Attorney I - Hybrid Telework

Overview

Under the direction of the Chief Counsel, the Deputy Chief Counsel, or the Assistant Chief Counsels, the Attorney I represents the Department of State Hospitals (DSH) at forensic and State Personnel Board proceedings and provides legal advice to DSH on issues involving the administration of all DSH facilities.

Performs legal research, provides legal advice to DSH clients, and responds to questions about mental health funding and fiscal controls. Provides responses to the Governor's Office, the Health and Human Services Agency and State control departments. Provides legal advice on various DSH programs regarding, but not limited to legislation; regulations; DSH policy; and Public Records Act requests. Assists in contract negotiations; drafting and reviewing contracts; and employee immigration law. Provides legal advice on issues involving, but not limited to patient privacy; employee privacy; intellectual property; potential conflicts of interest; Cal OSHA audits; risk management; and data sharing.

Responsibilities

• Performs a wide variety of duties including working on the Coleman and Stiavetti litigation, the Community Forensic Services Division, Forensic Services Division, and CONREP; providing legal advice on transferring patients between DSH and the Department of Corrections and Rehabilitation; preparing a high volume of pleadings; as well as preparing expert witnesses for hearings; appearing in court and / or before administrative tribunals regarding Orders to Show Cause regarding admissions of individuals determined to be Incompetent to Stand Trial; writs of habeas corpus; involuntary medication or involuntary treatment of Mentally Disordered Offenders, Sexually Violent Predators, and Not Guilty by Reason of Insanity committees; preparing and appearing at motions for reconsideration or clarification related to commitment to DSH and commitment to CONREP; reviewing remote evaluations prepared by DSH clinicians for filing in Superior Courts for defendants committed to DSH for competency treatment and awaiting admission to a DSH facility; and actively assisting and collaborating with the Office of the Attorney General representing DSH in litigation. Appearing in courts and / or before administrative tribunals to address legal issues pertaining to all forensic types committed to DSH.
• Provides reliable assistance and accurate advice representing DSH in personnel actions and whistleblower actions; appears and conducts hearings before the State Personnel Board and California Department of Human Resources; reviews actions; identifies evidence and witnesses; prepares witnesses for testimony; attends prehearing and settlement conferences; responds to discovery requests; prepares and responds to motions; negotiates settlements; provides advice concerning, but not limited to the Labor Code, Government Code, Workers' Compensation Act, American Disabilities Act, Age Discrimination Act, and Title VII; and prepares responses to the Department of Fair Employment and Housing, the Equal Employment Opportunity Commission.
• At the direction of and in consultation with the Chief Counsel and the Deputy Chief Counsel, and under the supervision of the Assistant Chief Counsels, the Attorney I provides legal advice to all DSH facilities on challenges facing DSH with statewide programmatic and financial impacts regarding, but not limited to patient care and treatment; patients' rights; DSH hospital facility licensing and accreditation; clinical staff licensing and governance; electronic health records; patient trust accounting; Medicare and other third party billing matters; statutory cost recovery and asset collections; and bio-ethical issues.
• Other legal functions related to the operation and administration of all DSH facilities. Other duties and tasks as assigned by the Chief Counsel, Deputy Chief Counsel, and the Assistant Chief Counsels to meet departmental and operational needs.

Additional Information

DSH Recruitment Survey : DSH Recruitment Survey

You will find additional information about the job in the Duty Statement.

Benefit information can be found on the CalHR website and the CalPERS website.

Benefits include : Sick Leave, Vacation Leave, 11 Paid State Holidays, one (1) eight (8) hours, Paid Personal Holiday and five (5), forty (40) hours, Paid Professional Development Days (PDD), per fiscal year, excellent Health, Vision and Dental insurance plans; Medical and Dependent Care Reimbursement Accounts; an Employee Assistance Program; Alternate Workweek Schedules and Flextime; and enrollment in the CalPERS retirement system.

Minimum Requirements

You will find the Minimum Requirements in the Class Specification.

Desirable Qualifications

In addition to evaluating each candidate's relative ability, as demonstrated by quality and breadth of experience, the following factors will provide the basis for competitively evaluating each candidate :

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