Associate Enforcement Counsel – (240008LV)
Description
PURPOSE OF THE JOB
The Associate Enforcement Counsel, under the direction of the Enforcement Counsel, represents the Commission in adjudicatory proceedings under M.G.L. c. 30A alleging violations of Commission laws and in informal proceedings relative to suitability disputes. The Associate Enforcement Counsel provides legal support to Enforcement Counsel in advising the agency on all enforcement-related matters. The Associate Enforcement Counsel is also responsible for assisting the Investigations and Enforcement department staff regarding legal matters with licensing, inspections, investigations, testing, enforcement and internal project management. This position counsels and advises all enforcement units in the implementation of the Commission’s statute and regulations and the development of consistent regulatory compliance measures for the Commonwealth’s marijuana industry. In addition, the Associate Enforcement Counsel assists in developing policies and proposing regulatory revisions to comply with legislative and regulatory changes with a focus on compliance and enforcement.
ESSENTIAL FUNCTIONS AND RESPONSIBILITIES
- Attend, present, and represent the Commission at public meetings, court hearings, and other public forums in relation to enforcement matters;
- Assist in the civil prosecution of enforcement matters in formal and informal administrative hearings conducted pursuant to M.G.L. c. 30A, to include drafting motions, briefs, discovery requests, preparing evidence, and conducting direct and cross examination;
- Assist the negotiation of disputes at dispute resolution conferences and the drafting of compliance stipulated agreements;
- Assist in bringing suitability disputes before the Suitability Review Committee through the informal proceeding process to include drafting position statements and compiling the corresponding evidentiary record;
- Draft internal memoranda of position summarizing investigative findings and evaluation of available enforcement remedies relative to matters referred for further enforcement action;
- Assist Enforcement Counsel in advising the Commission on enforcement-related legal matters, including but not limited to the Commission’s Chief of Investigations and Enforcement, Director of Licensing, Director of Investigations, and Director of Testing and their staff, as evidenced by the development of coherent and well-researched written and oral advice;
- Advise and work with investigative, licensing, compliance, testing and other enforcement staff on statutory and regulatory interpretation needed to effectuate and implement Commission laws and draft memoranda of legal research and recommendations as appropriate;
- Resolve legal questions arising from Enforcement staff’s implementation and enforcement of Commission laws and performance of compliance and oversight functions through legal research and counsel and advice;
- Lead special investigations as assigned;
- Develop subject matter expertise in the areas of compliance monitoring, assessment, and enforcement of the Commonwealth’s marijuana laws;
- Assist with the revision of Commission regulations by performing legal research and analysis and utilizing subject matter expertise to draft and amend regulatory provisions with a focus on regulatory enforceability and implementation;
- Provide legal analysis and advice on the determination of all requests seeking exemption from Commission regulations;
- Advise and consult on the development of Commission polices;
- Foster the principles of the Commission’s Mission Statement among the staff and all stakeholders;
- Monitor developments in federal marijuana policy and state regulatory guidance;
- Conduct legal research comparing regulatory approaches in legalized marijuana jurisdictions;
- Monitor developments in the regulated cannabis industry; and
- Collaborate with federal, state, and local government agencies on enforcement-related matters where appropriate and assist the Chief of Investigations and Enforcement on other special initiatives as needed
- Lead special investigations as assigned by the Chief of Investigations and Enforcement; Conduct legal training programs for the Investigations and Enforcement staff as determined by the Chief of Investigations and Enforcement;
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.
Qualifications
KNOWLEDGE AND SKILLS
- Creativity, intellectual flexibility, and the ability to navigate a wide range of multi-faceted issues;
- Excellent written and oral communication skills;
- Excellent analytical skills;
- Proven problem-solving skills and sound judgment;
- Knowledge and familiarity with cannabis laws and the cannabis industry;
- Ability to synthesize complex information and convey legal arguments and opinions to a wide range of audiences;
- 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 well-founded legal arguments and opinions;
- Ability to exercise sound judgment in complex situations;
- Ability to exercise discretion when handling confidential information;
- Strong interpersonal and organizational skills;
- Ability to work independently, productively, and collaboratively in an evolving environment;
- 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 Boston location; and
- Willingness to travel throughout the Commonwealth when necessary.
EDUCATION AND EXPERIENCE
- Juris Doctor from an ABA-accredited law school and a member in good standing with the Massachusetts bar;
- Experience or familiarity with the Commonwealth’s cannabis laws;
- Minimum three-year experience practicing law, 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 and/or prosecuting cases;
- Experience in administrative law and litigation, licensing and/or investigations;
- Knowledge and understanding of the administrative adjudicatory hearing process
- Knowledge in the areas of constitutional law and/or statutory interpretation;
- Experience in a regulatory agency.
- Experience in corporate and/or municipal law is a plus
- Cannabis experience desirable
Salary Range: $86,000 – $108,000
Benefits Package:
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 a non-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.
Notice of Required Background Check – Including Tax Compliance:
The Commission requires a background check on all prospective employees as a condition of employment.
Candidates should be aware of this requirement but should also know that such background check is not initiated until:
- A candidate is invited to a second or subsequent interview, and
- The candidate has signed the Background Check Authorization Form and related releases.
This background check includes a Criminal Offender Record Information (CORI) check, Federal IRS and Department of Revenue state tax compliance on all prospective employees as a condition of their employment.
Candidates with advanced degrees and professional licenses may have these credentials verified. Individuals other than those references provided by a candidate may be contacted in the course of completing a full background and qualification check.
Those candidates invited to interview will be contacted by the Commission. Unfortunately, due to the anticipated high volume of applicants for this vacancy, we are unable to provide status updates to specific individuals.
Official Title: Assoc Enforcement Counsel, CNB
: United States-Massachusetts-Worcester-2 Washington Square
: Cannabis Control Commission
: Oct 4, 2024, 2:39:53 PM
: 86,000.00 – 108,000.00 Yearly
If you have Diversity, Affirmative Action or Equal Employment Opportunity questions or need a Reasonable Accommodation, please contact Diversity Officer / ADA Coordinator: Debra Hilton Creek – 7744150200
Potentially Eligible for a Hybrid Work Schedule: Yes
|
