This position may be filled at Asst General Counsel I or Asst General Counsel II classification. The final classification and salary will be determined based on the selected candidate's qualifications and relevant legal experience.

GENERAL DESCRIPTION
Performs complex (journey-level) legal work. Works under general supervision, with moderate latitude for the use of initiative and independent judgment. Provide guidance to agency staff, the board, or the commission on various open government regulations and the agency’s administrative rules. Provide input on the development of agency programs and the establishment of agency procedures. Employees at this level may train, coordinate, and lead the work of others. Advises agency management on programs and issues involving legal risks. Draft and negotiate contracts and related documents. Interview clients and witnesses to obtain facts of a case.

PRINCIPAL JOB DUTIES AND RESPONSIBILITIES
90% Reviews, analyzes, and processes Public Information Act (PIA) requests. Provides legal advice and opinions on release of Public Information Act (PIA) requests. Responsible for ensuring responsive information and other PIA related deadlines are met and redacted appropriately, if required. Reviews all PIA request including law enforcement requests and subpoenas for documents and records responsive to request, including law enforcement materials and subpoenas. Ensures responsive information to PIA requests is timely provided, accurate and redacted appropriately when required. Consults With higher level General Counsel and escalate issues as needed.

Drafts all requests for Attorney General Opinions on PIAs requests that are exempted from disclosure. Prepares 10-day and 15-day and includes writing of 15-day briefs in support of exemptions from disclosure under the PIA.

May conduct legal research related to open records, confidentiality laws, and applicable statutes. Provides legal advice and opinions on policy decisions related to PIA and Open government issues.

May assist with drafting, reviewing and editing legal documents, memoranda, bills, administrative rules, amendments for legislative consideration as it relates to PIA and open government and ensures compliance with statutory deadlines and legal requirements.

Works closely with administrative staff to ensure all PIA requests are properly logged and tracked. Maintains confidentiality of sensitive information

5% Work on special projects as assigned. Research legal matters as directed

5% Performs related duties to support Office of General Counsel as assigned.

REQUIRED EXPERIENCE AND EDUCATION
Attorney I
• Graduation from an accredited law school with an L.L.B. or J.D. degree
• Must be licensed to practice law in Texas and must be in good standing
• Knowledge of legal research and writing
• If internal candidate, must be in good performance standing within your current department

Attorney II
• Graduation from an accredited law school with an L.L.B. or J.D. degree
• Must be licensed to practice law in Texas and must be in good standing
• At least two to three years of relevant legal experience in open government, administrative law, government law or open records.
• If internal candidate, must be in good performance standing within your current department

Preferred Qualifications for both levels
• Experience in open records and open government is preferred
• Experience in practice of administrative or regulatory law is preferred
• Experience in general counsel work is preferred

KNOWLEDGE, SKILLS, AND ABILITIES
Knowledge of:
• Administrative law, Texas Public Information Act, Open Meetings Law, Administrative Procedure Act, Government Code, rulemaking procedure, and appellate review.
• State and federal confidentiality laws
• Legal research methods, principles, and procedures
• Statutes and rules (state and federal) regulating agency licenses.
• Related statutes and rules affecting agency licensee, e.g. pharmacy law, criminal law, ethics, etc.
• Legal principles and practices of law related to licensing and regulations of professional licenses.
• Contract law, including General Services Commission Regulations.
• Employment Law

Skill in:
• Legal writing, including briefs and memoranda.
• Analyzing and interpreting complex legal documents
• Reviewing and redacting sensitive information.
• Organizing and prioritizing duties and assignments
• Identifying problems and reviewing related information to develop and evaluate options and implement solutions
• Using logic and reasoning to identify the strengths and weaknesses of alternative solutions, conclusions, or approaches to problems, and in reconciling difference
• Managing multiple deadlines and priorities.

Ability to:
• Interpret and apply laws, regulations, and policies
• Communicate clearly and effectively, both orally and in writing
• Exercise sound legal judgment and discretion; maintain strict confidentiality
• Work independently and collaboratively in a fast-paced work environment
• Work with program staff and board members in a cooperative and supportive manner
• Meet deadlines while managing multiple projects and responsibilities
• Prepare legal documents, to write and prepare rules, policies, and procedures, to conduct research, to interpret and apply laws, and to summarize findings.
• To work effectively in a team environment

WORKENVIRONMENTREQUIREMENTS

Due to office space limitations, this position is eligible for telecommuting up to two days per week. In person attendance of board meetings is required.

·Regular and punctual attendance Monday – Friday.

·Require be in office two days per week and for board meetings.

·Must respond to internal and external communications in a timely manner which is at least.

oWithin 72 hrs (3 business days) of when external communication is received.

oWithin 24 hrs (1 business day) of when internal communication is received.

·Within 15 minute while working remotely during business hrs if contacted by your Manager

unless you are on a pre-approved leave or on a recognized lunch or exercise break.

·Frequent use of personal computers, copiers, printers, and telephones.

·Frequent sitting.

·Frequently working under deadlines, as a team member, and in direct contact with others.

·Compliance with all agency policies and procedures, including but not limited to applicable

confidentiality, security and safety rules, regulations and standards.

PHYSICAL REQUIREMENTS AND/OR WORKING CONDITIONS

The principal job is performed in a standard office and requires:

·If temporarily working remotely due to limited office space, applicants must have a dedicated, quiet, and secure workspace that ensures privacy and minimal distractions to maintain confidentiality while working remotely.

·If temporary working remotely due to limited office space, an applicant must have reliable and secure high speed internet access with a minimum of 20 MBPS download and 2 MBPS upload.

·Applicants may be required to provide confirmation from the area ISP.

·All applicants will have frequent use of keyboard, mouse, and other input devices.

·All applicants need to have the ability to participate in video calls, phone calls, and virtual meetings.

·All applicants may experience frequently working under deadlines, individually or as a team member, and at times may collaborate with others to meet deadlines.

·All applicants may generally experience low physical demands, occasional lifting of equipment

up to a certain weight (e.g. 10-40 lbs.).

LEGAL REQUIREMENTS

·In accordance with state law, authorization for telework may not be awarded to an employee as a condition of hiring.

·A new employee must complete department probationary training period before evaluation for a telework agreement.

·TMB will conduct a TXDPS criminal history check on all new hires due to access to confidential or sensitive data while performing the work of the position applied for.

·Cannot hold outside employment that interferes with assigned work schedule, nor does it constitute a conflict of interest with TMB employment and services.

·Must reside in Texas.

·Dual employment at another state agency or Texas public university is not permitted.

·If hired, you must provide documentation(s) within three days of hire that establishes identity and employment verification.

·Employees assigned to agency-issued devices (e.g., laptops, cell phones) are expected to use these devices exclusively for work-related duties.

·The use of personal devices for official work is strictly prohibited unless expressly authorized.

·The Texas Medical Board does not sponsor H-1B visas.

NEW HIRES/REHIRES

60-day waiting period for health coverage.

REMARKS

Resumes will not be accepted without a completed and signed State of Texas application. Only the candidates selected for an interview will be contacted and will receive written notification of application results.

EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER

The Texas Medical Board does not discriminate on the basis of race, color, national origin, sex, age, religion, disability or veteran status. Employment opportunities shall not be denied to a qualified individual with a disability that requires reasonable accommodation. The applicant should communicate requests for reasonable accommodation by calling (512) 305-7142.

Selective Service Requirement: If selected for employment, male applicants ages 18 through 25 must present proof of registration or exemption with the federal Selective Service System.