Litigation Counsel

Important Recruitment Information for this vacancy

Job Posting closes: Open until Filled
Required documents uploaded by: All required documents listed below must be attached to your application within 2 days of applying for your application to be considered complete.

Agency Information:

Kansas Department for Aging and Disability Services

Protecting Kansans, Promoting Recovery and Supporting Self Sufficiency

https://www.kdads.ks.gov/

About the Position

Who can apply: Anyone

Classified/Unclassified Service: Unclassified

Full-Time/Part-Time: Full-Time

Regular/Temporary: Regular

Work Schedule: M-F

Eligible to Receive Benefits: Yes

Veterans' Preference Eligible: Yes

Disability Preference Eligible: Yes

Search Keywords: Litigation Counsel

Compensation: Salary can vary depending upon education, experience, or qualifications.

Employment Benefits

Comprehensive medical, mental, dental, vision, and additional coverage

Sick & Vacation leave

Work-Life Balance programs: parental leave, military leave, jury leave, funeral leave

Paid State Holidays (designated by the Governor annually)

Fitness Centers in select locations

Employee discounts with the STAR Program

Retirement and deferred compensation programs

Visit the Employee Benefits page for more information…

Position Summary & Responsibilities

Position Summary:

The attorney position is necessary to provide legal advice and counsel for the agency and to defend the agency and its administration of programs in all types of litigation.

Job Responsibilities may include but are not limited to the following:

Legal-Litigation

The incumbent represents the Kansas Department for Aging and Disability Services (KDADS) before administrative law judges and boards, district courts, and appellate courts. The incumbent conducts and completes legal research related to cases involving KDADS; drafts and completes letters to opposing parties and attorneys; drafts and completes pleadings petitions, answers, motions and briefs. Evaluates, negotiates and recommends settlement agreements. The cases assigned to the incumbent range in difficulty from simple to complex in nature. The attorney exercises independent professional judgment in the processing of assigned cases. This includes decisions concerning the various aspects of litigation such as prehearing or pretrial tactics, negotiations, fact stipulations, recommendations concerning settlement offers, and recommendations whether to appeal adverse decisions. Cases may be given to the incumbent specifically, or as a member of a litigation team. Team leadership will vary from case to case. The attorney has contact with agency staff, private attorneys, hearing officers, and judges while processing assigned cases. The work product is reviewed by KDADS Deputy Chief Counsel for results and the attorney is given wide latitude as to how the task assignments are completed. Travel might also be included.

Legal-Litigation – SPTP

The incumbent represents the Kansas Department for Aging and Disability Services (KDADS) before administrative law judges and boards, district courts, and appellate courts as it relates to the Sexual Predator Treatment Program (SPTP). The incumbent conducts and completes legal research related to cases involving KDADS-SPTP; drafts and completes letters to opposing parties and attorneys; drafts and completes pleadings petitions, answers, motions and briefs. Evaluates, negotiates and recommends settlement agreements. This includes decisions concerning the various aspects of litigation such as prehearing or pretrial tactics, negotiations, fact stipulations, recommendations concerning settlement offers, and recommendations whether to appeal adverse decisions. The attorney has contact with agency staff, private attorneys, hearing officers, and judges during the course of processing assigned cases. The work product is reviewed by KDADS senior counsel for results and the attorney is given wide latitude as to how the task assignments are completed. Travel will be required.

Legal-Administrative Law

The Incumbent represents KDADS in appeals filed by individuals receiving Medicaid waiver services. This work involves reviewing documents, interviewing witnesses, and completing hearings before the Office of Administrative Hearings. Some cases include further appeals to the State Appeals Committee and District Court. The incumbent reviews complaints, exercises prosecutorial judgment, and makes recommendations to the Secretary of KDADS (K0044039) concerning cases against Certified Nurse Aids (CNAs) and Certified Medication Aids (CMAs) who have abused/neglected/exploited a resident in an adult care home. The incumbent prosecutes Abuse, Neglect and Exploitation (ANE) cases before the Office of Administrative Hearings and further appeal to District Court. The incumbent assists with the processes concerning the promulgation or amendment of KDADS rules and regulations. In addition, the incumbent assists with agency contracts; may be requested to file Chapter 59 pleadings, and completes any District Court hearings necessary to establish guardians or modify a guardian’s authority to better meet the changing medical or social needs of state hospital patients and residents of state institutions. KDADS expects the incumbent to give general advice about agency issues that arise. When civil service hearings occur, the incumbent defends the agency.

Counsel

The incumbent counsels and advises KDADS personnel on the status of the law regarding their duties, obligations, and potential liabilities. Duties may also include training programs for agency personnel concerning legal matters, providing written memorandums, conducting legal research, attending assigned meetings in an advisory capacity, and similar duties to further the work of the agency.

Development

The incumbent drafts and develops proposed procedures, regulations, laws, or amendments as appropriate and advisable based on rulings, legal precedents, or enactments as encountered in performing other job functions. The incumbent reviews legal documents generated by administrative/clinical department heads, including contracts, leases, and correspondence, as needed. Reviews, drafts, and completes proposed policies and related forms for administrative review. Drafts and completes Agreements, Addendums, Leases, etc. as needed and requested.

Completes special projects and performs other duties as assigned including but not limited to ensuring the agency is adequately staffed during and immediately following natural and/or manmade disasters, infectious disease outbreaks, and/or acts of terrorism. Assists other employees in the work unit in accomplishing assignments as necessary.

Qualifications

Minimum Requirements:

Law Degree with evidence of current Kansas licensure to practice law in good standing
Unrestricted Driver’s License to operate a state vehicle
Travel

Preferred:

Three (3) to Five (5) years litigation experience.
Prefer individual with above average judgment, positive attitude, detail oriented with a good command of grammar, writing and proofreading skills, communication skills, adaptability, flexibility and assertiveness.

Recruiter Contact Information

KDADS – Human Resources Recruiter

503 S. Kansas Ave

Topeka, KS 66603

Phone: 785-296-0463

Fax: 785-368-6688

Email: KDADS.APPLY@ks.gov

Job Application Process

First Sign in or register as a New User.

Complete or update your contact information on the Careers> My Contact Information page. *This information is included on all your job applications.

Upload required documents listed below for the Careers> My Job Applications page. *This information is included on all your job applications.

Start your draft job application, upload other required documents, and Submit when it is complete.

Manage your draft and submitted applications on the Careers> My Job Applications page.

Check your email and My Job Notifications for written communications from the Recruiter.

Email – sent to the Preferred email on the My Contact Information page

Notifications – view the Careers> My Job Notifications page

Helpful Resources at jobs.ks.gov: “How to Apply for a Job – Instructions” and “How to Search for a Job – Instructions"

Required Documents for this Application to be Complete

Upload these on the Careers - My Job Applications page

Transcripts
DD214 (if you are claiming Veteran’s Preference)

Upload these on the Attachments step in your Job Application

Resume
Cover Letter

Helpful Resources at jobs.ks.gov: “How, What, & Where do I Upload Documents”

Kansas Tax Clearance Certificate: A valid Kansas Tax Clearance Certificate is a condition of employment for all employees of the State of Kansas. Applicants (including non-residents) who receive a formal job offer for a State job, are required to obtain a valid Tax Clearance within ten (10) days of the job offer. A Tax Clearance can be obtained through the Kansas Department of Revenue who reviews individual accounts for compliance with Kansas Tax Law.

If you have a missing tax return(s) or you owe taxes to the State of Kansas, please know that the Kansas Department of Revenue will work with you. The Kansas Department of Revenue can set you up on a payment plan to receive a Tax Clearance so you can get a job working for the State of Kansas. The Kansas Department of Revenue can be contacted at 785-296-3199. Kansas Department of Revenue - Tax Clearance Frequently Asked Questions

How to Claim Veterans Preference

Veterans' Preference Eligible (VPE): Former military personnel or their spouse that have been verified as a "veteran"; under K.S.A. 73-201 will receive an interview if they meet the minimum competency factors of the position. The veterans' preference laws do not guarantee the veteran a job. Positions are filled with the best qualified candidate as determine by the hiring manager.

Learn more about claiming Veteran’s Preference

How to Claim Disability Hiring Preference

Applicants that have physical, cognitive and/or mental disabilities may claim an employment preference when applying for positions. If they are qualified to meet the performance standards of the position, with or without a reasonable accommodation, they will receive an interview for the position. The preference does not guarantee an applicant the job, as positions are filled with the best qualified candidate as determined by the hiring manager.

Learn more about claiming Disability Hiring Preference

PLEASE NOTE: The documentation verifying a person's eligibility for use of this preference should not be sent along with other application materials to the hiring agency but should be sent directly to OPS. These documents should be scanned and emailed to Gustavo.Victoriano@ks.gov, or can be mailed/delivered in person to:

ATTN: Disability Hiring Preference Coordinator
Office of Personnel Services
Docking State Office Building
915 SW Harrison Ave, Suite 260
Topeka, KS 66612

Equal Employment Opportunity

The State of Kansas is an Equal Opportunity Employer. All qualified persons will be considered for employment without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, political affiliation, disability or any other factor unrelated to the essential functions of the job.

If you wish to identify yourself as a qualified person with a disability under the Americans with Disabilities Act and would like to request an accommodation, please address the request to the agency recruiter.