Job Analysis

JOB ANALYSIS: ASSISTANT CHIEF COUNSEL

BACKGROUND INFORMATION

Date of Study: January 11, 2016 – January 15, 2016

Collective Bargaining Identification: M02

Job Analysis Conducted By: Meuy Saephan, Selection Analyst, Office of Workforce Planning, Department of Corrections and Rehabilitation

Number of Incumbents: There are 13 incumbents in this classification per the State Controller’s Office Filled/Vacant Position Report dated December 1, 2015

EDITED TASK LISTING

NOTE: Each position within this classification may perform some or all of these tasks.

Task Statements:

1.  Plan and direct the work of a professional legal staff to ensure that work is performed efficiently and is prioritized properly utilizing communication skills, research skills, appropriate training, laws, regulations and Departmental policies and practices, as needed.

2.  Advise staff to ensure communication with departmental management is consistent with policy to protect the legal interest of the Department utilizing communication skills, research skills, appropriate training, laws, regulations and Departmental policies and practices, as needed.

3.  Act as legal advisor to departmental management to provide analysis of the legal risks arising from an event or situation and make recommendations for appropriate actions utilizing communication skills, research skills, appropriate training, laws, regulations and Departmental policies and practices, as needed.

4.  Prepare legal opinions for departmental management to provide analysis of the legal risks presented by an event or situation and make recommendations for appropriate actions utilizing communication skills, research skills, laws, regulations, Departmental policies and practices, as needed.

 5.  Prepare legislative proposals to present the Department’s position before the legislature utilizing communication skills, research skills, negotiation skills, appropriate training, laws, regulations and Departmental policies and practices, as needed.

6.  Formulate legal policy for the Department so that Departmental practices and procedures are consistent with legal requirements utilizing communication skills, research skills, appropriate training, laws, regulations and Departmental policies and practices, as needed.

7.  Inform departmental management of legal risks and propose recommended solutions utilizing communication skills, appropriate training, laws, regulations and Departmental policies and practices, as needed.

8.  Provide advice and recommendations to departmental management in the development and implementation of Department policy and procedures utilizing communication skills, appropriate training, laws, regulations and Departmental policies and practices, as needed.

9.  Make presentations on selected legal issues before administrative and legislative bodies to disseminate information about Departmental programs, policies and practices utilizing communication skills, laws, regulations and Departmental policies and practices, as needed.

10.  Review and evaluate subordinate staffs’ work to ensure high-quality work in compliance with the Departmental Operations Manual (DOM), Bargaining Unit Agreement using appropriate training, managerial skills, and interpersonal skills, as needed.

11.  Evaluate staff through probationary reports, Individual Development Plans, and training to maintain the quantity and quality of the work produced utilizing the DOM, Bargaining Unit Agreement, appropriate training, managerial skills, and interpersonal skills, as needed.

12.  Carry out other managerial duties including administrative functions (e.g., authorizing travel claims, time off requests, timesheets, etc.) to maintain accurate records utilizing the DOM, Bargaining Unit Agreement, rules, laws, regulations, legal practices and Departmental policies and practices, as needed.

13.  Serve as a Subject Matter Expert (SME) in the development of civil service examinations for legal positions in order to verify examinations are job-related by utilizing personal knowledge, State Personnel Board (SPB) policies/procedures, and job analysis, as needed.

14.  Participate in the hiring process to fill vacancies with highly qualified staff following personnel policies and practices and Equal Employment Opportunity (EEO) policy, as needed.

15.  Manage a legal team efficiently and effectively to ensure that work completed is properly prioritized and high quality by utilizing interpersonal skills, relevant training, laws, regulations and Departmental policies and practices, as needed.

16.  Forecast workload and resource needs for your legal team to improve the quality and timeliness of legal services utilizing knowledge of departmental policies, as needed.

17.  Balance priorities, staff, and resources to maximize the productivity and effectiveness of your legal team using schedules and other management tools to meet internal and external deadlines, as needed.

18.  Facilitate the resolution of conflicting departmental priorities by utilizing judgment and experience to ensure commitments and services are met, as needed.

19.  Communicate Department goals and priorities to assigned attorneys so that the Department’s objectives are met using staff meetings, emails, etc., as needed.

20.  Apprise Office of Legal Affairs (OLA) management of the status and progress of cases and assignments in order to address issues that are important to Department stakeholders using written reports, emails, telephone, meetings, etc., as needed.

21.  Review and analyze proposed regulations and accompanying rulemaking documents to provide sound legal advice to departmental management utilizing communication skills, research skills, negotiation skills, appropriate training, laws, regulations and Departmental policies and practices, as needed.

22.  Confer with attorneys from other departments to resolve legal issues utilizing communication skills, research skills, appropriate training, laws, regulations and Departmental policies and practices, as needed.

23.  Act as the Chief Counsel, Chief Deputy General Counsel or General Counsel at their direction to ensure operational needs are met using administrative and personnel management skills, as needed.

24.  Perform assignments independently to deliver sound legal advice using a high degree of discretion, and confidentiality, as needed.

25.  Promote and enforce the Department’s EEO program to maintain a work environment that is free of discrimination, harassment, retaliation, and unprofessional or disrespectful conduct utilizing EEO goals and objectives, interpersonal skills, and Departmental policies and practices, as needed.

26.  Review pleadings and other legal documents for the Department to meet contractual and legal obligations utilizing communication skills, research skills, appropriate training, laws, regulations and Departmental policies and practices, as needed.

27.  Manage the preparation of briefs in connection with legal matters before the State Courts, State Personnel Board, Victims Compensation and Government Claims Board, and other administrative boards as necessary to defend claims against the Department using independent judgment and experience, as needed.

28.  Act as the Department liaison with the Office of the Attorney General and contract counsel to provide sound legal advice utilizing communication skills, research skills, negotiation skills, appropriate training, laws, regulations and Departmental policies and practices, as needed.

29.  Appear in State and administrative courts to represent the Department’s legal interests utilizing communication skills, negotiation skills, personal knowledge, appropriate training, laws, regulations and Departmental policies and practices, as needed.

30.  Manage staff recommendations to hiring authorities to take progressive disciplinary or adverse action against subordinate staff utilizing communication skills, research skills, interpersonal skills, appropriate training, laws, regulations and Departmental policies and practices, as needed.

31.  Provide for the training needs of your staff to develop their skills and expertise in the performance of their duties in accordance with departmental guidelines utilizing laws, regulations and Departmental policies and practices, as needed.

32.  Provide training to departmental staff in accordance with departmental guidelines using laws, regulations and Departmental policies and practices, as needed.

33.  Impose corrective and disciplinary actions on staff in accordance with departmental guidelines utilizing laws, regulations, departmental policies, and Bargaining Unit Agreements, as needed.

EDITED KSAPC LISTING

NOTE: Each position within this classification may perform some or all of these KSAPCs.

Knowledge of:

K1.  Comprehensive knowledge of legal and ethical principles to provide advice, recommendations, presentations, and negotiations that are consistent with relevant legal authority.

K2.  Comprehensive knowledge of legal research methods to provide advice, recommendations, presentations, and negotiations that are consistent with relevant legal authority.

K3.  Comprehensive knowledge of court procedures to provide advice, recommendations, presentations, and negotiations that are consistent with relevant legal authority.

K4.  Comprehensive knowledge of rules of evidence and procedures to provide advice, recommendations, presentations, and negotiations that are consistent with relevant legal authority.

K5.  Comprehensive knowledge of administrative law and the conduct of proceedings before administrative bodies within an assigned area to provide advice, recommendations, presentations, and negotiations that are consistent with relevant legal authority.

K6.  Comprehensive knowledge of effective communication skills to provide advice, recommendations, presentations, and negotiations that are consistent with relevant legal authority.

K7.  Comprehensive knowledge of principles of public administration to provide advice, recommendations, presentations, and negotiations that are consistent with relevant legal authority.

K8.  Basic knowledge of principles of personnel management to assign, review and evaluate the work of attorneys and support staff.

K9.  Basic knowledge of state governmental accounting and budget policies and practices to manage your assigned legal unit’s expenditures, allotments, workload, and resource needs.

K10.  Basic knowledge of principles of supervision to assign, review and evaluate the work of attorneys and support staff.

K11.  Basic knowledge of the Department’s Equal Employment Opportunity (EEO) program and objectives to ensure a work environment free of discrimination and harassment.

K12.  Basic knowledge of the Department’s return to work policies (e.g., workers’ compensation, reasonable accommodation, etc.) and objectives to ensure a work environment free of discrimination or retaliation.

KSAPCs highlighted in bold text are not currently on the SPB classification specification

Ability to:

A1.  Analyze legal principles and precedents and apply them to complex legal and administrative problems to provide advice, make recommendations, give presentations, and participate in negotiations consistent with relevant legal authority.

A2.  Present oral and written statements of fact, law, and argument clearly and logically consistent with relevant legal authority.

A3.  Draft opinions, pleadings, rulings, regulations, and legislation consistent with relevant legal authority.

A4.  Supervise staff who draft opinions, pleadings, rulings, regulations, and legislation consistent with relevant legal authority.

A5.  Present cases in court or administrative proceedings consistent with relevant legal authority.

A6.  Supervise staff who present cases in court or administrative proceedings consistent with relevant legal authority.

A7.  Confer with attorneys and representatives from state agencies, boards, commissions, and other entities to represent the Department’s interests.

A8.  Act as a liaison between the Department and the Office of the Attorney General and contract counsel involving legal matters on behalf of the Department and its employees.

A9.  Plan, organize, and direct the work of a legal staff to provide advice, recommendations, presentations, and negotiations that are consistent with relevant legal authority.

A10.  Apply and enforce the Department’s EEO program consistent with relevant legal authority.

KSAPCs highlighted in bold text are not currently on the SPB classification specification