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Privacy Officer and Division Counsel

2 months ago

Salt Lake County, United States Utah Department of Human Services Full time

Job Description



The Office of General Counsel of the Department of Workforce Services seeks an experienced attorney to join a small team of in-house counsel. This position is based in Salt Lake City; however, hybrid schedule telework opportunities are available, provided client needs are met.

The Office of General Counsel represents and advises agency executive leadership, agency divisions, and several public bodies supported by the agency, in all matters. This may include providing legal opinions and counsel to ensure compliance with federal and state law; reviewing contracts, grants, and other legal documents; drafting administrative rules and agency policy; and representing the agency in civil matters in both state and federal court.

The successful applicant will assume the responsibilities of the agency's privacy officer, including: providing legal guidance regarding compliance with data privacy and other records laws; providing direct legal support to the agency’s data security team, the research and analysis teams, and records and information disclosure officers; representing the agency in administrative proceedings, such as the State Records Committee; and developing and maintaining the agency's privacy plan.

The successful applicant must have sophisticated and advanced legal writing skills and the ability to communicate clearly, concisely and effectively. Preference will be given to applicants with experience in data privacy and security, and records management; and advising executive leadership and representing governmental entities. The ability to learn novel computer applications is essential as navigating agency specific computer applications is required. Membership in good standing in the Utah State Bar, or qualification to practice pending admission to the Utah Bar under Supreme Court Rule of Professional Practice 14-809, is required. Infrequent travel may be required as in-house counsel may need to engage in legal proceedings, and training opportunities throughout the State.

As part of this application process, you must upload a 5-to-10-page legal writing sample into your application profile. Applicants who do not provide a writing sample will not be considered.

Example of Duties
An employee in this position may perform the following tasks:

Develop and maintain the agency’s privacy plan and program; assist agency records officers in creating and updating records series in compliance with state laws; draft or review personal data request notices for all agency programs and activities; respond to records requests and subpoenas; review agency record retention schedules for compliance with state laws; and review security and privacy issues with the agency’s data security officer and other agency officials. Provide consultation, make recommendations, and give appropriate legal advice to executive leadership, agency divisions, and related public bodies. Receive, research, and respond to incoming legal questions; conduct legal research and analysis, gather evidence and prepare concise recommendations based upon facts, interpretations of law and compliance with state and federal standards. Write or draft correspondence, reports, documents, administrative orders, or other written materials. Review contracts, grants and data sharing agreements for compliance. Prepare cases by conducting legal research and gathering evidence. Facilitate resolution of civil and administrative actions; represent agency at formal or informal hearings. Present written and oral argument on matters before any type of court, judge, or adjudicator. Take administrative and civil legal action against violators of statutes and rules, including enforcement of civil judgments. Conduct conferences with parties, including self-represented parties, negotiate settlements, and attend court appearances. May be required to travel to various court locations and stay overnight. The Ideal Candidate
The model applicant for this position is someone who possesses the following:
Experience providing general legal counsel to a governmental entity or to senior level management Detailed understanding of federal and state law governing government data privacy and access to and management of government records, including the Government Data Privacy Act, Government Records Access and Management Act, or the Freedom of Information Act Firm understanding of the Utah Administrative Procedures Act, and the procedural and evidentiary rules for both administrative proceedings and civil litigation in Utah Working knowledge of the Utah Administrative Rulemaking Act and rulemaking procedures Working knowledge of the Open and Public Meetings Act and the Utah Public Officers' and Employees' Ethics Act Beyond proficient legal analysis skills, including the interpretation and application of case law, statutes, rules, and regulations The ability to write clearly and concisely, while maintaining legal accuracy Strong interpersonal skills Commitment to meet the highest ethical standards and standards of professionalism
Why You Should Join Our Team
Besides working for a fantastic agency that is dedicated to helping the citizens of Utah, you will receive great health and retirement benefits. Click here to view a summary of benefits we offer. We also provide generous paid time off so you can spend more time with your family and have a positive work-life balance

The Agency
The mission of Workforce Services is to strengthen Utah's communities by supporting the economic stability and quality of our workforce. Today, more than 2,200 Workforce Services employees assist individuals in preparing for and finding jobs, meeting workforce needs of Utah businesses, administering temporary assistance, and providing economic data and analysis. Through a collaborative approach, the department has served millions of Utahns and has become a leader on several statewide initiatives. These include intergenerational poverty, homelessness, affordable housing, supporting refugees, helping rural communities, serving veterans, and individuals with disabilities, and getting Utahns trained and back to work. To learn more about Workforce Services, click here.

Supplemental Information

A Juris Doctorate and active membership in the Utah Bar are required.  Risks found in the typical office setting, which is adequately lighted, heated and ventilated, e.g., safe use of office equipment, avoiding trips and falls, observing fire regulations, etc. Typically, the employee may sit comfortably to perform the work; however, there may be some walking; standing; bending; carrying light items; driving an automobile, etc. Special physical demands are not required to perform the work. DHRM rules regarding promotions and transfers apply to current state of Utah employees.