with the Title VI Program Area for compliance with the law. Additionally, this attorney will present changes to be considered to the Compliance Programs Director and the Human Resources Section in anticipation of approval by SCHR Committee.
25% Document Analysis and Reporting: Reviews Department Policy and Procedures as they are presented for review by the Human Resources section and reviews the presented policies and potential revisions for constitutional violations, ethical violations, discriminatory violations or potential averse departmental actions. Attends SCHR committee meetings for legal input into the intent of these policy revisions, defense of and presentation of the law and citation involving the Policy's and the Procedures for review. Gathers input from committee members for incorporation of and assurance of changes and any potential further research and review. This process may involve meeting with various individuals from different sections or districts regarding the potential revisions for clarification, justifiable business rationale where applicable, and application of neutral language for revisions of the policies and procedures.

Assists various personnel in researching potential changes to Policy for appropriateness, legal concerns, and potential liability. Incumbent constantly reviews policies for legal updates, and coordinates needed changes with HR. This research includes, but is not limited to, employee disciplinary actions, employee leave, FMLA, ADA, discrimination, employee safety, workplace violence, ethics, political activities, and sexual harassment.

Maintains, monitors, and updates the Department Boards/Commissions/Authorities and Entities binders for, at a minimum, the Department Executive Staff and the Executive Counsel, and also the contact information for various entities. The incumbent is the point of contact for various Department organizations, and updates the records, as required, with the Secretary of State and the Office of the Governor's Boards and Commissions, as well as the Division of Administration's Office of the Commissioner.

Incumbent updates, in accordance with Act 814 of 2010, filing for Boards/Commissions that may be preparing to sunset or are no longer active, as requested by the Department or the Office of the Commissioner.

Incumbent administers and notarizes various Oaths of Office for each DOTD position, maintains a copy of each Oath, and files the Oaths with the Secretary of State. Incumbent monitors, reviews, corresponds with various members of the Boards and Commissions, the points of contact for the Boards and Commissions, the Secretary of State, and the Office of the Governor.

Serves as DOTD's Point of Contact with Louisiana Board of Ethics as required by La. RS. 42:11 70C, as well as the Ethics Liaison for the Department.

The incumbent answers all ethics questions employees or the Executive staff may have, conducts potential investigations into ethics matters of potential confidential nature, coordinates any investigations with staff that the Board may request, to include document production, maintains ethical documents such as travel authorizations submitted to the Board of Ethics, Ethical Disclosure filings, monitors employees yearly requirement for ethical training, and submits a confidential report to the Secretary for non-compliance of ethical training requirements. The incumbent is responsible for maintaining files of these records.

Stays up-to-date with public records law and review public records request when needed. This will include, but is not limited to, reviewing documents received by the Department, redaction of information, preparation of certified records request, and communication with the Department records custodian for updated records law. Works directly with HR for Civil Service rule interpretation, to include, but not limited to, research, review, and preparation of legal opinions regarding interpretation of rules, guidelines, or past practices.    

Coordinates and reviews the work of any and all outside legal counsel who are retained or consulted regarding personnel issues. Coordinates with outside counsel retained by the Attorney General's Office and the Office of Risk Management for cases involving DOTD employees.       

Provides oversight for monitoring, corresponding, and maintaining records of deceased employees regarding final payments.

Coordinates with Human Resources and the Districts the Department Appointing Authority Affidavits, and routinely notarizes these forms upon review for content

Reviews proposed legislation as requested for legal or fiscal impact to the Department.

Speaks at various employment related training events at the DOTD, or attend DOTD training courses to answer employment related questions by attendees.

15% Additional Responsibilities and Duties: Performs other legal duties and provides other legal services on any departmental legal matter assigned by the Executive Staff, Executive Counsel, or General Counsel.

Responds to special requests for assistance and participates or attends meetings or serves on entities as requested by the Executive Staff, the Executive Counsel, or the General Counsel.

Exercises independent professional judgment to render advice and opinion, keeps self and other staff updated and informed as to major legal developments, participates in legal and organizational support to the Department in connection with investigations, monitoring, and audits, as requested, and prepares correspondence for the executive level staff as requested. In addition, the incumbent represents the Department, when requested, acts as liaison in cases where the Department is represented by outside counsel, provides additional information as requested by outside investigative agency, and keeps designated agency staff advised as to all case developments.

As a senior attorney, the incumbent may be called upon to assist and guide a junior attorney in certain matters.

Performs various duties for the DOTD on an as-needed basis at the direction and discretion of an Executive Staff member, the Executive Counsel, or the Deputy and/or General Counsel. For this reason, the incumbent is expected to acquire and maintain a general familiarity with all areas of DOTD responsibility. These responsibilities include general litigation, garnishment of state employees, public contracting, public records, rulemaking and legislation.

While in official capacity, DOTD employees must comply with applicable Louisiana and Civil Service laws, rules, and regulations, as well as DOTD policies, procedures, manuals, and directives.

5% Other: The incumbent may be required to perform other duties as assigned or necessary including, but not limited to, emergency/disaster supply activities.