PURPOSE OF THE JOB
Enforcement Counsel, under the direction of the Chief of Investigations and Enforcement, is responsible for assisting the Investigations and Enforcement Division staff regarding legal matters with licensing, inspections, investigations, and suitability disputes. The Enforcement Counsel will assist the enforcement division in implementing consistent regulatory compliance measures for the Commonwealth’s marijuana industry. The Enforcement Counsel will also be responsible for developing policies and proposing revisions to comply with legislative and regulatory changes with a focus on compliance and enforcement issues.
ESSENTIAL FUNCTIONS AND RESPONSIBILITIES
- Foster the principles of the Commission’s Mission Statement among the staff and all stakeholders;
- Assist licensing staff in drafting Suitability Recommendation Reports to the Suitability Review Committee;
- Represent the Commission on the Suitability Review Committee as needed;
- Assist in the development and implementation of the suitability standard for licensure;
- Advise and work with the licensing staff regarding the licensing, registering, and renewal processes for marijuana establishments and its agents;
- Advise and work with the investigative and licensing staff related to any disciplinary action involving an agent or licensee;
- Assist investigators with the legal analysis, fact-finding, and drafting of Investigative Dispositions to determine whether there is reasonable cause to believe that an entity or individual was in violation of 935 CMR 500.000, M.G.L. ch. 94G or any other state statue in which the Commission has jurisdiction;
- Draft Memoranda of Law and investigative and enforcement orders as assigned;
- Manage and participate in dispute resolution conferences;
- Assist in the development of progressive disciplinary actions related to compliance violations;
- Review and assist in the drafting of compliance stipulation agreements;
- Represent the Investigations and Enforcement Division at administrative hearings: M.G.L. ch. 30A;
- Collaborate with Investigations and Enforcement Division directors on compliance and enforcement matters;
- Collaborate with Executive Director and other members of the senior leadership team in developing regulatory procedures and processes related to any adverse or disciplinary actions toward an agent or licensee;
- Participating under special circumstances in investigations, inspections, and enforcement and education actions to ensure that Marijuana Establishments and Marijuana Transporters are following applicable laws, regulations, and policies;
- Work with stakeholder groups to understand the compliance and enforcement process at the Commission;
- Oversee the management and development of legal training materials and programs for the Investigations and Enforcement Division staff and external constituencies;
- Attend, present, and represent the Commission at public meetings, court hearings, and other public forums;
- Assist in the establishment of administrative policies and procedures with a focus on compliance and enforcement issues;
- Assist in the drafting of statutorily required reports as needed.
OTHER DUTIES AND RESPONSIBILITIES
- Refer incidents to law enforcement and public safety agencies, as needed;
- Collaborate with other state and local agencies, as well as external constituencies, to raise awareness of the Commonwealth’s marijuana laws and regulations;
- Establish program goals to support divisional and Commission strategic goals and activities;
- Maintain the highest standards of personal, professional and ethical conduct and support the Commission’s goals for a diverse and culturally aware workforce;
- Perform related duties as assigned.
Salary Range: $80,000 - $90,000
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 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 e-mail no later than Friday, July 13, 2018. The application package should be submitted to:
CommissionCareers@mass.gov
Please include the position title in the subject line: CNB Enforcement Counsel.
Submissions are due by 5:00 pm (e-mail) on July 30, 2018; late submissions may be considered solely at the discretion of the Commission.
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.
Qualifications
KNOWLEDGE AND SKILLS
- Familiarity with background investigations, including complex financial investigations;
- Excellent written and oral communication skills;
- Proven problem-solving skills and sound judgment;
- Developed 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 motivate others to assist in the achievement of organizational goals;
- 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 Commission’s Boston headquarters until May 2019.
- Ability to work in the Commission’s headquarters, likely to be in the Worcester area, after May 2019.
- 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 five-year experience practicing law, preferably in the public sector;
- Experience or familiarity with state agencies, especially state commissions;
- Significant 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;
- Verifiable ability and experience in developing stakeholder relationships;
- Experience in a regulatory agency or other compliance experience.