Assistant Attorney General

Description

Under the general direction of the Attorney General, this position requires legal professional work which is related to innumerable legal areas.

Work in this class is performed in accordance with established rules, policies and procedures; however, an employee is expected to exercise initiative and judgment in carrying out the duties and responsibilities of the position. An employee is expected to appear before the courts on behalf of the Government of the Virgin Islands in criminal and civil cases; to render written opinions on legal questions related to the various government departments and agencies; and to prepare legal documents and instruments in which the Government of the Virgin Islands has an interest. All work is subject to review by the Attorney General while in draft form, upon his or her request.

Duties and Responsibilities

DUTIES (NOT ALL INCLUSIVE):

• Appears for and represents the executive branch of the Government of the Virgin Islands in all civil and criminal proceedings in which the Government has an interest.
• Prosecutes all offense against the law of the Virgin Islands in the Superior Court of the Virgin Islands.
• Represents the Government of the Virgin Islands in all appeals before the Supreme Court of the Virgin Islands and federal appeals courts.
• Performs legal research regarding representation before the courts in behalf of the Government of the Virgin Islands.
• Interviews witnesses, victims and law enforcement officers to ascertain facts of each case and correlates findings to prepare cases before the courts.
• Provides legal advice to all executive departments, boards, commissions, agencies, instrumentalities and officers of the Government of the Virgin Islands.
• Drafts pleadings, briefs, motions, orders and other court related documents required for prosecuting cases.
• Researches and drafts legal opinions related to the government departments and their operations.
• Drafts regulations, contracts and other legal instruments in which the Government of the Virgin Islands has an interest.
• Reviews legal instruments prepared by other government attorneys and advises as to legal sufficiency.
• Prepares correspondence related to innumerable legal areas. Attends conferences related to innumerable legal areas.

Performs other related work as required.

Minimum Qualifications

Graduation from an accredited  law school, having  earned  a LLB  or J.D. degree,  and  admission  to practice before the highest  court of any state or territory.
Position Factors:

FACTOR 1 – KNOWLEDGE REQUIRED BY THE POSITION:

• Professional knowledge of the principles and practices of law.
• Thorough knowledge of the application of legal research including electronic research tools.
• Skill in organizing work, setting priorities, meeting critical deadlines and follow-up with minimum direction.
• Ability to identify legal issues.
• Ability to apply applicable law to facts and draw logical conclusions.
• Ability to interact, establish and maintain effective working relationships with others.
• Ability to exercise good judgment, make sound decisions and present ideas and information clearly and concisely, orally and in writing.
• Ability to interpret and apply legal principles and precedents to difficult legal problems. Ability to prepare, present and conduct hearings, trials, and appeals.
• Ability to maintain confidentiality and objectivity.
• Ability to write reports, motions, briefs and other legal documents.

FACTOR 2 – SUPERVISORY CONTROLS:
Works under the general supervision of the Attorney General. The employee uses independent sound judgment in carrying out the work, sets priorities, objectives and deadlines to be met. Work is reviewed through consultation with supervisor.

FACTOR 3 – GUIDELINES:
Guidelines include VI code, local and federal laws, Model Rules of Professional conduct for Attorney, departmental policy and procedures, and directives.

FACTOR 4 – COMPLEXITY:
Employee is responsible for making critical decisions relative to case assignments. Decisions are made on a daily basis that may have critical effects on clients. Complexity may vary depending on case and problems presented.

FACTOR 5 – SCOPE AND EFFECT:
The purpose of the work is to provide sound technical and professional legal advice and representation to the Government.

FACTOR 6 – PERSONAL CONTACTS:
Contacts are with clients, local and federal officials, law enforcement agencies other professionals and the general public.

FACTOR 7 – PURPOSE OF CONTACTS:
To gather information in order to provide legal advice and prepare cases to represent the Government and its instrumentalities, boards, commissions, agencies and departments at various meetings and in court.

FACTOR 8 – PHYSICAL DEMANDS:
Work is mostly sedentary. It may be mentally and emotionally stressful, and requires after hour work.

FACTOR 9 – WORK ENVIRONMENT:
Work is performed in an office or courtroom setting but some field work is required. May also require inter-island or mainland travel.

Benefits

The Government of the Virgin Islands aspires to provide the highest level of comprehensive benefits, services and programs to eligible employees, retirees, and their dependents which:

• Meet and anticipate their individual needs;
• Assure the GVI’s competitiveness with other employers to attract and retain employees;
• Maximize cost effectiveness; and,
• Assure optimal health and productivity of employees.

To achieve this goal, from time to time, the carrier for the GVI’s insurance may change. Please contact the Group Health Insurance Office of the Division of Personnel in St. Thomas and St. Croix at GroupHealthInsurance@dop.vi.gov for more information regarding carriers.

Medical and Dental Coverage
Enrollment
The Virgin Islands government offers to full-time employees and their eligible dependents, a group health and dental insurance plan.

Full-time employees must enroll within thirty-one (31) days of hire unless they can provide proof of medical coverage from another source. An employee who does not enroll within 31 days of employment will be automatically enrolled in the health insurance plan with single coverage.

If an employee fails to enroll dependents within the initial eligibility period he/she must wait until a period of “open enrollment” is announced or have a qualifying event as determined by the health insurance carrier to enroll dependents or make changes to their coverage.

Effective Date of Coverage
If enrollment forms are received on or before the 6th of the month, coverage will be effective on the first day of the first month following the receipt of enrollment forms. If enrollment forms received on the 7th of the month or later, coverage will be effective on the first day of the second month following the receipt of the enrollment forms.
Example:
Date Forms Received May 1st May 8th January 6th February 7th
Coverage Effective Date June 1st July 1st February 1st April 1st

Dependent Coverage
Dependents of eligible employees may participate in the Group Health and Dental Insurance Program according to the terms and conditions imposed by the Health Insurance Board of Trustees and/or the carrier. Eligible dependents are the employee’s:

1. Legal spouse;
2. Natural children;
3. Adopted children; and
4. Step children.

When a new dependent is acquired, you must enroll them within thirty-one (31) days after acquiring such dependent. When enrolling a dependent at any time, the following may be required:

1. Birth certificate;
2. Marriage certificate;
3. Adoption papers; and/or
4. Legal papers of appointment.

Various other documents may be required to determine the eligibility of the dependents.

Cost of Coverage
The GVI contributes toward the cost of Health Insurance for each employee enrolled under the Group Health Insurance Program. The GVI reserves the right to change the amount of the employee contribution when necessary for financial or other reasons.

Waiver or Discontinuation of Benefits
An employee may opt to decline coverage, or discontinue coverage under the Group Health and Dental Insurance Plan at any time. An employee who waives coverage upon employment, or who drops out of the program must provide proof of medical coverage and will be subject to the eligibility requirements imposed by the carrier in order to re-enroll in the program. This provision also applies to dependents that are dropped from the plan.

Coverage discontinues on the last day of the month following a qualifying event or on the date of an employee’s separation.

After separation, an employee or dependent may be eligible to convert their group policy to an individual policy within 30 days, depending on the insurance carrier. If an employee would like to convert their policy to an individual policy a notice of conversion must be sent to the insurance carrier. Consolidated Omnibus Budget Reconciliation (COBRA) coverage is not available in the Virgin Islands after loss of coverage.

Dental Insurance
As a condition of participation, all employees must enroll in medical coverage to qualify for Dental Insurance.

Leave without Pay
The GVI will maintain group health insurance plan coverage for employees on leave without pay. This coverage will remain at the level and under the conditions for which coverage would have been provided if the employee had continued employment continuously for the duration of the leave. However, employees on leave must arrange to pay into the Group Health Insurance Fund the employee’s share of their health insurance premium to maintain coverage.

Retirement Benefits 
Retired employees and their dependents are eligible to continue to participate in the Group Health and Dental Insurance Program. Retirees must provide updated contact information to the Group Health Insurance Division to maintain coverage.

Life Insurance
The government provides a complementary basic non-contributory $10,000 basic life insurance benefit. In order for the benefit to be effective, an enrollment form must be forwarded to the Group Insurance Office at the Division. The enrollment form must be signed, dated and must indicate a designated beneficiary.

Employees may also select additional life insurance in either 1x, 2x, 3x or 4x base salary or $10,000, $15,000, $25,000, $50,000, $75,000, $100,000 or $150,000 amounts as supplemental contributory coverage. The employee pays the cost of this additional insurance, and may be required to submit evidence of insurability when increasing coverage after initial enrollment. Insurance enrollment forms and booklets explaining in detail the plan of benefits, as well as claim forms and a schedule of costs may be obtained from the Group Health Insurance Office.

Upon retirement life insurance benefits may be reduced.

Upon death the designated beneficiary will be eligible to receive the life insurance proceeds of the insurance participant, the Division must be notified of the death in order to initiate the claim process. Life insurance benefits are payable by the contracted insurance company and a subject to the limitations established by the insurance company.

Supplemental Insurance 
The GVI has several supplemental insurance plans that provide for coverage over and above the regular medical, dental and life insurance coverage.

These plans are voluntary and are not contributed to by the GVI. A list of the current supplemental insurance plans is available through the Group Health Insurance Office. An employee who does not wish to enroll in medical coverage is eligible to enroll in supplemental insurance.

Moving and Relocation Allowance 
It is the policy of the GVI to provide a reasonable relocation allowance inclusive of airfare, to eligible employees, based on their employment contract, to help defray the costs associated with relocation from outside the Virgin Islands to accept employment with the GVI. This allowance is made in lieu of any and all claims for reimbursement of relocation and moving expenses.

This policy applies to new employees recruited from off-island and who are approved by the Department Head to receive the benefit of a relocation allowance for moving and relocation expenses.

Employee Assistance Program (EAP) 
The GVI will provide confidential and voluntary assistance through its Employee Assistance Program (EAP) to all employees and their family members who may be faced with dynamic challenges of financial concerns, legal issues, alcohol or drug problems, marital problems, illness of a family member, emotional worries, child care problems, etc. For the welfare of employees as well as effective business operations, the GVI encourages its employees to take advantage of this valuable benefit of employment with GVI.

Application
Employees and their family members can refer themselves to the EAP. The program may be reached 24 hours a day on weekdays and weekends.

EAP counselors are available to meet with employees or family members to assess a problem and develop a plan for resolution. The counselors may suggest a referral to an outside resource, such as a therapist, Departmental resource, physician, treatment facility or other professional that would be appropriate to assist in resolving the problem or situation. Where an employee may be in need of information, a referral or suggestion may be made over the telephone. There is no charge for employees or their families to use the services of the EAP.

Participation in the EAP Program does not jeopardize job security or promotional opportunities. However, it does not excuse the employee from following GVI policies and procedures or meeting required standards for satisfactory job performance except where specific accommodations are required by law.

Time Away from Work
Employees who want to visit the EAP during regular work hours must use sick, vacation or personal time after their first meeting. If illness is involved, compensatory, sick, and/or annual leave may be used for treatment or rehabilitation on the same basis that it is granted for other health problems.

Mandatory EAP meetings will be completed using administrative leave.

The EAP counselors will make every effort to coordinate referral for ongoing treatment with the employee’s health insurance coverage as well as his/her ability to pay.

Mandatory EAP
When an employee’s job performance or attendance is unsatisfactory or there appears to be signs of other problems during the work day, the supervisor should counsel the employee in consultation with the human resources officer or designee. If the employee appears to be unable or unwilling to correct the situation, the employee may be referred to the EAP to assist in the resolution of the problem. Depending on the situation, the employee may accept or refuse participation in the EAP. However, there may be situations where continued employment with the GVI may be contingent upon the employee calling the EAP for assistance.

REMINDER: All contact between an employee and the EAP is held strictly confidential. In cases where an employee’s continued employment is contingent upon calling the EAP, the EAP counselor will only verify whether or not the employee has contacted the EAP, if ongoing treatment is necessary, and that the employee is following through on the treatment.

Government Employees Retirement System (GERS)
Eligibility
All full-time employees on regular appointments are eligible to participate in the Government Employees Retirement System.

Enrollment
The appropriate enrollment application forms should be completed at the time of orientation and will remain on file in the Departmental Human Resources Office. Contribution will begin on the next available payroll period following enrollment in the retirement program.

Contribution Rates
Contribution rates to GERS are established and amended according to the Virgin Islands Code.

Vesting
Members become vested in the retirement system after ten (10) years of credited service.

Plan Type
The Virgin Islands Government Employees Retirement System is a defined benefit retirement program to which both the GVI and the employee contribute. The benefit at time of retirement is based upon the employee’s age, years of service and salary history.

Retirement Age
Employees with forty (40) years of service may retire at any age at full annuity. A member who is fifty (50) years old with ten (10) years credited service may retire at a reduced annuity. Members who have thirty (30) years of service may retire at any age.

Final Average Salary
The Final Average Salary is the average of highest annual salary up to a maximum of $65,000 during any consecutive five (5) year period in the last ten (10) years. Total maximum benefit may not exceed 100% of maximum salary which may not exceed $65,000.

Retirement Benefits
Vested participants should contact GERS for detailed retirement benefit information at least one year but no later than six months prior to the retirement date.

Military Service Credit
Qualified members may receive military service credit toward retirement. Vested participants should contact GERS for details.