Attorney - General Counsel 1

State of Louisiana•Baton Rouge, LA

About The Position

This is an executive-level General Counsel position within the Office of General Counsel (OGC), Division of Administration (DOA), that serves as the primary legal support counsel for the Office of Human Resources (OHR) and Public Records Requests (PRRs) within the DOA. This highly complex position is responsible for the coordination and provision of all legal services on behalf of OHR and PRRs and is responsible for the overall management and direction of the activities of the OGC legal staff assigned to OHR and PRRs. Incumbent is further responsible for the training and development of all attorneys and support staff under their supervision.

Requirements

Possession of a current Louisiana license to practice law
Six years of experience as a practicing attorney.

Nice To Haves

Advanced knowledge of Louisiana Law, particularly laws pertaining to human resources, including the Louisiana Administrative Code, the Americans with Disabilities Act (ADA), Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and departmental regulations, as well as state and federal laws, rules and regulations.
Mastery of all laws and attorney general opinions related to public records, specifically concerning exemptions and privileges including deliberative process, attorney-client privilege, Health Insurance Portability and Accountability Act (HIPAA) and comparable state privacy laws, and other exemptions and privileges under the Constitution.
Specialized training, education, and knowledge of the laws governing OHR and the PRR process.
Knowledge of litigation practices and trial advocacy.
Working knowledge of agency-specific legal issues in OHR or related to PRRs in order to adequately supervise and to be prepared to handle complex transactions when necessary.

Responsibilities

Serves as chief legal counsel for OHR and PRRs on behalf of OGC and DOA and provides legal advice to OHR and coordinates all PRR responses under the direction and supervision of the Executive Counsel.
May represent the Commissioner of Administration in any court proceedings or mediations under the direction and supervision of the Executive Counsel.
Provides proactive review of the rules identified in the Louisiana Administrative Code that impact OHR or the PRR process.
Coordinates review with appropriate agency personnel to ensure that rules effectively represent the necessary business practices of the office.
Identifies areas of non-compliance and drafts and/or assists in the drafting of necessary additions, revisions, or deletions.
The position is expected to be highly knowledgeable of the Louisiana Public Records Law and to coordinate all responses to PRRs on behalf of each agency within the DOA.
The position must have a mastery of all laws and attorney general opinions related to public records, specifically concerning exemptions and privileges including deliberative process, attorney-client privilege, Health Insurance Portability and Accountability Act (HIPAA) and comparable state privacy laws, and other exemptions and privileges under the Constitution.
The position is expected to be able to lead the handling of public record requests, including but not limited to, scrutinizing documents to be submitted by all DOA agencies in response to a request; coordinating responses to public records requests with the Executive Counsel and any attorneys in OGC responsible for handling public records requests; assisting with identifying potential redactions within the documents for privileged and confidential information; and communicating such recommendations to the Executive Counsel and OGC.
The position may require communication with certain media outlets who are frequently requesting public records of DOA agencies.
Works closely with OHR Executive Staff, rendering legal opinions and guidance for the administration of human resource related matters, taking into account applicable federal and state laws and regulations.
Identifies potential legal and operational risks, develops mitigation strategies, and manages OHR’s response to litigation, administrative hearings, and regulatory audits.
Responsible for developing programs, training, education, and knowledge of litigation practices and trial advocacy to provide a comprehensive perspective for evaluating issues and developing processes to address and reduce OHR’s risk of litigation.
Initiates review of changes to federal laws, rules, and regulations impacting program functions, including but not limited to, changes to the Louisiana Administrative Code, the Americans with Disabilities Act (ADA), Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and any other state and federal laws, rules and regulations.
Provides training to OHR and PRR personnel regarding legislative changes.
Reviews human resource and public records related products and provides counsel as to applicability to OHR or PRR programs and initiatives.
Assists OHR personnel with benchmarking existing policies against industry best practices and addressing the increasing need for human resource management and public records response.
Consults with Executive Counsel and Director on legal risks of identified exposures.
Participates in the review of training materials to ensure it covers all necessary obligations and reinforces the objectives of OHR and PRR responses.
Assists the Director and OHR personnel regarding agency requests on new or existing exposures and programs.
Reviews current policies and procedures concerning human resource and public records issues and assists in identifying potential areas for improvement.
Provides counsel on complex exposures and advises on risks related to human resource and public records matters.
Reviews OHR and PRR documents and policies for compliance with state law.
Supervises and supports attorneys whose primary function is to oversee DOA agency-specific legal issues in OHR or related to PRRs.
Conducts yearly performance reviews; carries out all LEO payroll functions, including reviewing and approving leave requests to ensure adequate office coverage and to manage employee leave balances; instructs subordinates regarding the performance of job duties, career progression, and personnel concerns; recruits, disciplines, and praises employees; ensures employee compliance with CPTP standards; etc.
Drafts and/or assists in the drafting of legislative proposals identified by the Executive Counsel or OGC addressing all functions of OHR or PRRs for consideration by the Commissioner of Administration.
Reviews existing legislation for compliance with the operational procedures of those agencies and identifies necessary procedural or legislative changes.
Identifies circumstances where legislation could promote more effective administration of the duties of OHR or the handling of PRRs.
Under the direction and supervision of the Executive Counsel, coordinates the tracking and monitoring of proposed legislation affecting the mission of OGC, OHR, or matters related to PRRs, and collaborates with OGC subject matter experts.
Coordinates with staff to prepare legislative impact statements and fiscal notes, including finalizing drafts prior to submission to the Executive Counsel and OGC.
The Commissioner of Administration or Executive Counsel may call upon incumbent to represent OHR before legislative committees providing testimony on legislative initiatives that impact the operations of OHR.
Prepares or coordinates the preparation of, edits, and/or reviews reports required by and submitted to the legislature.
Provides review of all such finalized reports, identifying pertinent information to the Executive Counsel and the Director prior to submission.
Prepares and/or reviews documents including contracts, memoranda of understanding, letters of agreement, professional service contracts, inter-agency transfer agreements, requests for proposals, invitation to bid, and other procurement documents under the direction and supervision of the Executive Counsel.
Identifies the need for new or additional written procedures and recommends such to the Executive Counsel and Director.
Assists in the review and performance monitoring of OHR or PRR contractors to ensure compliance with contractual provisions.
Assists in identifying enforceable contractual provisions for inclusion in the monitoring plans.
Provides initial in-house legal review of various procurement documents to ensure compliance.
Reviews policies and procedures of the office to identify areas and opportunities for operational efficiencies.
Proactively reviews published documents and manuals on behalf of OHR and the documents or manuals related to the PRR process.
Provides feedback, and initiates discussions for improvement and accuracy of agency resources and guidelines.
Reviews client instructions with consideration to both operational need and contractual provisions, identifying areas to strengthen compliance from contracted partners.
Assists OHR and the PRR process by communicating with the various other state agencies concerning issues regarding human resources and public records.
Renders legal advice and opinions to the Executive Counsel regarding all rules and regulations of OHR and the PRR process including all manuals, reports, and other programmatic documents.
Reviews and/or prepares documents on behalf of OGC, ensuring they meet quality standards and effectively support the interests of the DOA.
May be called upon to perform various duties for the Office of General Counsel on an as needed basis at the direction of the Executive Counsel.