Open Records Attorney IV

TX-HHSC-DSHS-DFPS • Austin, TX

2d • Hybrid

About The Position

Performs advanced (senior level) legal work involving examining, redacting and preparing agency records and legal documents, interpreting laws and regulations, rendering legal advice and counsel, consulting with trial attorneys, conducting hearings, and preparing cases for agency hearings and/or trials. Works under minimal supervision, with considerable latitude for the use of initiative and independent judgment.

Requirements

• Must be licensed as an attorney by the State of Texas.
• Licensed by the State of Texas and two years of practice.
• Experience analyzing and applying the Texas Public Information Act.
• Ability to maintain the security and integrity of the infrastructure per Governor Abbot Executive Order GA-48.
• Knowledge of legal principles, practices, and proceedings; state and federal laws, rules, and regulations; and agency administrative rules and regulations.
• Knowledge of the Texas Public Information Act.
• Skill in legal research, writing, and analysis; in the use of a computer and applicable software; in applying reasoning and logic; in identifying and solving complex problems; in prioritizing workloads; and in using judgment to identify courses of action.
• Skills in effective written and verbal communications.
• Ability to prepare opinions and briefs to conduct research, to summarize findings, to interpret and apply laws, to use legal reference materials, and to communicate effectively.
• Ability to supervise others.
• Ability to learn and work quickly under strict time deadlines.
• Ability to communicate effectively with a wide range of people.
• Ability to establish and maintain effective working relationships with Department management, employees, and other government officials.
• Ability to be proactive, take initiative and anticipate issues to best position the agency regarding legal matters.
• Must bring I-9 documentation on the first day of work.
• Must provide documentation to DFPS to show identity and authorization to work in the US.
• Must complete related training and abide by agency cybersecurity and communications system usage policies.
• Must be familiar with WCAG 2.1 AA and Section 508 to create accessible content.

Nice To Haves

• Experience with the Texas Public Information Act.

Responsibilities

• Coordinate, formulate, and establish policies and procedures.
• Formulates, establishes, and coordinates office systems and procedures for open records.
• Reviews cost estimates for records and ensure that appropriate staff and programs are informed about requests and responses.
• Assists in formulating agency policy and rules on confidentiality of records.
• Interacts with agency on media requests on complex legal issues pertaining to statutory confidentiality rules, Attorney General's Opinions, and internal policies.
• Provides internal training on the Public Information Act for agency attorneys and programs as requested.
• Provides input and review of required agency training on the Public Information Act and establishes departmental policies and procedures.
• Coordinate applicable policies while communicating with agency staff to facilitate the timely acquisition of responsive documents for public information requests.
• Review drafts of bills or amendments for legislative consideration.
• Reviews and analyzes proposed legislation on child fatality and near fatality reporting to ensure DFPS reporting meets the statutory criteria is met and appropriate information is included.
• Reviews and analyses proposed legislation on open records and confidentiality provisions of laws applicable to the department.
• Reviews and analyzes proposed legislation on open meetings requirements that impact the department.
• Provides input to legislative implementation plans on open records, open meetings, or child fatality or near-fatality reports.
• Prepare subpoenas requiring the appearance of witnesses, records, and documents for hearings and civil litigations.
• Responds to subpoenas requiring documents and records for hearings or litigation by ensuring all responsive records are obtained, coordinating necessary responses and affidavits, and verifying that established procedures for subpoena preparation are properly followed.
• Review drafts of laws, rules, and regulations affecting agency operations.
• Reviews and analyzes draft rules affecting agency operations to assess impact, ensure alignment with statutory and policy requirements, and provide informed recommendations for implementation or revision.
• Reviews and interprets laws and regulations affecting agency operations to evaluate impact, ensure compliance with statutory requirements, and develop recommendations to support effective implementation and organizational alignment.
• Draft memoranda on regulatory matters and administrative rules for the Texas Register.
• Draft clear, well-organized memoranda on departmental issues, and administrative rules, providing analysis, context, and actionable recommendations to support informed decision-making.
• Drafts and reviews agency rules, ensuring proposed rules adhere to established agency procedures and are written clearly for both internal and external stakeholders.
• Prepare comprehensive agency responses to public and stakeholder comments on proposed rules, ensuring clarity, compliance with regulatory requirements, and alignment with agency policies and objectives.
• Prepare and/or assist in preparing cases for trial and represent the agency in matters before a court as appropriate.
• Work with the Office of Attorney General on any litigation pursued by the department or where the department has been sued regarding the Public Information Act by providing expert legal advice on the policies and procedures of the department concerning open records.
• Perform research for policy and process questions.
• Performs legal research and drafts Attorney General open records opinion requests when needed.
• Performs complex requests for agency records requiring collaboration among multiple agency divisions and ensures a timely and legally appropriate response.
• Advises staff and the public on legal matters and the interpretation and application of agency regulations and state and federal laws.
• Advises staff and responds to requests for agency records involving DFPS programs and ensures timely and legally appropriate responses, ensuring compliance with state laws.
• Interacts with and advises agency staff on media requests and on complex open records issues.
• Prepares legal guidance and provides training to agency attorneys and other staff regarding the release of agency information.
• Prepares legal opinions, briefs, contracts, proposals, and reports.
• Prepares and submits requests for Attorney General opinions on Public Information Act matters involving information that may be subject to an exception under the Act.
• Prepares and presents the agency’s position on recorded requests to the Attorney General, ensuring all Public Information Act deadlines and notice requirements are met.
• Investigates alleged law violations and prepares reports of findings.
• Conducts thorough investigations into alleged violations of law, including matters related to the Public Information Act, by gathering and analyzing evidence, and prepares detailed, well-supported reports of findings and recommendations for agency legal staff.
• Performs related work as assigned.

Benefits

• 100% paid health insurance for you, and 50% paid for eligible family members
• Retirement plans with lifetime monthly payments after five years of state service
• Options to save even more with 401(k) and 457 plans
• Paid vacation, holidays, and sick leave
• Optional dental, vision, and life insurance
• Flexible spending accounts for added tax savings on health and dependent care
• Employee discounts on things like gym memberships, electronics, and entertainment
• Public Service Loan Forgiveness

What This Job Offers

• Job Type: Full-time
• Career Level: Senior
• Education Level: No Education Listed