Full Job Description
PURPOSE OF THE JOB
The Associate Enforcement Counsel, under the direction of the Enforcement Counsel, is responsible for assisting the Investigations and Enforcement Department staff regarding legal matters with licensing, inspections, investigations, and suitability issues. This position will assist the enforcement units in implementing consistent regulatory compliance measures for the Commonwealth’s marijuana industry. In addition, the Associate Enforcement Counsel will assist in developing policies and proposing revisions to comply with legislative and regulatory changes with a focus on compliance and enforcement matters.
ESSENTIAL FUNCTIONS AND RESPONSIBILITIES
- Foster the principles of the Commission’s Mission Statement among the staff and all stakeholders;
- Monitor developments in federal marijuana policy and state regulatory rulemaking and guidance;
- Conduct research comparing regulatory approaches in legalized marijuana jurisdictions;
- Coordinate responses to inquiries about licensing issues, investigations, and enforcement;
- Advise and work with the investigative, licensing, and enforcement staff related to any prospective or pending disciplinary actions involving an agent or licensee;
- Assist investigators and compliance officers with the legal analysis, factfinding, and drafting of Notices of Deficiencies, requests for information, written interrogatories, administrative subpoenas, and other investigative instruments to determine whether there is reasonable cause to believe that an entity or individual was in violation of 935 CMR 500.000, 935 CMR 501.000, M.G.L. c. 94G, M.G.L. c. 94I, or any other state laws or regulations in which the Commission has jurisdiction;
- Monitor licensee activity and conduct investigations through the Commission’s seed-to-sale inventory tracking system of record;
- Lead special investigations as assigned;
- Maintain administrative and investigative files to support any compliance and enforcement initiatives;
- Assist Enforcement Counsel in developing, implementing and facilitating department staff engagement with case management protocols;
- Conduct legal training programs for the licensing and investigative staff and for external stakeholders.
- Draft memoranda of position summarizing investigative findings and evaluation of available enforcement remedies along with internal status memoranda setting forth procedural status of particular enforcement matters;
- Advise and work with the licensing staff regarding the licensing, registering and renewal processes for marijuana establishments and its agents;
- Assist licensing staff in developing and implementing investigative background check procedures and suitability standards for licensure;
- Assist enforcement staff in reviewing applicant background check information, making recommendations for further investigation or review of particular matters, attend Suitability Review Committee meetings, when needed, and assist in drafting suitability related reports as assigned;
- Collaborate with Enforcement Counsel, the Executive Director, Commissioners, and other members of the senior leadership team in developing regulatory procedures related to any adverse or disciplinary actions toward an agent or licensee;
- Participate in dispute resolution conferences as assigned and assist in drafting compliance stipulation agreements;
- Assist the Investigations and Enforcement Department at administrative hearings: M.G.L. c. 30A; and
- Attend, present, and represent the Commission at public meetings, court hearings, and other public forums.
OTHER DUTIES AND RESPONSIBILITIES
- Maintain the highest standards of personal, professional, and ethical conduct and support the Commission’s goals for a diverse and culturally aware workforce;
- Refer incidents to law enforcement and public safety agencies, when directed by Enforcement Counsel or the Chief of Investigations and Enforcement; and
- Perform related duties as assigned.
The Commission is pleased to offer a comprehensive benefits package to its employees. The specific components and eligibility may vary based upon position classification, hours worked per week and other variables. Therefore, specific benefits for this position may be discussed as part of the interview and offer process.
This position is non-civil service. This position is an exempt position.
The overall benefits available include: paid vacation, sick and personal leave time, health, dental and vision insurance through the Commonwealth’s Group Insurance, and optional pre-tax Health Savings Account plans.
In addition, the Commission provides employees the opportunity to elect life insurance, long term disability insurance, deferred compensation savings, tuition remission and pre-tax commuter account plans, along with other programs.
The Commission employees also participate in the Commonwealth’s State Retirement Plan, which can become a defined benefit plan for those that both vest and subsequently retire from State service. Follow this link for additional retirement information: http://www.mass.gov/treasury/retirement/state-board- of-retire/.
Commitment to Diversity:
The Commission is committed to building a diverse staff across its entire agency and at all levels. The Commission is an equal opportunity/affirmative action employer.
Application Process and Deadline:
The Commission encourages interested candidates that meet the minimum requirements for experience and skills to apply for this position. Interested candidates should submit a cover letter and resume by email no later than July 2, 2021. The application package should be submitted to:
Please include the position title in the subject line: CCC – Associate Enforcement Counsel
Submissions are due by 5:00 pm (e-mail) on July 2, 2021, late submissions may be considered solely at the discretion of the Commission.
KNOWLEDGE AND SKILLS
- Familiarity with background investigations, including financial investigations;
- Excellent written and oral communication skills;
- Proven problem-solving skills and sound judgment;
- Knowledge of the cannabis regulatory environment;
- Ability to conduct comprehensive legal research, including the ability to analyze legal precedent and apply it to factual circumstances;
- Ability to present clear, concise, and correct legal arguments;
- Ability to exercise discretion when handling confidential information;
- Strong interpersonal and organizational skills;
- Ability to work independently, productively, and creatively in an evolving environment;
- Ability to meet expectations and is accountable for their work;
- Commitment to building constructive working relationships;
- Ability to resolve disputes with external stakeholders in a timely manner;
- Must demonstrate a proficiency with computers and MS Office Suite (Outlook, Word, Excel, PowerPoint);
- Willingness to learn state and Commission-specific electronic systems;
- Ability to work in and travel to our Worcester headquarters; and
- Willingness to travel throughout the Commonwealth when necessary.
EDUCATION AND EXPERIENCE
- Juris Doctorate from an ABA-accredited law school and a member in good standing with the Massachusetts bar;
- Minimum three-year experience practicing law or have compliance experience, preferably in the public sector;
- Experience or familiarity with state agencies, especially state commissions;
- Experience in civil or criminal litigation;
- Experience in managing large caseloads;
- Experience in administrative law and litigation;
- Knowledge and understanding of the administrative adjudicatory hearing process; and
- Experience in a regulatory agency.