General Counsel

The Education Secretariat is committed to equity and valuing the unique and diverse characteristics and experiences of every member of its workforce. We encourage an authentic workplace where colleagues show up as their full selves, where collaboration, innovation, and connections are key to realizing our mission that all children, youth, and families thrive socially, academically, and economically. We seek teammates who are committed to promoting a diverse and inclusive work environment, where everyone is valued and engaged. We encourage you to apply and identify your strengths in these areas.

The Department of Early Education and Care (EEC) is an Agency within the Executive Office of Education which reports to the Board of Early Education and Care. EEC’s vision is that children, youth and families reach their full potential now and in the future. In partnership with families, educators, programs and other stakeholders, EEC will use data driven decision-making to inform work around the following objectives:

• Family Access: Families have equitable access to quality and affordable early education and care in the communities in which they live, learn, and work.

• Program Quality: Programs licensed or funded by EEC support children’s health and safety and provide high quality environments that are culturally responsive, inclusive, and support children’s learning and development in partnership with families.

• Program Stability: Programs licensed or funded by EEC are operationally stable and financially sustainable.

• Workforce Supports: A diverse field of educators, leaders, and program staff is competitively compensated and supported by clear professional pathways that promote quality, retention, and advancement.

• Agency Infrastructure: EEC has sufficient internal capacity, organizational structures, and diverse perspectives and expertise to carry out its mission and strategic objectives.

EEC is the lead agency for all early education and care services and funding in the Commonwealth, charged with administering the federal Child Care Development Block Grant (CCDBG) and Child Care Development Fund (CCDF) monies provided to Massachusetts. This block grant provides childcare subsidies to more than 50,000 low-income families to help ensure they can work and stay employed, while ensuring that children are getting the high-quality early education needed to prepare them for success in school and in life.

EEC is focused on strengthening and promoting diversity in the early education and care sector in Massachusetts. EEC licenses, monitors, and provides technical assistance to the nearly 9,000 early education and care programs and agencies that serve children and youth, including family childcare programs and center-based programs for infants, toddlers, and preschoolers, out-of-school time programs, residential group care facilities, temporary shelters, and placement agencies for foster care or adoption services.

The General Counsel reports to the Commissioner of EEC and supports and provides guidance to the Board of Early Education and Care. In addition to the Commissioner and the Board of Early Education and Care, the General Counsel provides guidance to staff members at the agency. The General Counsel also interfaces and liaises with various early education and care stakeholders and other state agencies serving children and families to ensure that agency policies, procedures, mandates, licensing regulations, and interagency agreements are lawfully executed. The General Counsel is a member of the EEC Leadership team and works directly with the Commissioner and EEC Leadership team to make decisions, revise regulations and develop policies and procedures to best support Agency core operations; ensure compliance with federal and state laws and regulations; and implement strategic priorities and initiatives.

Key Responsibilities:

Leadership and Supervision of Legal Unit

The General Counsel provides leadership and supervision of the legal unit which includes oversight of the Deputy General Counsels, Assistant General Counsels, and Paralegal(s). Duties include assigning and coordinating cases and issues that require legal attention to the Deputy General Counsels, Assistant General Counsels, and Paralegal(s) including the development of policy and procedures and oversight of new initiatives, and the daily operations of the Legal Unit. Additionally, the role provides oversight of the Child Care Financial Assistance appeals process, including the development and implementation of policy and procedures. In collaboration with other EEC managers within and across EEC units and as part of interagency task forces, participates in program quality and professional advancement efforts for early education and out of school time programs that promote families as engaged partners, integral to the healthy development and learning of their children.

The General Counsel is deeply engaged in the Department’s strategic initiatives and ensures that the Legal Unit’s work in service to those goals and priorities, including work to stabilize and strengthen the child care field, expand quality metrics, develop the child care workforce, and support the critical work at residential placement programs serving some of the Commonwealth’s most vulnerable children. The General Counsel oversees the drafting and development of regulations that guide the work of the agency, and is responsible for ensuring that regulatory language is in line with the mission and values of the Department.

Leadership and Supervision of the Background Records Check Unit

The General Counsel oversees the agency’s Background Records Check Unit and provides direct supervision over the Associate Commissioner for Operations Management. The Background Records Check Unit adjudicates over 90,000 background records checks annually, and is responsible for ensuring that checks are completed in alignment with federal and state law. The General Counsel interacts with internal and external stakeholders to develop processes that support timely completion of checks in a manner that is equitable, including regular interface with members of the EEC and EOE Information Technology teams.

Assignment and Coordination of Cases

Under G.L. c.15D, the Department of Early Education and Care assures every child a fair and full opportunity to reach their full potential by providing and encouraging services which maximize a child’s capacity and opportunity to learn, which strengthen family life and economic mobility, and which support families in their essential function of nurturing a child’s physical, social, educational, moral, and spiritual development. The General Counsel is responsible for assigning and coordinating cases that require legal attention and addressing issues that impact the law, regulations and mission of the agency, including regular review and revision of agency regulations, policies, and procedures.

Legal Guidance to Licensing and Field Staff

Under G.L. c.15D, the Department of Early Education and Care licenses over 8,000 programs including family child care homes, group and center-based programs, out-of-school time programs, family foster care which is not supervised and approved by a placement agency, placement agencies, residential group care facilities, or temporary shelter facilities. The General Counsel is responsible for providing legal oversight for the licensing functions within the agency including coordinating all administrative and superior court proceedings to enforce the agency’s licensing regulations and requirements. The General Counsel coordinates the agency’s enforcement actions with the Office of the Attorney General and other state agencies such as Department of Children and Families and District Attorneys' Offices. The General Counsel also provides legal advice and consultation to field staff which typically involves child care, provider, family or consumer issues. In addition, the General Counsel provides legal advice and consultation to the investigation unit charged with investigating complaints of abuse, neglect or other serious complaints including but not limited to serious injuries or death of a child. The General Counsel also supports other agency staff in the Policy, Strategy, Field Operations teams with the development new regulations related to child care licensing and investigations, and residential and placement programs.

Agency Representation in Collective Bargaining Negotiations

Responsible for representing the Department in collective bargaining negotiations with the family child care union, on-going provider meetings, informal and formal grievance hearings related to the Collective Bargaining Agreement and arbitration, as required. Provides support and legal guidance for requirements developed as part of or that impact the Collective Bargaining Agreement.

Legal Support to the Board of EEC

The General Counsel provides legal guidance and support to the Board of Early Education and Care. The EEC Board shall set policies and establish regulations related to early education and care programs and services. For example, but not limited to, the Board shall oversee and supervise the administration of a high-quality system of public and private early education and care. The General Counsel assures that all votes and other actions by the board are executed in a lawful manner.

Procurement and Contract Legal Support

Responsible for coordinating all legal support necessary to procure, execute and monitor contracts and procurement of services, and provides guidance and support for grant awards. This includes the oversight of the schedule for revising: (1) a rate structure for voucher and contracted payments to providers participating in EEC’s child care financial assistance programs and other services on behalf of low-income and other at-risk children; and (2) a sliding fee scale for participants in those programs. The General Counsel manages the public hearing process required under chapter 30A and the approval of the board before the establishment or revision of the rate structure and sliding fee scale. The General Counsel also provides input and guidance in the development of grant award frameworks, scopes of work, and other matters involving the Department’s transactional business.

Public Records Requests, Conflict of Interest Support

Provide leadership and support for policy and practices that include issues of subsidy, conflict of interest, and public records requests. Oversees the review of financial assistance appeals and possible fraud cases. Reviews eligibility/financial assistance policies, exceptions, variances and the development of new financial assistance programs and policies to ensure consistency regarding the new policy and changes to current policy. Oversees and ensures consistency of policy communications

Cross-Divisional Supports

-Legislative
Provide legislative support by conducting a legal analysis of all relevant bills and budget language. The General Counsel may provide testimony on bills and budget and assist the Commissioner in responding to questions and issues raised by legislators. The General Counsel also works with Senators and Representatives on constituent issues as needed and staffs various advisory groups and committees as assigned.

-Advisory Committees and Groups
Provide staffing for various advisory groups or committees as necessary

Preferred Qualifications:

The General Counsel must have a Juris Doctor Degree, be a member of the Massachusetts Bar, and have strong legal skills and experience working in state agencies. Experience in supervising and organizing the work load of other attorneys and administrative law experience. This person should have the ability to plan, organize and coordinate large projects. Strong interpersonal and communication skills and the ability to work effectively with a wide range of constituencies in a diverse community is essential for this position. Along with flexibility and ability to work as part of a team. This person must be detail-oriented and possess excellent follow through.

o Strong managerial skills
o Ability to synthesize complex information
o Ability to effectively advise and counsel non-legal staff members
o Ability to balance the legal risks with the organization’s overall goals to come to a successful solution
o Knowledge of early education and care
o Knowledge of residential and placement services
o Knowledge of the needs of the constituencies served by the Department of Early Education and Care
o Knowledge of the Commonwealth’s Child Care Financial Assistance program and familiarity with the experiences of the populations served by the programs
o Knowledge of project management principles and practices
o Knowledge of organizational development techniques, principles and methods
o Knowledge of the principles and practices of financial management, including financial analysis and budgeting within a state agency
o Knowledge of contract administration
o Knowledge of the Federal and State laws and regulations governing the functions of the Department of Early Education and Care
o Knowledge of and ability to apply principles and practices that support diversity, equity, inclusion and belonging within agency operations as well as in regulation, policy and procedure
o Ability to set priorities and identify and implement strategies
o Ability to facilitate and support team building activities
o Ability to interpret policies and procedures in response to requests for information
o Ability to interpret the Department’s policies and procedures to the legislature, other state agencies, and advocacy groups
o Ability to review and analyze data and research about early education and care trends
o Ability to interpret statistical data correctly and draw sound conclusions.
o Ability to analyze Early Education and Care related legislation and policy.
o Ability to anticipate and analyze difficult situations and take appropriate actions.
o Ability to work independently and collaboratively.
o Ability to communicate effectively in both written and oral presentations.
o Ability to mediate conflict, coordinate competing interests, and work under time constraints.
o Ability to work with high-level state and local officials and other interested parties.
o Ability to properly assess the impact of outside forces.
o Skilled in problem-solving, consensus building, conflict resolution and team building.

Based on assignment, travel will be required for this position.

Questions regarding this position or the application process should be directed to [email protected].

MINIMUM ENTRANCE REQUIREMENTS:

Applicants must have at least (A) seven (7) 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 (B) at least three (3) years must have been in a managerial capacity.

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.

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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 don't meet 100% of the job requirements. We encourage individuals who believe they have the skills necessary to thrive to apply for this role.