TMB - 26-503-30 - Assistant General Counsel I/II - 26-503-30

This position may be filled at Asst General Counsel I or Asst General Counsel II classification. The final classification and salary will be determined based on the selected candidate's qualifications and relevant legal experience.

GENERAL DESCRIPTION
Performs complex (journey-level) legal work. Works under general supervision, with moderate latitude for the use of initiative and independent judgment. Provide guidance to agency staff, the board, or the commission on various open government regulations and the agency’s administrative rules. Provide input on the development of agency programs and the establishment of agency procedures. Employees at this level may train, coordinate, and lead the work of others. Advises agency management on programs and issues involving legal risks. Draft and negotiate contracts and related documents. Interview clients and witnesses to obtain facts of a case.

PRINCIPAL JOB DUTIES AND RESPONSIBILITIES
90% Reviews, analyzes, and processes Public Information Act (PIA) requests. Provides legal advice and opinions on release of Public Information Act (PIA) requests. Responsible for ensuring responsive information and other PIA related deadlines are met and redacted appropriately, if required. Reviews all PIA request including law enforcement requests and subpoenas for documents and records responsive to request, including law enforcement materials and subpoenas. Ensures responsive information to PIA requests is timely provided, accurate and redacted appropriately when required. Consults With higher level General Counsel and escalate issues as needed.

Drafts all requests for Attorney General Opinions on PIAs requests that are exempted from disclosure. Prepares 10-day and 15-day and includes writing of 15-day briefs in support of exemptions from disclosure under the PIA.

May conduct legal research related to open records, confidentiality laws, and applicable statutes. Provides legal advice and opinions on policy decisions related to PIA and Open government issues.

May assist with drafting, reviewing and editing legal documents, memoranda, bills, administrative rules, amendments for legislative consideration as it relates to PIA and open government and ensures compliance with statutory deadlines and legal requirements.

Works closely with administrative staff to ensure all PIA requests are properly logged and tracked. Maintains confidentiality of sensitive information

5% Work on special projects as assigned. Research legal matters as directed

5% Performs related duties to support Office of General Counsel as assigned.

REQUIRED EXPERIENCE AND EDUCATION
Attorney I
• Graduation from an accredited law school with an L.L.B. or J.D. degree
• Must be licensed to practice law in Texas and must be in good standing
• Knowledge of legal research and writing
• If internal candidate, must be in good performance standing within your current department

Attorney II
• Graduation from an accredited law school with an L.L.B. or J.D. degree
• Must be licensed to practice law in Texas and must be in good standing
• At least two to three years of relevant legal experience in open government, administrative law, government law or open records.
• If internal candidate, must be in good performance standing within your current department

Preferred Qualifications for both levels
• Experience in open records and open government is preferred
• Experience in practice of administrative or regulatory law is preferred
• Experience in general counsel work is preferred

KNOWLEDGE, SKILLS, AND ABILITIES
Knowledge of:
• Administrative law, Texas Public Information Act, Open Meetings Law, Administrative Procedure Act, Government Code, rulemaking procedure, and appellate review.
• State and federal confidentiality laws
• Legal research methods, principles, and procedures
• Statutes and rules (state and federal) regulating agency licenses.
• Related statutes and rules affecting agency licensee, e.g. pharmacy law, criminal law, ethics, etc.
• Legal principles and practices of law related to licensing and regulations of professional licenses.
• Contract law, including General Services Commission Regulations.
• Employment Law

Skill in:
• Legal writing, including briefs and memoranda.
• Analyzing and interpreting complex legal documents
• Reviewing and redacting sensitive information.
• Organizing and prioritizing duties and assignments
• Identifying problems and reviewing related information to develop and evaluate options and implement solutions
• Using logic and reasoning to identify the strengths and weaknesses of alternative solutions, conclusions, or approaches to problems, and in reconciling difference
• Managing multiple deadlines and priorities.

Ability to:
• Interpret and apply laws, regulations, and policies
• Communicate clearly and effectively, both orally and in writing
• Exercise sound legal judgment and discretion; maintain strict confidentiality
• Work independently and collaboratively in a fast-paced work environment
• Work with program staff and board members in a cooperative and supportive manner
• Meet deadlines while managing multiple projects and responsibilities
• Prepare legal documents, to write and prepare rules, policies, and procedures, to conduct research, to interpret and apply laws, and to summarize findings.
• To work effectively in a team environment