General Counsel

GENERAL COUNSEL
MASSACHUSETTSCOMMUNITY COLLEGES

Overview of the General Counsel's Office

TheGeneral Counsel's Office is agency counsel to the Massachusetts CommunityColleges. The General Counsel's Office was established in 1980 following thereorganization of public higher education in the Commonwealth, which resultedin the establishment of individual community college boards of trustees and acentralized coordinating body, today known as the Board of Higher Education.The Massachusetts community college system is comprised of fifteen colleges andrepresents the largest segment of public higher education in the Commonwealth,with over 140,000 credit and non-credit students. The General Counsel's Officeprovides exclusive legal support and representation to the community colleges'presidents, boards of trustees, and senior administrators in the exercise oftheir official duties and responsibilities. The General Counsel is authorizedto represent the community colleges in specific legal matters pursuant to theGeneral Counsel's designation as a Special Assistant Attorney General by theMassachusetts Attorney General's Office. The General Counsel reports to theChair of the Council of Community College Presidents, a rotating position amongthe community college presidents. The General Counsel's Office is staffed by ateam of seven attorneys and professional staff and an Executive Legal Assistantand Paralegal and is located on the Bedford Campus of Middlesex CommunityCollege.

GeneralScope of Services

TheGeneral Counsel's Office advises the community colleges in all areas of highereducation law including, but not limited to, state and federal law compliance;contract law; student and employee discipline; free speech; immigration;student records; board of trustees and foundation governance; tort liability;sexual harassment and violence; employee and student discrimination; policydevelopment; collective bargaining and labor law; accessibility; and databreaches. Annually, the Office conducts comprehensive legal seminars andtraining programs for board members, system administrators, managers, andstaff. The Office also represents the community colleges in state court andbefore a variety of state and federal commissions and agencies including theMassachusetts Commission Against Discrimination, the Division of LaborRelations, the American Arbitration Association, the Office for Civil Rights,and the Equal Employment Opportunity Commission. The Office consults and workswith the Office of the Attorney General and the legal offices of a number ofstate agencies including, for example, the Executive Office of Education, theDepartment of Higher Education, the Comptroller's Office, and the Division ofCapital Asset Management and Maintenance, as needed.

General Statement of Duties

The General Counsel serves as the primary legal advisor andrepresentative for the Massachusetts Community Colleges, including theirpresidents, boards of trustees, and senior administrators.

Examples of Duties

• Supervise and oversee General Counsel staff, including coordination of coverage.
• Provide strategic risk mitigation through assisting colleges, addressing legal risks in complex, multifaceted areas.
• Align projects by enduring legal advice that complies with state and federal regulation, while supporting college missions.
• Provide operational support through legal advice on crisis response, governance, accreditation, and related issues that may arise.
• Collaborate with institutional representatives to review initiatives for legal compliance.
• Advise the colleges, collectively or individually, on applicable state and federal law, statutes, and regulations as they apply to the unique community college structure.
• Formulate, implement, and advise on applicable legal policies and procedures, either to individual colleges or collectively to the 15 community college presidents for systemwide matters or through smaller presidential committees, and/or in conjunction with the Massachusetts Association of Community Colleges, as may be applicable.
• Develop, review, and advise on contracts, licenses, leases, procurement policies and procedures, and other legal documents to ensure compliance with applicable law.
• Assist the Attorney General's Office and/or represent the community colleges in litigation, including the preparation of pleadings, position statements, pre-trial motions, findings of fact, discovery, court and agency appearances, and appellate review.
• Draft and review legislation and/or regulations in support of the mission and operation of the community colleges.
• Develop legal strategies and objectives to support the community colleges' goals.
• Supervise the attorneys and staff members reporting to the General Counsel and ensure that the business of the General Counsel's office is conducted efficiently, consistently, and in a timely manner, building a high performing collegial in-house legal team.
• Work in close collaboration with the Executive Director of the Massachusetts Association of Community Colleges (who also reports to the Chair of the Massachusetts Community College Presidents) to ensure that the community colleges and their leaders receive services that are well-aligned and comprehensive.
• Maintain a presence at all 15 community college campuses and conduct in-person meetings with each president.
• Conduct legal research and prepare letter briefs, opinions, advisories, and memoranda of law to inform and assist presidents, trustees, and other senior administrators with the performance of their official duties.
• Serve as the senior legal liaison with public and private organizations, including agencies within state government and the executive branch.
• Advise the community colleges in matters relating to employment and labor law, including formal arbitration and mediation practices.
• Oversee staff attorneys who are engaged directly in collective bargaining.
• Prepare an annual report and periodic reports as requested concerning the Office's activities and the status of pending legal matters.
• Prepare and conduct legal training programs in areas including compliance with employment laws and federal and state laws.
• Analyze and provide policy and process advice related to compliance and risk management.
• Prepare an annual office budget.
• Perform all such other duties as may be assigned.
  

Required Areas ofExperience

The General Counsel should have a broadbase of demonstrated experience supervising and acting as a project manager,and providing advice, collectively and individually, to multifaceted publicentities on higher education, employment, discrimination, and/or labor law andthe ability to supervise and provide oversight of office attorneys who willcollectively provide a community college-centric working knowledge andunderstanding of applicable state and federal laws including, but not limitedto: Massachusetts General Law, Chapters 15A, 151B, 151C, 150E, 258, openmeetings, public records, state ethics, campaign finance, procurement, FERPA,HIPAA, FMLA, SEVP, GDPR, Title IX, ADA, Section 504, and the FirstAmendment.

Minimum Qualifications

• JD degree from an ABA accredited law school; member of the Massachusetts Bar or eligible to become a member of the Massachusetts bar.
• Fifteen years of applicable experience as a practicing attorney; public sector experience strongly preferred.
• Understanding of legal issues in higher education (particularly academic and student affairs matters), federal higher education policy, and industry trends.
• Managerial and supervisory experience in a complex or multi-entity organization,
• Excellent oral, writing, research, analytical, organizational and interpersonal skills.
• Ability to triage, prioritize, and manage multiple tasks and exercise judgment in a timely manner.
• Attention to detail and accuracy.
• Ability to maintain high levels of integrity, professionalism, and discretion in handling confidential legal matters.
• Ability to collaborate and find solutions to complex problems.
• Demonstrated ability to advise senior leaders, exercise sound judgment, and address complex, multidisciplinary issues.
• Demonstrated ability to foster an environment in which a variety of backgrounds and viewpoints are highly valued.

Salary Range

$210,000-$240,000

If youexperience any technical difficulties while applying, please contact JessicaWiley-McDonald at jwileymcdonald@massbay.edu for assistance.