Counsel II - Enforcement and Investigations Unit

The Division of Banks is currently accepting applications for the position of Counsel II in the Enforcement & Investigation Unit.

About the Organization:

The mission of the Division of Banks is to ensure a sound, competitive, and accessible financial services environment throughout the Commonwealth. The Division maintains public confidence in Massachusetts financial institutions through the oversight of state-chartered banks and credit unions, and non-bank financial service providers. The Division licenses and supervises non-bank financial service providers including those in the mortgage, money service businesses, sales finance, and debt collection industries that do business within the Commonwealth. The majority of the Division's employees are Examiners who conduct a variety of on-site and off-site examinations of financial institutions and licensed entities under the Division's jurisdiction. To learn more about the Division of Banks, click here.

The Division of Banks is committed to ensuring a diverse and inclusive workplace where all employees feel respected, valued, and empowered to maximize their skills and talents to serve our citizens. The Division is committed to creating and sustaining a work culture that is welcoming, inclusive, and mutually respectful to all its employees regardless of race, color, age, creed, religion, national origin, ethnicity, sex, gender identity or expression, sexual orientation, genetic information, veteran or disability status. We strive to reflect diversity in all facets and levels of our agency. The Division values inclusiveness and diversity within their examination and management teams. Within our community we strive to create and maintain working and learning environments that are inclusive, equitable, and welcoming.

About the Role:

The position is a union position in the National Association of Government Employees (NAGE) Unit 6 and the salary is within Grade 17. Salary (step) placement is based on relevant experience.

The Counsel II provides legal support services to the Division of Banks' enforcement unit and field examination staff in the many complex and specialized areas of law either administered or enforced by the agency. These areas include all facets of state and federal banking law including mortgage lender, broker, and loan originator regulations; corporate law; administrative law; Community Reinvestment Act, regulation and compliance; equal credit opportunity act requirements; commercial law, including uniform commercial code; real estate law; and securities laws. The Counsel II is responsible for drafting formal enforcement orders, as well as acting as prosecuting counsel at hearings for the purpose of revoking licenses and banning individuals from working in the industry. S/he may also be responsible for preparing and drafting regulatory approvals; reviewing applications submitted by regulated financial entities; researching and drafting formal and informal legal opinions, court documents, and administrative hearing findings and decisions, and for responding to legal inquiries. This position also will assist personnel in the Consumer Assistance Unit with legal issues and consumer inquiries.

You will be a great fit for the Counsel II position if you have three or more years of experience practicing law including prior experience in administrative law and litigation. Experience in litigation, thorough knowledge of Massachusetts and Federal Banking Law, and the structure of state and federal banking institutions is strongly preferred. The ability to communicate and interact with varying levels of management both internally and externally is important. Additionally, the ability to research and develop solutions to various issues and questions is vital. The ideal candidate would be able to articulate and discuss complex legal issues in an effective manner.

The Division of Banks is proud to offer schedule flexibility. The Counsel II role is a hybrid position and various schedule options are available. In addition to telework, on-site work is based on assignment and may include work onsite at the Division’s Boston office, in addition to the Division’s three field offices (Lakeville, Woburn, and Springfield). The position may require travel throughout the Commonwealth of Massachusetts, with some overnight stays, as well as trainings, conferences, or other events which may be located out of state.

In addition to flexible work schedules and locations, Division employees are eligible for competitive Commonwealth of Massachusetts employee benefits which include generous leave policies, the Commonwealth’s State Employee’s Retirement Plan, and tuition remission at state colleges and universities. The Data and Risk Management Analyst will benefit from trainings available through the Division, our regulatory partners, and the Commonwealth.

The filling of this position is subject to appropriation and obtainment of all necessary approvals from the Office of Consumer Affairs and Business Regulation and the Executive Office for Administration and Finance. The Division reserves the right not to fill this position without notice. This position will report directly to the Chief Director within the Enforcement and Investigations Unit.

Duties and Responsibilities: (these duties are a general summary and not all inclusive):

• Work with and provide support to field staff and Consumer Assistance Unit staff regarding legal research and interpretation on findings from examinations and consumer complaints.
• Provide legal support services to the Division of Banks' enforcement unit and field examination staff for all facets of state and federal banking law including mortgage lender, broker, and loan originator regulations.
• Draft regulatory enforcement orders and consent agreements, working closely with the Non-Depository Institution Supervision and Depository Institution Supervision sections of the Division.
• Interface with attorneys representing licensed entities in the enforcement process and related follow up communications.
• Respond to requests for legal advice and information from regulated entities, industry representatives, attorneys, and consumers regarding statutes, regulations, and interpretations to regulated financial institutions and licensees.
• Ensure that accurate legal information reflecting the position of the Division is conveyed and correctly interpreted within the industry.
• Interface with various state and federal regulators, including the CFPB, FDIC, HUD, Federal Reserve Bank, CFPB, Office of the Comptroller of the Currency, and National Credit Union Administration to review regulatory enforcement action and other legal matters.
• Participate in administrative/adjudicatory hearings relative to the issuance, suspension, or revocation of licenses to the over 3,500 regulated licensees and more than 4,000 licensed loan originators under the jurisdiction of the Division. Act as various roles at administrative/adjudicatory hearings, including prosecuting counsel.

Preferred Knowledge, Skills, and Abilities:

• Three or more years of experience practicing law, including administrative law and litigation.
• Extensive and thorough knowledge of Massachusetts and Federal Banking Law, structure of state and federal banking institutions and licensed entities, and legislative processes. Familiar with principles of Administrative Law, Commercial Law, financial analysis, and principles of bank and licensee operations and management.
• Ability to research and develop solutions for problem areas encountered; perform thorough analysis of complex legal issues and identify proposed solutions to same; and exercise discretion and sound judgment.
• Ability to successfully interact with people at high levels of authority outside the agency, maintaining effective relationships despite conflict situations.
• Ability to clearly articulate the Division's position on particular legal issues.
• Ability to write concisely, to express thoughts clearly, and to develop ideas in logical sequence. Ability to give written and oral instructions in a precise, understandable manner.
• Ability to anticipate and analyze difficult situations and take corrective action to prevent problems from occurring.
• Ability to exercise discretion in safeguarding information through compliance with rules of disclosure.

All applicants should attach a cover letter and resume to their online submission for this position.

SALARY PLACEMENT IS DETERMINED BY YEARS OF EXPERIENCE AND EDUCATION DIRECTLY RELATED TO THE POSITION AND THE HUMAN RESOURCES DIVISION’S RECRUITING GUIDELINES. IN THE CASE OF A PROMOTIONAL OPPORTUNITY, THE SALARY PROVISIONS OF THE APPLICABLE COLLECTIVE BARGAINING AGREEMENT WILL APPLY TO (OR WILL BE UTILIZED FOR) PLACEMENT WITHIN THE SALARY RANGE.

First consideration will be given to those applicants that apply within the first 14 days.

MINIMUM ENTRANCE REQUIREMENTS: Applicants must have a Juris Doctor (JD) degree, admission to the Massachusetts Bar and (A) at least three years of full-time, or equivalent part-time, professional experience in the practice of law.

Incumbents may be required to have a current and valid Motor Vehicle Drivers License at a Class level specific to assignment.

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 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.