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 Facilities, Buildings, and Property within the DOA. Those agencies include the Office of Facility Planning and Control (FPC), Office of State Buildings (OSB), Office of State Lands (OSL), Office of Aircraft Services (OAS), and the Office of General Services (OGS). This highly complex position is responsible for the coordination and provision of all legal services on behalf of FPC, OSL, OSB, OAS, OGS and is responsible for the overall management and direction of the activities of the OGC legal staff assigned to those agencies. Incumbent is further responsible for the training and development of all attorneys and support staff under their supervision. The Division of Administration is the state government’s management arm and the hub of its financial operations. Division offices perform a wide variety of activities including the following: Overseeing the state’s capital construction program Working to provide state and federal grants for community development Development of the state budget Providing technology services Giving agencies guidance in the state purchasing and contracting process as they seek goods and services Administering a program that provides federal funds to help Louisiana residents recover from a series of devastating hurricanes.

Requirements

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

Nice To Haves

Understanding of the American Institute of Architects construction documents and supplemental conditions for use in State construction contracts.

Responsibilities

Serves as chief legal counsel for all facilities, buildings, and property on behalf of OGC and DOA and provides legal advice to the heads of those various agencies (FPC, OSL, OSB, OAS, OGS) under the direction and supervision of the Executive Counsel.
May represent and of these agencies in any court proceedings or mediations under the direction and supervision of the Executive Counsel.
The incumbent is required to maintain an advanced knowledge of Louisiana Law, including the Louisiana Administrative Code, Louisiana Construction Code, and departmental regulations, as well as state and federal laws, rules and regulations.
The incumbent provides proactive review of the rules identified in the Louisiana Administrative Code that impact FPC, OSL, OSB, OAS, and OGS.
Coordinates review with appropriate agency personnel to ensure that rules effectively represent the necessary business practices of the office.
Identifies areas of noncompliance and drafts and/or assists in the drafting of necessary additions, revisions, or deletions.
The position is expected to be knowledgeable of the Louisiana Public Records Law and to assist with responses to requests pursuant to this law within the custody or control of FPC, OSL, OSB, OAS, and OGS.
The position must be cognizant 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 familiar with the handling of public record requests, including but not limited to, scrutinizing documents to be submitted by the aforementioned 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 represents FPC in important litigation, mediation, and arbitration for a variety of construction litigation matters.
Position represents the various aforementioned agencies in litigation regarding issues related to, but not limited to, delay and acceleration claims, scheduling claims, hidden or differing site conditions, failure to adequately man a job, change orders, construction punch lists, substantial completion, liquidated damages, and closeouts on construction projects.
Incumbent will work independently as well as a member of the construction litigation team.
Incumbent must have an understanding of the American Institute of Architects construction documents and supplemental conditions for use in State construction contracts.
Incumbent is expected to review, analyze and interpret construction reports and test results of architects, engineers and laboratories, analyze their effect from a legal standpoint, and provide advice.
Incumbent may prepare legal memoranda or advisory opinions concerning construction law, contracts law, public bid law, and other matters pertaining to FPC and the Division.
Additionally, incumbent must provide advice and be able to negotiate construction contract activities with outside consultants, contractors, or Division representatives.
Incumbent monitors construction activities and works to ensure construction progress as scheduled and according to specifications, and provides insight on how to best represent the Division’s legal strategies.
Incumbent negotiates and prepares documents related to various aspects of the FPC’s business transactions, such as assignment contracts, cooperative endeavors, surety takeover agreements for construction contracts, and specialized emergency agreements.
Incumbent is required to have knowledge of the state public lien and surety bond laws to negotiate claims with major surety companies on bid bonds, performance bonds and payment bonds issues.
Incumbent is required to perform legal research applicable to the above activities and render opinions in matters upon which the law is unclear and where there is little or no jurisprudential precedent.
Incumbent will serve as counsel on behalf of FPC in litigation and arbitration cases on issues involving FEMA public assistance.
Incumbent will draft and review the drafting of in-house contracts, agency rules and regulations, and legislative proposals for FPC.
This position supervises and supports attorneys whose primary function is to oversee DOA agency-specific legal issues in the following offices: FPC, OSL, OSB, OAS, and OGC.
As such, this position must have a working knowledge of these areas in order to adequately supervise and to be prepared to handle complex transactions when necessary.
This attorney will exercise supervision over all subordinate staff and perform duties, such as conducting yearly performance reviews; carrying out all LEO payroll functions, including reviewing and approving leave requests to ensure adequate office coverage and to manage employee leave balances; instructing subordinates regarding the performance of job duties, career progression, and personnel concerns; recruiting, disciplining, and praising employees; ensuring 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 FPC, OSL, OSB, OAS, and OGS 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 these agencies.
Under the direction and supervision of the Executive Counsel, coordinates the tracking and monitoring of proposed legislation affecting the mission of OGC or any of the aforementioned agencies, 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 FPC, OSL, OSB, OAS, or OGS before legislative committees providing testimony on legislative initiatives that impact the operations of these agencies.
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 CEO 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 agency heads.
Assists in the review and performance monitoring of FPC, OSL, OSB, OAS, and OGS 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 the various units.
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 FPC, OSL, OSB, OAS, and OGS agency heads by communicating with the various other state agencies concerning issues regarding facilities, property, and buildings.
Renders legal advice and opinions to the Executive Counsel regarding all rules and regulations of FPC, OSL, OSB, OAS, and OGS, 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.
This attorney 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.