Attorney III - Employment (Central Office)

State of South CarolinaLexington County, SC
Onsite

About The Position

This position is located at the SC Department of Behavioral Health and Developmental Disabilities (DBHDD) - Office of Mental Health, Central Office, 400 Otarre Parkway Cayce, SC 29033. As the Attorney III, under the general supervision of the BHDD General Counsel, acting with substantial independence, attorney provides professional legal services and representation for agency in the primary areas of employment actions, mental health law and processes, and related advice and counsel to agency.

Requirements

  • A juris doctor degree or its equivalent from an accredited law school and experience as a practicing attorney
  • A member and in good standing with the South Carolina Bar and completion of the 403 requirements
  • At least five (5) years of experience as an attorney

Nice To Haves

  • Bilingual abilities in English and Spanish (or another language) are a plus.
  • Knowledge of the laws of South Carolina and knowledge of general case, statutory and common law.
  • Knowledge of judicial and quasi-judicial procedures and rules of guidance
  • Good verbal and written communication skills with emphasis on attention to written details.
  • Ability to interpret and apply laws in court decisions.
  • Ability to analyze facts, evidence and legal instruments.
  • Ability to express conclusions and arguments clearly and logically.
  • Ability to plan and direct the activities of a legal staff.

Responsibilities

  • Advise agency Human Resources on employment actions.
  • Draft and reply to employee appeals to the Division of State Human Resources (DSHR).
  • Represent agency in state and human resources mediations, arbitrations, and hearings.
  • Interpret and respond to inquiries about agency directives, policies and procedures related to employment.
  • Interact with and assist outside counsel retained on behalf of agency in employment cases.
  • Provide legal advice and assistance to agency regarding incapacity, conservatorship, and/or guardianship.
  • Assist in petitioning the Probate Court in limited cases where a guardian is needed as determined by agency for patients not competent to make decisions regarding treatment with no known family member or other legal representatives with such authority.
  • Develop, review, approve, and monitor departmental contracts.
  • Provide legal advice to agency employees, management, and officials in matters primarily related to contracts.
  • Provide legal assistance in the development and the ongoing operation of an effective monitoring system for agency clinical contracts including providing legal advice and training to staff assigned to monitor such contracts as well as guiding enforcement actions when required.
  • Assist the Office of General Counsel (OGC) Forensic Attorney and General Counsel in forensics matters and provide backup for Forensic NGRI (Not Guilty by Reason of Insanity) discharge hearings.
  • Assist OGC Forensic Attorney and provide backup for the Forensic Review Board and/or the Administrative Forensic Review Board.
  • Respond to questions of a legal nature from agency staff, public officials, courts, attorneys, public agencies, medical providers, and the general public about agency operations, inpatient and outpatient facilities, and applicable laws and policies.

Benefits

  • Health, dental, vision, long-term disability, and life insurance for employees, spouse, and children.
  • 15 days annual (vacation) leave per year
  • 15 days sick leave per year
  • 13 paid holidays
  • Paid Parental Leave
  • S.C. Deferred Compensation Program available
  • Retirement benefit choices
  • State Retirement Plan (SCRS)
  • State Optional Retirement Program (State ORP)
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