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 Technology Services (OTS) within the DOA. This highly complex position is responsible for the coordination and provision of all legal services on behalf of OTS and is responsible for the overall management and direction of the activities of the OGC legal staff assigned to OTS. 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, including the Louisiana Administrative Code, Louisiana Procurement Code, IT procurement laws, and departmental regulations, as well as state and federal laws, rules and regulations.
Knowledgeable of the Louisiana Public Records Law.
Familiar with the handling of public record requests.
Highly specialized knowledge of complex transactional and contractual matters.
Detailed knowledge of the statutes governing state contracts, with a particular focus on Information Systems and Information Services contracts, procurement and leases, including the Procurement Code, and the law governing the procurements of Professional, Personal, Consulting and Social Services contracts, leases and all applicable administrative regulations.
Working knowledge of agency-specific legal issues in OTS to adequately supervise and to be prepared to handle complex transactions when necessary.

Responsibilities

Serves as chief legal counsel for OTS on behalf of OGC and DOA and provides legal advice to OTS under the direction and supervision of the Executive Counsel.
May represent OTS or the Commissioner of Administration 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 Procurement Code, IT procurement laws, 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 OTS.
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 knowledgeable of the Louisiana Public Records Law and to assist with responses to requests pursuant to this law within the custody or control of OTS.
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 OTS 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.
Represents OTS at the administrative level and in state and federal courts at both trial and appellate levels.
Must possess a highly specialized knowledge of complex transactional and contractual matters as well as a detailed knowledge of the statutes governing state contracts, with a particular focus on Information Systems and Information Services contracts, procurement and leases, including the Procurement Code, and the law governing the procurements of Professional, Personal, Consulting and Social Services contracts, leases and all applicable administrative regulations.
Advises and assists with decisions issued by the Office of Technology Services, which must be well-reasoned, well-written and legally sound, as they are susceptible to review by the Commissioner of Administration.
Assists the CIO and OTS in the drafting and review of professional, personal and consulting services contracts for OTS, as well as contracts for other state agencies which have an information technology component and data sharing agreements, and memorandums of understanding between the OTS and other state agencies.
Responds to complex legal questions, such as those arising from the intersection of the professional, personal, and consulting service code and the ethics code for public employees.
Assists with the development, confection, review and implementation of cooperative endeavor agreements between the State and all executive branch agencies as well as federal and local entities.
Drafts and reviews the drafting of in-house contracts, agency rules and regulations, and legislative proposals for various offices within the DOA and other executive branch agencies.
Consult with and provide legal counsel to OTS executives and management in the preparation of solicitations, review and evaluation of proposals, and the formation of complex and detailed contracts for technical, professional, and consulting services involving expenditures of hundreds of millions of dollars.
Consult with OTS executive and management staff regarding changes in the rules and policies; prepare and/or direct the preparation of rules for implementation and adoption; direct the promulgation of the rules in accordance with the Administrative Procedures Act; assure that rule changes comply with federal and state laws; render legal opinions and guidance regarding the interpretation and application of federal and state laws.
Supervises and supports attorneys whose primary function is to oversee DOA agency-specific legal issues in OTS.
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 OTS 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 OTS.
Under the direction and supervision of the Executive Counsel, coordinates the tracking and monitoring of proposed legislation affecting the mission of OGC or OTS, 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 OTS before legislative committees providing testimony on legislative initiatives that impact the operations of OTS.
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 CIO.
Assists in the review and performance monitoring of OTS 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 OTS.
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 OTS by communicating with the various other state agencies concerning issues regarding technology.
Renders legal advice and opinions to the Executive Counsel regarding all rules and regulations of OTS, 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.