Chief Presiding Officer

1073997true1073997falseSubmission for the position Chief Presiding Officer - Job Number 260001OBfalse1073997falsetrueChief Presiding Officer260001OB

Who We Are

The Executive Office of Energy and Environmental Affairs (EEA) seeks to protect, preserve, and enhance Massachusetts environmental resources and create a clean energy future for all residents. Through the stewardship of open spaces, the protection of environmental resources, and the advancement of clean energy, EEA works tirelessly to make Massachusetts a wonderful place to live, work, and raise a family. Our commitment to environmental justice ensures that every resident, regardless of background or location, can live in a safe, clean environment and shares equally in the benefits of the clean energy transition.

The Massachusetts Department of Environmental Protection (MassDEP)

MassDEP is the state agency responsible for ensuring clean air, land, and water. Our work impacts every aspect of peoples lives and is critical to the health and well-being of our residents and visitors. MassDEP is the lead agency for safe management of toxic and hazardous materials, promotion of waste reduction and recycling, preservation of the states wetlands and coastal resources, air quality monitoring, and pollution reduction, and so much more.

Who We Are as an Employer

At EEA, we create meaningful, inclusive opportunities that empower our employees to make a real difference in shaping the environmental future of Massachusetts. We foster a workplace culture where diversity is valued, innovation is encouraged, and collaboration thrives. Our employees play a vital role in advancing sustainability, environmental justice, and clean energy solutions, ensuring a positive and lasting impact on Massachusetts and its residents.

Description

MassDEP is seeking a Chief Presiding Officer for the Office of Appeals and Dispute Resolution (OADR). OADR is an independent quasi-judicial office at MassDEP, staffed by Presiding Officers, senior environmental attorneys, appointed by MassDEPs Commissioner, to advise the Commissioner in resolving administrative appeals of MassDEP Permit Decisions, Civil Administrative Penalties, and Unilateral Administrative Orders in a neutral, fair, timely, and sound manner, based on the facts of the case, the governing environmental law, environmental statutes and regulations, and the requirements of the Massachusetts Administrative Procedure Act (G.L. c. 30A) and federal and state constitutional due process requirements.

Responsibilities

The Chief Presiding Officer is a senior manager responsible for supervising the work of Presiding Officers, OADRs Case Administrator, and OADRs Assistant Case Administrator. The Chief Presiding Officer also maintains an appellate caseload and performs Presiding Officer duties in appeals. Duties include:

• Overseeing the Office of Dispute Resolution (OADR), including serving as the reviewing manager of Presiding Officers, OADRs Case Administrator, and OADRs Assistant Case Administrator in performing their annual EPRS work performance evaluations.
• Reviewing administrative appeals and assigning them for resolution to Presiding Officers in OADR, in accordance with OADRs Standard Operating Procedure (SOP) for assignment of appeals.
• Maintaining appellate caseload and performing Presiding Officer duties in appeals.
• Supervising and working with OADRs Case Administrator and Assistant Case Administrator in maintaining accurate case file docketing information.
• Supervising and working with OADRs Case Administrator in maintaining case files and preparing Administrative Record for Court appeals of Final Decisions issued by MassDEPs Commissioner in administrative appeals.
• Maintaining appellate caseload and performing Presiding Officer duties in appeals.
• Managing and conducting appeals and formal hearings impartially.
• Working independently and managing a docket of appeals independently.
• Promoting mediation and alternative dispute resolution in appeals.
• Issuing formal written, impartial, and balanced Recommended Final Decisions in appeals that resolve novel legal or policy issues in a manner that best serves the policy interests of MassDEP and are consistent with the law and facts and promote consistent administration of the laws.
• Working exclusively and directly with MassDEPs Commissioner or designee regarding Final Decisions in appeals.
• Applying general principles of environmental and administrative law in each appeal, but also highly specialized provisions of statutes and regulations that arise in each appeal.
• Performing Peer Review of proposed rulings, Recommended Final Decisions, and Tentative Decisions of Presiding Officers.

Preferred Qualifications

• Member of the Massachusetts Bar Association.
• A minimum of 15 years of full-time or equivalent part-time professional and substantial legal experience in the areas of administrative law, environmental law, and litigation, of which at least five (5) years must have been in a supervisory capacity.
• Extensive knowledge of administrative, state, and federal laws relating to environmental protection and litigation.
• Knowledge of administrative appellate adjudicatory techniques and strategies.
• Knowledge of the methods and ability to conduct complex legal research and legal memoranda writing.
• Ability to address complicated legal issues.
• Ability to analyze and determine the applicability of legal data, draw conclusions, and make appropriate recommendations and conclusions.

Minimum Entrance Requirements

Applicants must have at least six (6) 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:

• At least two (2) years must have been in a supervisory or managerial capacity.
• Or
• 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 Bachelors degree in a related field may be substituted for two (2) years of the required A experience.
• III. A Graduate degree or higher in a related field may be substituted for three (3) years of the required A experience.
• IV. A Doctorate degree in a related field may be substituted for four (4) years of the required A 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.

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 dont meet 100% of the job requirements. We encourage individuals who believe they have the skills necessary to thrive to apply for this role.