Description:

Job Posting:
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 (http://oitsapps.ks.gov/da/ops/star/)

Retirement and deferred compensation programs

Visit the Employee Benefits page for more information… (https://admin.ks.gov/services/state-employment-center/benefits0

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

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