Counsel II, Administration

Commonwealth of MassachusettsBoston, MA

About The Position

The Office of the General Counsel advises the Commissioner and others within the department on all aspects of tax, administrative and privacy laws. The Office seeks an experienced attorney with an interest in data privacy law and policy to join its Administrative Law Unit (“AdLaw”). Among its responsibilities, the Administrative Law Unit conducts legal reviews of DOR’s procurement of services, goods and information technology systems and negotiates agreements with other agencies within the Commonwealth and vendors for the exchange of data. The Counsel II will report to DOR’s Chief Privacy Officer, who serves as the manager of AdLaw. The Counsel II will act as a legal advisor to DOR’s data initiatives and IT procurement projects. The Counsel II will draft, negotiate and review DOR’s Request for Responses (“RFR”), Data Exchange Agreements and other contracts with state agencies and other entities, including the IRS. The Counsel II will assist the Chief Privacy Officer to maintain, update, and draft DOR’s privacy-related regulations and policies. Assist with the review of any unauthorized access or use of DOR information to determine if M.G.L. c. 93H notification letters are needed. Serve as Deputy Records Access Officer, assisting the Records Access Officer with tax-related public records requests and other disclosure requests. Assist DOR’s Federal/State Exchange Officer with disclosure and IRS requirements. Conduct research and respond to administrative law questions, including questions related to departmental policies, conflict of interest laws, use of SSNs on forms, visa issues, etc. Performs related work as assigned by the Chief Privacy Officer.

Requirements

  • Knowledge of theory, principles and practices of law.
  • Knowledge of the methods and ability to conduct legal research.
  • Ability to read and interpret legal documents and apply the law, rules and regulations governing agency operations.
  • Ability to exercise discretion and sound judgement.
  • Ability to interact effectively with diverse groups of people.
  • Ability to communicate effectively, both verbally and in writing, to clearly and concisely express thoughts and develop ideas in a logical manner.
  • Ability to use cloud-based applications to write, edit and share documents, conduct research, and manage databases.
  • Ability to lead or work with cross-functional projects and teams.
  • Ability to manage multiple projects, project teams, and competing deadlines.
  • Ability to exercise discretion in safeguarding information through compliance with rules of disclosure.
  • Ability to supervise, including planning and assigning work according to the nature of the job to be accomplished, the capabilities of subordinates, and available resources; controlling work through periodic reviews and/or evaluations; determining the need for and recommending disciplinary actions.
  • Juris Doctor (JD) degree
  • Admission to the Massachusetts Bar
  • At least three years of full-time, or equivalent part-time, professional experience in the practice of law.

Nice To Haves

  • Experience with drafting contracts, particularly intergovernmental services agreements and data sharing agreements between state agencies.
  • Familiarity with the Massachusetts Public Records Law and experience serving as a Records Access Officer for a state agency.

Responsibilities

  • Adhere to Bureau’s established rules as to record keeping
  • Provides legal advice and assistance to groups in DOR, such as Administrative Affairs Division (AAD), ANF-IT Support and Tax Administration.
  • Works with other state agencies and entities to ensure that the Department complies with all procurement laws and regulations.
  • Works with other agencies and entities to determine if data exchange agreements include DOR’s confidentiality and security requirements.
  • Assists with interpretation of IRS disclosure rules and ensures DOR is in adherence with IRS Publication 1075.
  • Assists Chief Privacy Officer to maintain, update, and draft DOR’s privacy-related regulations and policies.
  • Works with ADD to review all unauthorized access to or use of DOR information to determine if breach notification letters are required.
  • Works with executive staff to respond to non-tax inquiries from DOR, state agencies and other third parties.
  • Assists the Records Access Officer with tax-related public records requests and other disclosure requests.
  • This role requires strong organizational, communication, and analytical skills, with the ability to manage multiple priorities and support both strategic and operational objectives.

Benefits

  • Comprehensive Benefits
  • An outstanding suite of employee benefits that add to the overall value of your compensation package.
  • A work experience that supports you, your loved ones, and your future.
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