General Counsel

The Soldiers Home in Massachusetts – Chelsea is a Joint Commission accredited inpatient veterans’ facility owned and operated by the Commonwealth of Massachusetts. It is an independent state agency that organizationally reports to the Department of Veterans Services.

The General Counsel is responsible for providing legal research, advice, counsel and opinions to the Board of Trustees at the Soldiers' Home in Massachusetts (Chelsea), the Superintendent, and staff in subject matter areas under the jurisdiction of the Agency; representing the Agency before the Massachusetts Commission Against Discrimination, the Civil Service Commission, and superior and district courts of the Commonwealth of Massachusetts in cases where designated as a Special Assistant Attorney General; managing the review of Criminal Offender Record Index reports for all residential applicants, volunteers, student interns and outside contractors; managing the investigation and review of all presentment claims against the Agency submitted pursuant to General Laws Chapter 258; administrative appeals and administrative reviews; drafting and reviewing legislation; drafting and promulgating regulations; drafting and reviewing policy statements and informational memoranda; assisting and managing the implementation of policy initiatives of EOHHS; consulting with agency staff, the Office of the Attorney General on administrative appeals and litigation filed by or against the Agencies; the office Employee Relations and Human Resources; rendering legal assistance, advice or referrals to veterans, family members and other providers; managing the process of obtaining guardianships and conservatorships for patients as necessary; managing and assisting in employee discipline matters, including the conduct of investigations and sitting as Hearing Officer, as required; and performing all related work as required by the Superintendent.

The General Counsel is responsible for reviewing and updating on a continuing basis all existing regulations governing the conduct and operations of the Chelsea Soldiers’ Home, for drafting new regulations as required, and for managing the processes established by the Department of Veterans Services, Executive Office of Health and Human Services, Administration and Finance, the Governor's Office, and the Secretary of the Commonwealth for public hearing and promulgation of all revised and new regulations.

Duties and Responsibilities (these duties are a general summary and not all inclusive):

Oversees all Chelsea Soldiers' Home (CHE) legal matters and provides counsel and advice to the Superintendent, senior management, and CHE staff. The General Counsel provides legal direction and supervision relating to all facets of regulations, laws, legal decisions, and administrative determinations which impact agency operations.

The General Counsel participates and advises agency leadership in labor relations matters, including responding to employee grievances, conducting employee discipline, show cause hearings, and making disciplinary recommendations. The General Counsel represents the agency at OER and HRD appeals and assists in the preparation and presentation of unfair labor practice allegations and arbitrations brought by unions under collective bargaining agreements.

The General Counsel manages all aspects of litigation against CHE including but not limited to representing the agency at MCAD, civil actions and Civil Service litigation. The General Counsel also conducts reviews and investigations into any presentment or civil actions against the agency and prepares written recommendations for the Superintendent, Department of Veterans Services, and the Executive Office of Health and Human Services. The General Counsel maintains a relationship with the Commonwealth of Massachusetts Attorney General's Office and assists them in preparing for litigation brought against the agency in State and Federal court.

The General Counsel acts as the Records Access Officer and Privacy Officer. The General Counsel responds to public records requests, requests for medical records, requests for agency files, and advises staff on the Commonwealth Records Retention Schedule.

The General Counsel reviews and updates on a continuing basis all existing regulations, policies and procedures governing the conduct and operations of CHE, drafts new regulations, policies or procedures as required, and manages the agency's compliance with the processes established by the Executive Office of Health and Human Services, Administration and Finance, the Governor's Office, and the Secretary of the Commonwealth for public hearing and promulgation of all revised and new regulations.

The General Counsel collaborates with the Superintendent, Residential Services, and the Nursing Director on any matters involving resident misconduct or discipline. The General Counsel advises on processes and procedures on resident conduct including working with Resident Council, review of Resident Handbooks, review of Resident Rights pursuant to State and Federal regulations and investigates resident complaints as appropriate.

The General Counsel reviews all contracts entered into by the agency, including but not limited to contracts with Human Services Providers and contracts, Inter-Agency Service Agreements or Memoranda of Understanding with federal and state entities, and contracts and similar agreements with as private parties.

Other duties as assigned, including but not limited to speaking engagements or training opportunities before various veterans' advocacy groups, town hall meetings, or agency employees.

The Federally mandated policies and regulation involving HIPAA have added to the work­ load in those policies and procedures need to be developed under the requirements of the statute. Policies involving privacy and security need to be developed, implemented, and reviewed to ensure federally mandated compliance. Questions from veterans or families have increased over the privacy issues.

The General Counsel has become more involved in both managing the process of, and dealing with relevant legal issues thereto, in two major areas:

Emergency guardianships and conservatorships for patients at the Home who have no family able or willing to do so and

Manage the review of Criminal Offender Record Index reports for all residential applicants, volunteers, student interns and outside contractors.

Preferred Qualifications:

Attorney admitted to the Massachusetts Bar with at least ten years of experience in such areas as health law, state government, litigation, administrative law, and legal principles related to human resources. Five years of increasing responsibility in managing personnel, whether clerical, administrative or legal.

Knowledge of the techniques of conducting employee performance evaluations.

Organize work by establishing operating and/or reporting relationships and by assigning the work accordingly.

Understand, apply, and interpret the provisions of the laws, rules, regulations, policies, procedures, specifications, standards, and guidelines governing agency operations.

Write concisely, to express thoughts clearly, to develop ideas in logical sequence, and to utilize case precedent, statutes and regulations in written communications.

Gather information by examining records and documents and by questioning and observing individuals.

Anticipate and analyze difficult situations and take corrective action to prevent problems from occurring. Accomplish work objectives where few precedents or guidelines are available.

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, motivating subordinates to work effectively, determining then need for disciplinary action, and either recommending or initiating disciplinary action.

Coordinate the efforts of others in accomplishing assigned work objectives.

Select and develop staff by utilizing participatory management, personnel assessment, and performance review.

Communicate effectively in writing and in oral expression.

Ability to exercise sound judgment.

Establish and maintain harmonious working relationships with others.

Willingness to travel for job related purposes.

​​​​​Agency Mission:

The Soldiers’ Home in Chelsea is a multidimensional health care and housing facility first established in 1882. Our mission is to serve eligible Massachusetts veterans with dignity, honor and respect by providing long-term and skilled nursing care in our long-term care facility and delivering comprehensive housing services in our domiciliary facility. Chelsea proudly serves veterans from all eras; from World War II through the Global War on Terror

Pre-Offer Process:

A criminal and tax history background check will be completed on the recommended candidate as required by the regulations set forth by the Executive Office of Health and Human Services prior to the candidate being hired. For more information, please visit http://www.mass.gov/hhs/cori

Education, licensure and certifications will be verified in accordance with the Human Resources Division’s Hiring Guidelines.

Education and license/certification information provided by the selected candidate(s) is subject to the Massachusetts Public Records Law and may be published on the Commonwealth’s website.

If you require assistance with the application/interview process and would like to request an ADA accommodation, please click on the link and complete the Reasonable Accommodation Online Request Form

For questions, please the contact the Office of Human Resources at 1-800-510-4122 and select option #2.

Applicants should upload a cover letter and resume for the General Counsel Requisition.

Qualifications

Minimum Entrance Requirements:

Applicants must have at least (A) five (5) years of full-time or, equivalent part-time, professional, administrative, supervisory, or managerial experience in a particular specialty (i.e. scientific, professional, or technical) and must possess current license and/or registration requirements established for the performance of the position, of which (B) at least one (1) year must have been in a project management, supervisory or managerial capacity or (C) any equivalent combination of the required experience and substitutions below.

Substitutions:

I. A certificate in a relevant or related field may be substituted for one (1) year of the required (A) experience.

II. A Bachelor’s degree in a related field may be substituted for two (2) years of the required (A) experience.

III. A Graduate degree in a related field may be substituted for three (3) years of the (A) required experience.

IV. A Doctorate degree in a related field may be substituted for four (4) years of the (A) required experience.

Comprehensive Benefits

When you embark on a career with the Commonwealth, you are offered an outstanding suite of employee benefits that add to the overall value of your compensation package. We take pride in providing a work experience that supports you, your loved ones, and your future.

Want the specifics? Explore our Employee Benefits and Rewards!

Executive Order #595: As a condition of employment, successful applicants will be required to have received COVID-19 vaccination or an approved exemption as of their start date. Details relating to demonstrating compliance with this requirement will be provided to applicants selected for employment. Applicants who receive an offer of employment who can provide documentation that the vaccine is medically contraindicated or who object to vaccination due to a sincerely held religious belief may make a request for exemption.

An Equal Opportunity / Affirmative Action Employer. Females, minorities, veterans, and persons with disabilities are strongly encouraged to apply.

The Commonwealth is an Equal Opportunity Employer and does not discriminate on the basis of race, religion, color, sex, gender identity or expression, sexual orientation, age, disability, national origin, veteran status, or any other basis covered by appropriate law. Research suggests that qualified women, Black, Indigenous, and Persons of Color (BIPOC) may self-select out of opportunities if they don't meet 100% of the job requirements. We encourage individuals who believe they have the skills necessary to thrive to apply for this role.

Official Title: Program Manager Specialist VI

Primary Location: United States-Massachusetts-Chelsea-91 Crest Street

Job: Legal Services

Agency: Soldiers` Home Massachusetts

Schedule: Full-time

Shift: Day

Job Posting: Feb 1, 2023, 2:46:47 PM

Number of Openings: 1

Salary: 81,529.95 - 125,501.44 Yearly

If you have Diversity, Affirmative Action or Equal Employment Opportunity questions or need a Reasonable Accommodation, please contact Diversity Officer / ADA Coordinator: William Herbert ; [email protected] - 6176603443

Bargaining Unit: M99-Managers (EXE)

Confidential: No

Hybrid Work Eligible: Yes