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Commonwealth of Pennsylvania |
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POSITION DESCRIPTION FOR JOB POSTING |
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Position Number: 50596198 |
Description Activated On: 10/24/2023 11:00:06 PM |
Position Purpose: Describe the primary purpose of this position and how it contributes to the organization’s objectives. Example: Provides clerical and office support within the Division to ensure its operations are conducted efficiently and effectively. This position involves a mix of litigation and transactional entry level professional legal work under the authority of the Office of General Counsel (OGC). |
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Description of Duties: Describe in detail the duties and responsibilities assigned to this position. Descriptions should include the major end result of the task. Example: Types correspondence, reports, and other various documents from handwritten drafts for review and signature of the supervisor. Assists the Senior Assistant Counsel in the following areas of law: permits, highway signage (LOGO, TODS and Wayfinding), utilities, railroads, real property licenses, and miscellaneous right of way occupancies, including but not limited to trails. Litigation • Represents the Department of Transportation in matters involving highway occupancy (driveways and utilities) permit program, and the Department’s highway beautification permit program, junkyard and vegetation control programs. A major element of this responsibility is to defend the Department in internal administrative proceedings and Pennsylvania appellate court proceedings contesting either the denial of or the issuance of highway occupancy permits, outdoor advertising permits, junkyard permits and vegetation control permits. Another significant area of responsibility under the highway occupancy permit program and highway beautification program is to advise the Central Office and District permit personnel on the interpretation and application of the Department regulations and to review and propose amendments to these regulations. • Represents the Department in matters relating to permit and regulation violations and permit revocation proceedings before the Department or actions at law or in equity in the courts of the Commonwealth through the entire appellate court process, as necessary. • Represents the Department in matters involving utilities and railroads, as they relate to the highway right of way. This litigation is before the Public Utility Commission, courts of appeal, and federal court. • Represents the Department in matters involving right of way acquisition before boards of viewers, courts of common pleas (including jury trials), and appellate courts. This includes, but is not limited to, preliminary objections challenging the condemnation, damage claims, and writs of possession. • Represents the Department in matters involving environmental or historic preservation matters before the Environmental Hearing Board, Courts of Common Pleas, the Commonwealth Court, Federal Court and associated appellant courts. • Researches, interprets, and applies laws, court decisions, and other legal authorities in preparation of briefs, pleadings, indictments, and other legal papers in connection with suits, trials, contracts, procurements, and other proceedings or subject matters. • Prepare summaries of laws and cases. • Prepares legal documents, briefs, pleadings and opinions. • Assists in preparing complex cases for trial by aiding higher level attorneys in trial work. Transactions and Counsel Responsibilities • Prepares legal opinions on issues involving utilities and railroads, the Department’s permit programs, and real property issues. • Researches, interprets, and applies laws, court decisions, and other legal authorities on points of law involved in the preparation of opinions. • Drafts and reviews contracts and other legal documents concerning highway occupancy permits, outdoor advertising, junkyards, vegetation control, real property license agreements, miscellaneous highway occupancies, included but not limited to trails, utility reimbursement, railroad reimbursement, licenses relating to public utilities, and other matters relating to the Department’s real property interests in State highways. • Prepares materials pertaining to proposed legislation and proposed regulations. • Drafts proposed rules and regulations and reviews rules, regulations, and bulletins prepared by the Department of Transportation for conformity to the law. • Attends meetings with Commonwealth officials, officials of political subdivisions, corporations, contractors and individuals on matters relating to contracts, utilities, railroads, permits, eminent domain, or municipal ordinances. • Assists the client in policy development. • Under the supervision of higher level attorneys, responds to outside inquiries concerning the highway occupancy permit, highway beautification, junkyard and vegetation control programs other matters relating to the Department’s real property interests in State highways, trail highway occupancy, utility ownership interests, utility relocations and reimbursement, and railroad reimbursements. • Completes form and legality review for right of way agreements, reviews declaration of takings and handles the process to file estimated just compensation into the court. • Participates in training sessions, committees and taskforces relating to utility, railroad, real property, and permit matters. Performs such other duties as are assigned by the Chief Counsel or the Deputy Chief Counsel, Real Property Division. |
Decision Making: Describe the types of decisions made by the incumbent of this position and the types of decisions referred to others. Identify the problems or issues that can be resolved at the level of this position, versus those that must be referred to the supervisor. Example: In response to a customer inquiry, this work involves researching the status of an activity and preparing a formal response for the supervisor’s signature. An employee in this job is responsible for performing legal work at the full professional performance level, often within a specific field of law. A wide variety of legal work is performed, which includes research, drafting opinions and pleadings, performing legal regulatory work, or representing an agency in courts of law. Difficulty of legal problems encountered ranges from routine to moderately difficult. Legal research preliminary to the rendering of decisions affecting agency operations, the preparation of documents, or the preparation of cases for trial is done independently, but subject to general supervision by a higher-level attorney based on the difficulty of the legal problems encountered. |
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Requirements Profile: Identify any specific experience or requirements, such as a licensure, registration, or certification, which may be necessary to perform the functions of the position. Position-specific requirements should be consistent with a Special Requirement or other criteria identified in the classification specification covering this position. Example: Experience using Java; Professional Engineer License Experience: Graduation from an accredited school of law and certificate of admission to the Bar of the Supreme Court of Pennsylvania; or Completion of all preparatory steps and application to become a member of the Bar of the Supreme Court of Pennsylvania. POST EMPLOYMENT REQUIREMENT: Applicants must be certified for admission to the Bar of the Supreme Court of Pennsylvania and must maintain membership on a continuous basis during employment. Licenses, registrations, or certifications: 1. License to practice law in Pennsylvania 2. N/A 3. N/A 4. N/A 5. N/A 6. N/A |
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Essential Functions: Provide a list of essential functions for this position. Example: Transports boxes weighing up to 60 pounds.
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