$39.11 - $62.58 Hourly
$81,349 - $130,159 Annually
This position is a Pay Band C11
Posting Details
THIS POSTING WILL BE USED FOR ONGOING RECRUITMENT AND MAY CLOSE AT ANY TIME. APPLICANT LISTS MAY BE SCREENED MORE THAN ONCE.
All positions at the NM Public Education Department are based in Santa Fe.
MISSION: EQUITY, EXCELLENCE AND RELEVANCE - The New Mexico Public Education Department partners with educators, communities, and families to ensure that ALL students are healthy, secure in their identity, and holistically prepared for college, career, and life.
VISION: ROOTED IN OUR STRENGTHS - Students in New Mexico are engaged in a culturally and linguistically responsive educational system that meets the social, emotional, and academic needs of ALL students.
Office of General Counsel:
The Office of General Counsel provides advice and counsel to the New Mexico Public Education Department (NMPED).
Mission Statement
The NMPED Office of the General Counsel is a team of professionals advancing the mission and objectives of the NMPED by delivering legal services of the highest quality.
We strive for openness, accessibility, respect for all people and integrity while providing sound judgment and constructive advice. We are committed to serving and earning the public's trust.
We assist in legal matters affecting New Mexico Public Education, such as providing assistance in developing and amending contracts, final decisions regarding educator license complaints and investigations, Legal appeals and litigation support.
Why does the job exist?
The purpose of the administrative prosecutor is to provide legal advice and representation to the PED's Professional Licensure Bureau in administrative licensure proceedings and to enforce applicable standards of educator quality in the classroom and at school.
How does it get done?
The attorney in this position for the Public Education Department Office of General Counsel prosecutes complaints against licensed educators in administrative proceedings on behalf of the PED's Professional Licensure Bureau.
The position is responsible for reviewing licensure complaints and investigation case materials and reviewing potential violations of the PED Standards of Professional Conduct. Should the position determine there is sufficient evidence to sustain contemplated action, the position will prepare a Notice of Contemplated Action ("NCA"), including a recommendation on appropriate discipline, to review with the educator quality and ethics division's professional licensure bureau to determine if signature and issuance of the NCA is appropriate.
The position is expected to engage in all litigation and other administrative tasks to adequately prosecute and otherwise dispose of an NCA, investigation, or licensure complaint. This may require calendaring of all deadlines relating to pending investigations and complaints and cases that proceed to hearing, reviewing and providing necessary investigative guidance, preparing cases for administrative hearing, engaging in any necessary pre-hearing motion practice, including the development and exchange of discovery, the development and exchange of witness and exhibit lists, the preparation and review of witnesses and evidence for hearing, attending scheduling conferences, holding a hearings on the merits, and other case related proceedings.
If appropriate, this position will negotiate settlements of cases and will prepare all required settlement documents and ensure full execution of such documents. The position will prepare post-hearing documents, including, but not limited to, proposed findings of facts, conclusions of law, written arguments, as well as any briefing requested by the presiding administrative hearing officer. This individual will also work with and coordinate with the necessary paralegal or support staff to ensure the drafting and preparation of all necessary pleadings and filings, the service of any necessary pleadings, requests, or filings, and the creation, preservation, and transmittal of all necessary documents, to create a legal record consistent with administrative prosecution procedures.
The attorney in this position may be required to research complex legal issues related to educators' licenses,
negotiate with licensees, work with investigators to develop cases, draft notices of contemplated action, motions, and other pleadings, conduct and respond to discovery, prepare and argue cases in administrative hearings; prepare reports on caseloads and other administrative issues as requested by the Professional Licensure Bureau, ensure that contracts for hearing officers are processed timely, and completing other tasks as assigned by the Chief Administrative Prosecutor, Deputy General Counsel, and General Counsel.
Who are the customers?
The administrative prosecutor is within the PED's Office of General Counsel and provides services to and reports to the PED's Chief Administrative Prosecutor, Deputy General Counsel, and the General Counsel. The administrative prosecutor further provides advice and representation to the PED's Professional Licensure Bureau Director.
Ideal Candidate
The ideal candidate will be flexible and adaptable and have excellent research, writing, legal analysis, and interpersonal skills with a customer service, teamwork-oriented attitude. The ideal candidate also will be comfortable and competent with multi-tasking and producing excellent work product in a fast-paced environment. The applicant may be asked to provide a writing sample.
Minimum Qualification
Juris Doctorate degree from an accredited school of law. Must be licensed as an attorney by the Supreme Court of New Mexico or qualified to apply for limited practice license.
Employment Requirements
Must possess and maintain a valid New Mexico's Driver's License.
Must possess and maintain a Juris Doctorate degree from an accredited school of law.
Must be licensed as an attorney by the Supreme Court of New Mexico or qualified to apply for limited practice license (Rules 15-301.1 and 15-301.2 NMRA). For more information on limited practice licenses, please visit http://nmexam.org/limited-license
Working Conditions
Office setting, exposure to Visual/Video Display terminal (VDT) and extensive personal computer and telephone usage with extended periods of sitting. Must be able to lift 25 lbs. Minimal travel may be required as in person administrative hearings may be requested at the option of a licensed educator in any county within the State of New Mexico.
Supplemental Information
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Agency Contact Information: Phillip Gloudemans 505-231-5292 Email
For information on Statutory Requirements for this position, click the Classification Description link on the job advertisement.
Bargaining Unit Position
This position is not covered by a collective bargaining agreement.