General Counsel

GENERAL COUNSEL MASSACHUSETTS COMMUNITY COLLEGES

Overview of the General Counsel's Office The General Counsel's Office is agency counsel to the Massachusetts Community Colleges. The General Counsel's Office was established in 1980 following the reorganization of public higher education in the Commonwealth, which resulted in the establishment of individual community college boards of trustees and a centralized coordinating body, today known as the Board of Higher Education.

The Massachusetts community college system is comprised of fifteen colleges and represents the largest segment of public higher education in the Commonwealth, with over 140,000 credit and non-credit students. The General Counsel's Office provides exclusive legal support and representation to the community colleges' presidents, boards of trustees, and senior administrators in the exercise of their official duties and responsibilities. The General Counsel is authorized to represent the community colleges in specific legal matters pursuant to the General Counsel's designation as a Special Assistant Attorney General by the Massachusetts Attorney General's Office. The General Counsel reports to the Chair of the Council of Community College Presidents, a rotating position among the community college presidents. The General Counsel's Office is staffed by a team of seven attorneys and professional staff and an Executive Legal Assistant and Paralegal and is located on the Bedford Campus of Middlesex Community College.

General Scope of Services The General Counsel's Office advises the community colleges in all areas of higher education law including, but not limited to, state and federal law compliance; contract law; student and employee discipline; free speech; immigration; student records; board of trustees and foundation governance; tort liability; sexual harassment and violence; employee and student discrimination; policy development; collective bargaining and labor law; accessibility; and data breaches. Annually, the Office conducts comprehensive legal seminars and training programs for board members, system administrators, managers, and staff. The Office also represents the community colleges in state court and before a variety of state and federal commissions and agencies including the Massachusetts Commission Against Discrimination, the Division of Labor Relations, the American Arbitration Association, the Office for Civil Rights, and the Equal Employment Opportunity Commission. The Office consults and works with the Office of the Attorney General and the legal offices of a number of state agencies including, for example, the Executive Office of Education, the Department of Higher Education, the Comptroller's Office, and the Division of Capital Asset Management and Maintenance, as needed.

General Statement of Duties The General Counsel serves as the primary legal advisor and representative for the Massachusetts Community Colleges, including their presidents, boards of trustees, and senior administrators.

Examples of Duties

• Supervise and oversee General Counsel staff, including coordination of coverage.
• Provide strategic risk mitigation through assisting colleges, addressing legal risks in complex, multifaceted areas.
• Align projects by enduring legal advice that complies with state and federal regulation, while supporting college missions.
• Provide operational support through legal advice on crisis response, governance, accreditation, and related issues that may arise.
• Collaborate with institutional representatives to review initiatives for legal compliance.
• Advise the colleges, collectively or individually, on applicable state and federal law, statutes, and regulations as they apply to the unique community college structure.
• Formulate, implement, and advise on applicable legal policies and procedures, either to individual colleges or collectively to the 15 community college presidents for systemwide matters or through smaller presidential committees, and/or in conjunction with the Massachusetts Association of Community Colleges, as may be applicable.
• Develop, review, and advise on contracts, licenses, leases, procurement policies and procedures, and other legal documents to ensure compliance with applicable law.
• Assist the Attorney General's Office and/or represent the community colleges in litigation, including the preparation of pleadings, position statements, pre-trial motions, findings of fact, discovery, court and agency appearances, and appellate review.
• Draft and review legislation and/or regulations in support of the mission and operation of the community colleges.
• Develop legal strategies and objectives to support the community colleges' goals.
• Supervise the attorneys and staff members reporting to the General Counsel and ensure that the business of the General Counsel's office is conducted efficiently, consistently, and in a timely manner, building a high performing collegial in-house legal team.
• Work in close collaboration with the Executive Director of the Massachusetts Association of Community Colleges (who also reports to the Chair of the Massachusetts Community College Presidents) to ensure that the community colleges and their leaders receive services that are well-aligned and comprehensive.
• Maintain a presence at all 15 community college campuses and conduct in-person meetings with each president.
• Conduct legal research and prepare letter briefs, opinions, advisories, and memoranda of law to inform and assist presidents, trustees, and other senior administrators with the performance of their official duties.
• Serve as the senior legal liaison with public and private organizations, including agencies within state government and the executive branch.
• Advise the community colleges in matters relating to employment and labor law, including formal arbitration and mediation practices.
• Oversee staff attorneys who are engaged directly in collective bargaining.
• Prepare an annual report and periodic reports as requested concerning the Office's activities and the status of pending legal matters.
• Prepare and conduct legal training programs in areas including compliance with employment laws and federal and state laws.
• Analyze and provide policy and process advice related to compliance and risk management.
• Prepare an annual office budget.
• Perform all such other duties as may be assigned.

Required Areas of Experience The General Counsel should have a broad base of demonstrated experience supervising and acting as a project manager, and providing advice, collectively and individually, to multifaceted public entities on higher education, employment, discrimination, and/or labor law and the ability to supervise and provide oversight of office attorneys who will collectively provide a community college-centric working knowledge and understanding of applicable state and federal laws including, but not limited to: Massachusetts General Law, Chapters 15A, 151B, 151C, 150E, 258, open meetings, public records, state ethics, campaign finance, procurement, FERPA, HIPAA, FMLA, SEVP, GDPR, Title IX, ADA, Section 504, and the First Amendment.

Minimum Qualifications JD degree from an ABA accredited law school; member of the Massachusetts Bar or eligible to become a member of the Massachusetts bar. Fifteen years of applicable experience as a practicing attorney; public sector experience strongly preferred. Understanding of legal issues in higher education (particularly academic and student affairs matters), federal higher education policy, and industry trends. Managerial and supervisory experience in a complex or multi-entity organization. Excellent oral, writing, research, analytical, organizational and interpersonal skills. Ability to triage, prioritize, and manage multiple tasks and exercise judgment in a timely manner. Attention to detail and accuracy. Ability to maintain high levels of integrity, professionalism, and discretion in handling confidential legal matters. Ability to collaborate and find solutions to complex problems. Demonstrated ability to advise senior leaders, exercise sound judgment, and address complex, multidisciplinary issues. Demonstrated ability to foster an environment in which a variety of backgrounds and viewpoints are highly valued.

Salary Range $210,000-$240,000

If you experience any technical difficulties while applying, please contact Jessica Wiley-McDonald at jwileymcdonald@massbay.edu for assistance.