CHIEF LEGAL COUNSEL - 64067660

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Open Competitive Opportunity 

Specific Responsibilities:

This position is a Selected Exempt Service legal position which implements and provides the delivery of professional legal services to the Florida Department of Health, pursuant to the controlling laws, codes, policies, procedures and standards for attorneys and the agency.  Works is performed under the supervision of the Deputy General Counsel. Responsible for implementing and directing legal services for the Department's entities in the counties of Palm Beach, Martin, St. Lucie, and Okeechobee. This position requires extensive knowledge of state and federal laws, codes, regulations, administrative rules, and rules of judicial procedure This position is responsible for the integrity and security of data sets under his or her control. This position requires independent judgment, initiative, applying general knowledge of business practices and skills in applying instructions to accomplish various job functions. This position spends the majority of the time engaged in supervisory responsibilities. This includes communicating with, motivating, training, and evaluating employees in addition to planning and directing employees' work. The incumbent has the authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline subordinate employees or effectively recommend such action. The incumbent will also be required to develop performance expectations, meet with staff regularly to discuss performance, complete performance reviews, maintain vacation and work schedules, ensuring proper coverage, and complete timesheets.

This position is designated as a sensitive position and is required to maintain confidential information in accordance with the Florida Department of Health (FDOH) Palm Beach County Health Department (CHD) Information Security Policy, Protocols and Procedures.

General:

Directs, organizes and conducts the Department's legal services in the designated county health departments. The position advises the Directors or Administrators, as well as staff, about legal and policy decisions which affect the day-to-day activities. This responsibility includes at meetings as well as providing counsel and advice to staff concerning the legal ramifications of potential and pending litigation, legislation, policy decision, court decision, and department legal opinion of statewide importance.

Serves as legal counsel in all matters necessitating legal advice; represents county health departments in administrative, civil and appellate proceedings in the state and federal courts and administrative tribunals; conducts varied trial litigation and pretrial discovery in both state and federal courts; determines and conducts appellate matters in state and federal courts.

Public Health Programs:

Provides representation, guidance and support to the Environmental Health programs in enforcing state rules and regulations; prepares necessary pleadings for litigation in administrative proceedings and circuit court. Reviews Citations: prepares administrative complaints and represents the county health departments in informal and formal hearings and in court. Represents the Department of Health in appellate proceedings. Reviews all requests for legal action and determines if they are legally sufficient to be heard before the Division of Administrative Hearings (DOAH), the Environmental Control Hearing Board, Environmental Appeals Board, the Child Care Advisory Council, and Circuit Court.  Conduct witness briefings with staff to review their cases and testimony prior to the hearings.

Provides representation, guidance and support to the Primary Care and Communicable Disease Control programs; available for all needed consultations and represents these programs in informal and formal hearings in administrative forums and in the courts.

Provides representation to agency Emergency Preparedness and Incident Command functions and activities.

Provides representation to other specialized local delegated programs, such as specific programs and/or enforcement activities, as delegated by law from another state agency or County government.

Administration:

Provides guidance to support agency contracts and required procurements; reviews all contracts, grants, settlement agreements and designated purchase orders; supports the reviewing and monitoring of contracts and memorandums of agreements for partnerships and/or relationships with other organizations and agencies, as developed by those agencies and the county health departments.

-Prepare written legal opinions involving interpretations of state and federal statutes, codes, rules and court decisions.

-Supervises and provides varied legal research of law; research and reviews Department of Health and County Health Department policies, procedures,       regulations and projects to ensure compliance with local, state and federal laws/codes/rules.

-Provides legal training to staff on Department of Health and county health department operations and specialized legal subjects, such as ethics,     confidentiality, TB, consent by minors, and other topics.

Serve as legal consultant with staff and outside attorneys, acts as liaison with courts, state attorneys, public defenders, legal services programs, and other stakeholders within the legal community.

Human Resources:

Supports Human Resources administration by advising the agency personnel officers, managers and leadership in the legal aspects of personnel matters including, but not limited to, the Fair Labor Standards Act (FLSA), Equal Employment Opportunity (EEO), employee discipline, employee grievances, and the administration of collective bargaining agreements.

Litigate cases before the Public Relations Employee Commission (PERC).

Acts as local Ethics Officer, advising on issues of compliance with Chapter 112, Florida Statutes, and all controlling agency ethics policies.

Supports investigations by the agency's Inspector General's Office and EEO Office.

Information Security:

Acts as legal consultant with staff in relation to legal interpretation and court activities, such as review of all matters involving release of confidential information, subpoenas, preparation of depositions and trial testimony, and representing staff on official Department business in a wide variety of court/administrative proceedings.

Serve as information custodian for the legal office.

Risk Management:

Acts as liaison with the Division of Risk Management and private attorneys assigned by Risk Management to handle damage claims against the State of Florida evolving from Department activities. Coordinates discovery and monitors litigation handled by Risk Management. Monitors post judgment compliance.

Provides consultation and advice to staff on legal questions concerning county health department administration and operations, ramifications of potential and pending litigation, legislation, policy decisions, court decisions, and department legal opinions of statewide impact.

Performs research and provides input on particular legislative action. Makes recommendations to the Office of the General Counsel, Directors and Administrators on legislative changes or risk management issues to reduce potential liability and minimize litigation.

Supervises the local Risk Manager position.

Office Management and Other Duties:

Prepares annual goals and objectives for the provision of legal services, in agreement with the Department's represented entities and the Department's Deputy General Counsel.

Ensures utilization of the Office of the General Counsel case management system for all legal matters and produces information and reports to the Deputy General Counsel and Health Officers upon request.

Supervises designated attorneys and professional support positions within the legal office.

Serves as an informal Hearing Officer, pursuant to Chapter 120, Florida Statutes, upon appointment by the General Counsel and/or Agency Clerk.

Serves as a participant on Office of the General Counsel teams and workgroups, as requested.

Performs other duties as assigned.

Knowledge, skills and abilities, including utilization of equipment, required for the position:

• Professional experience in the practice of law, legal research, teaching law, or in administrative or judicial hearings.
• Demonstrated proficiency in use of information technology, including legal research, email, document/pleading preparation, electronic filing, among others.

Qualifications:

Licensure/registration/certification requirements (If applicable, list the appropriate Florida Statute or federal regulation cite):

• Attorney License from the Florida Supreme Court (Section 454.021, Florida Statutes; Article 5, Section 15, Florida  Constitution.)

Other job-related requirements for this position:

• Incumbent may be required to work before, during and/or beyond normal work hours or days in the event of an emergency.  Emergency duty required of the incumbent includes working in special needs shelters, or performing other emergency duties including, but not limited to, responses to or threats involving any disaster or threat of disaster, man-made or natural.
• A Valid Driver’s License.
• This position is expected to complete mandatory trainings within the required timeframe, as deemed necessary by the Department, the Delegated Authority, grant requirements and/or Florida Statutes.
• The incumbent in this position may be required to use vehicles owned, leased, or operated by the state or county to conduct official state business. State or county vehicles shall be used only for officially authorized duties and not for personal use, unless a specific exception applies under Florida law (F.S. § 287.17).

Working hours: (A) Daily from 8:00 a.m. to 5:00 p.m.    (B) Total hours in workweek 40  (C) This position requires daily in-office or field work.

Florida Department of Health Mission, Vision, and Values:

Mission:

To protect, promote & improve the health of all people in Florida through integrated state, county & community efforts.

Vision:

To be the Healthiest State in the Nation.

Values:

I  nnovation: We search for creative solutions and manage resources wisely.

C ollaboration: We use teamwork to achieve common goals & solve problems.

A ccountability: We perform with integrity & respect.

R esponsiveness: We achieve our mission by serving our customers & engaging our partners.

E xcellence: We promote quality outcomes through learning & continuous performance improvement.

Where You Will Work:

800 Clematis Street, West Palm Beach, FL 33401

The Benefits of Working for the State of Florida:

Working for the State of Florida is more than a paycheck. The State’s total compensation package for employees features a highly competitive set of employee benefits including:

• Annual and Sick Leave benefits;
• Nine paid holidays and one Personal Holiday each year;
• State Group Insurance coverage options, including health, life, dental, vision, and other supplemental insurance options;
• Retirement plan options, including employer contributions

(For more information, please click www.myfrs.com);

• Flexible Spending Accounts;
• Tuition waivers;
• And more!

For a more complete list of benefits, including monthly costs, visit www.mybenefits.myflorida.com.

Please be advised:

Your responses to qualifying questions for this position must be verifiable by documentation provided through the electronic application process.  

This position requires a security background check and/or drug screening and participation in direct deposit. Any misrepresentations or omissions will disqualify you from employment consideration. Note: You will be required to provide your Social Security Number (SSN) in order to conduct this background check. Successful completion of a drug test is a condition of employment for safety-sensitive positions.

Male applicants born on or after October 1, 1962, will not be eligible for hire or promotion unless they are registered with the Selective Services System (SSS) before their 26th birthday, or have a Letter of Registration Exemption from the SSS. For more information, please visit the SSS website: http://www.sss.gov 

If you are a retiree of the Florida Retirement System (FRS), please check with the FRS on how your current benefits will be affected if you are re-employed with the State of Florida.  Your current retirement benefits may be canceled, suspended or deemed ineligible depending upon the date of your retirement. 

The successful candidate will be required to complete the Form I-9 and that information will be verified using the E-Verify system.  E-Verify is operated by the Department of Homeland Security in partnership with the Social Security Administration to verify employment eligibility.   

Incumbents may be required to perform emergency duty before, during, and/or beyond normal work hours or days.

All Florida Department of Health positions require the incumbent to be able to learn and communicate effectively, orally and in writing, in English. Applicants who do not meet this requirement will not be considered.  

The State of Florida is an Equal Opportunity Employer/Affirmative Action Employer and does not tolerate discrimination or violence in the workplace. 

Applicants requiring a reasonable accommodation, as defined by the Americans with Disabilities Act, must notify the agency hiring authority and/or People First Service Center (1-877-562-7287). Notification to the hiring authority must be made in advance to allow sufficient time to provide the accommodation. 

The State of Florida supports a Drug-Free workplace. All employees are subject to reasonable suspicion drug testing in accordance with Section 112.0455, F.S., Drug-Free Workplace Act. 

Florida has the third largest population of veterans in the nation with more than 1.5 million service men and women.  The Florida Department of Health (department) is committed to serving members of the United States Armed Forces, veterans and their families by encouraging them to apply for vacancies that fit their area of knowledge and/or expertise.  Through the Department's VALOR program, which expedites licensing for military veterans, the Department also waives initial licensing and application fees for military veterans who apply for a health care professional license within 60 months of an honorable discharge. These initiatives help ensure that the transition from military service into the workforce is as smooth as possible and reflects our appreciation for the dedication devoted to protecting our country.

Candidates requiring a reasonable accommodation, as defined by the Americans with Disabilities Act, must notify the agency hiring authority and/or People First Service Center (1-866-663-4735). Notification to the hiring authority must be made in advance to allow sufficient time to provide the accommodation.

The State of Florida supports a Drug-Free workplace. All employees are subject to reasonable suspicion drug testing in accordance with Section 112.0455, F.S., Drug-Free Workplace Act.