The New Mexico Department of Justice (NMDOJ) has broad statutory authority over civil legal matters and proceedings involving the state. The Government Counsel and Accountability Division provides legal advice to over 100 Boards, Commissions, and Agencies around the State. The Division reviews complaints alleging OMA and IPRA violations and brings enforcement actions under state laws for these violations. The Division also provides review for other statutorily required AG review of school bonds, TRD abatements and refunds, former employee contract review, and jail agreements. The Division’s attorneys are essential in fulfilling the Attorney General’s statutory duty to provide legal advice and representation to various parts of the state government and to help ensure that the government remains accessible, accountable, and transparent across the state.
Responsibilities
Assigned Client Representation – Advise and train assigned public bodies on: Powers and duties, Governmental Conduct Act, Open Meetings Act, Inspection of Public Records Act, State Rules Act, Uniform Licensing Act; Provide procedural advice and review on Administrative Proceedings, Rulemaking, and in some instances, Appeals and Litigation; Assist with the coordination and facilitation of disciplinary administrative proceedings; Provide assistance and legal advice to hearing officers, and staff on procedural, evidentiary, and due process requirements under the Uniform Licensing Act or other applicable law; Assist with conducting and defending public rule hearings under the New Mexico State Rules Act.
Administrative Appeals and Litigation – Represent public bodies in district and appellate courts in defending administrative decisions appealed under Rules 1-074 and 1-075 NMRA; Represent public bodies in other occasional litigation, including defending extraordinary writs, injunctions, declaratory actions and other matters
Government Accountability – Review and conduct investigations of government accountability and transparency matters ; Issue advisory and guidance letters on OMA and IPRA; Respond to incoming emails or phone calls requesting information on OMA or IPRA; Conduct trainings across the State on Accountability and Transparency Laws; bring investigations, litigation, and other enforcement actions against violators of OMA, IPRA, and other governmental transparency laws.
Legislative Affairs – Research and draft fiscal impact reports (FIRs) during legislative sessions; Assist with other legislative or policy needs including reports, recommendations, and presentations.
Review and approve school bonds.
Review and approve contract jail agreements.
Review and approve former employee contracts.
Qualifications
The ideal candidate has strong judgment, excellent written and verbal communication skills, the ability to deal with complex matters that cut across many legal and related areas, leadership skills, the ability to spot and anticipate a wide variety of legal issues and risks, is decisive in strategic approaches to the law, has impeccable ethics and integrity, has a curiosity to learn and become a general legal subject-matter expert, and the ability to independently multi-task in a high volume environment with the possibility of frequent interruptions.
The following are areas of the law the Division advises on regularly, and the ideal candidate will have a general understanding of the following:
Administrative law, including State Rules Act, Uniform Licensing Act, and administrative appeals.
Public Finance, including state procurement, issuance of bonds, purchase agreements, grant funding, tax Transparency Laws, including OMA, IPRA, Governmental Conduct.
Transactional, including Joint Powers Agreements, Memorandums of Understanding, Property Contracts, Services Contracts, and other state contracts review.
Ethics and Corruption Laws.
Environmental and Natural Resources Laws.
Public Safety Laws.
Compliance and Risk Management.
Senior attorneys will demonstrate and innate ability and experience in, effectively communicating at all levels with a variety of different stake holders, taking on additional duties and responsibilities, the ability to handle more complex matters and assignments, presiding over more complex investigations and litigation, mentoring and inspiring others, and conducting regular trainings on a wide variety of subjects.
Application Process
To apply please visit www.spo.state.nm.us to apply. Once there you can search for the position by name or by the job ID number, which is 152323. If you do not currently have a SPO (State Personnel Office) account, you will be prompted to create one before you can apply.
