POSITION DESCRIPTION Ministry of Aboriginal Relations and Reconciliation POSITION TITLE: Senior Analyst, Critical Incidents POSITION NUMBER(S): DIVISION: (e.g., Division, Region, Department) Strategic Initiatives TBD UNIT: (e.g., Branch, Area, District) Lands and Resources Branch APPROVED CLASSIFICATION SUPERVISOR’S TITLE: SUPERVISOR’S CLASSIFICATION: AO27 Negotiator, Critical Incidents Business Leadership LOCATION: Various Victoria CLASS CODE POSITION NUMBER PHONE NUMBER: 36255 PROGRAM The Ministry of Aboriginal Relations and Reconciliation (MARR) is the primary source of leadership to government in restructuring its relationship with First Nations and Aboriginal People based upon respect, recognition and accommodation of Aboriginal rights and title. The creation and implementation of treaties and other forms of lasting agreements with First Nations are mainly the result of respectful negotiations. MARR is mandated with primary responsibility for conducting sectoral consultations and representing the interests of the Province and its citizens in the development and negotiation of comprehensive land claims settlements, agreements that facilitate the development of resource projects, and other forms of agreements. These negotiations are to achieve legal certainty with respect to ownership and use of provincial Crown lands and resources, resolve land use or related resource issues, or improve economic opportunities for growing First Nations communities. They are central to the government’s vision of creating sustainable aboriginal communities through strategies, including closing the socio-economic gap, cultural recognition, economic development, and the negotiation of treaties and other forms of lasting agreements. PURPOSE OF POSITION Critical incident response is the effective, coordinated response to blockades, protests or other incidents of civil disobedience involving First Nations in British Columbia, and the negotiations resulting from critical incidents. The Senior Analyst assists the Negotiator and Assistant Negotiator, Critical Incidents in managing high-profile situations that could potentially result in work stoppages and public safety risk through escalating circumstances. The Senior Analyst supports negotiations on behalf of the Province in bi- and/or tri- partite working groups, working tables and inter-ministerial working groups with First Nations and federal or municipal governments. The incumbent provides strategic planning advice on approaches to negotiations; assists the Negotiator and Assistant Negotiator, Critical Incidents to identify the range of issues to be negotiated; and, formulates negotiations strategies through consultation with line ministries. The Senior Analyst leads or participates in working groups with line ministry representatives and law enforcement officials concerning issues that arise across the province. The Senior Analyst assists in the development of provincial mandates through participation on internal working groups, and assists in the development of specific mandates on assigned components or elements of a broad range of negotiations. The Senior Analyst may be involved in a number of projects in a variety of negotiations and cross-ministry initiatives. NATURE OF WORK AND POSITION LINKS The Senior Analyst reports to the Negotiator, Critical Incidents, and supports the Assistant Negotiator to work directly with line ministries, central agencies and, externally, law enforcement agencies, local governments, First Nations, business representatives, and other stakeholders. The Senior Analyst supports and participates in negotiations; participates in public education and consultation at the provincial or regional level in conjunction with chief negotiators and Government Communications and Public Engagement staff, line ministry staff and others; assists with public information processes and communication of messages on critical incidents, emergency response management, and emerging issues. The position assists the Negotiator, Critical Incidents in assessing the risks of emerging critical incidents, and with developing and co-ordinating plans with regional staff for MARR and other impacted ministries. AO27 Critical Incident JD November 2013 Page 1 of 6 SPECIFIC ACCOUNTABILITIES / DELIVERABLES The Senior Analyst communicates extensively with numerous internal and external officials: Chief Negotiators/Assistant Deputy Ministers – to take direction from and provide advice regarding emerging issues. Ministry Executive Committee and other senior management officials – to clarify mandates, goals and objectives, and to guide specific strategies to address emerging issues, critical incidents and associated negotiations. Ministers/staff, Deputy Ministers/staff and other senior officials in line/resource ministries – to communicate with and advise on emerging issues, critical incident management and coordination, and associated negotiation activities and updates; and, to assist with coordinating provincially when critical incident activities occur. External government officials (senior officials from line ministries, municipalities, federal government, law enforcement agencies, chief negotiators and other senior federal negotiation staff and First Nations) – to communicate with and engage in respective roles and responsibilities for relationship building, developing strategies, managing issues and dispute resolution. Justice/Attorney General (AG) Legal Services Branch (Aboriginal Litigation and Aboriginal Law Groups) – to receive advice at treaty and non-treaty negotiations and where direct action involves acts, or potential acts, of protest or civil disobedience. First Nations, local governments, industry, RCMP, other law enforcement agencies, elected officials, crown corporations, private lawyers and industry representatives – to share information and to respond to emerging issues. Supports negotiations with First Nations by: Determining the interests and expectations to formulate strategies and approaches that will achieve agreement; Determining and advising on necessary requirements for achieving agreement through liaison with ministry representatives (typically Regional Director or equivalent). Leading the development of consolidated provincial position by obtaining appropriate senior line ministry participation and agreement; Responding to public and third party concerns and questions; Identifying issues on which agreement cannot be reached and that must be referred to the bargaining principals; and, Preparing Executive, Cabinet or Treasury Board submissions on negotiating positions and the range of options available. Assists to identify the range of issues to be negotiated by: Providing expert and strategic advice to the Negotiator and Assistant Negotiator, Critical Incidents on specific areas as assigned; Assisting the Negotiator and Assistant Negotiator to identify the range of issues to be negotiated and formulating negotiation strategies through extensive consultation with line ministries at regional levels and headquarters; Developing proposals on negotiation positions for tabling, and creating notes for use by the Negotiator, Critical Incidents, MARR Executive, and the Minister; Providing analysis of federal government or First Nations interests and proposals; Identifying implications and line ministry interests; Participating in working groups with line ministry representatives concerning issues that will be negotiated by the Province; and, Coordinating research processes and activities conducted by line ministry staff. Assists with managing critical incidents and emergency response management by: Leading or participating in a province-wide critical incident response framework; Formulating initial and ongoing response strategies for critical incidents; Coordinating critical incident responses in order to minimize impact and duration; Providing guidance and technical leadership during critical incidents; Executing clear and concise communications of incident status to senior officials and line agencies, when required; AO27 Critical Incident JD November 2013 Page 2 of 6 Working closely with law enforcement agencies, legal, security, and other line agencies as required to report incidents and coordinate critical incident response; Research and analyze open source information to remain current on emerging issues, incident response bestpractices, intelligence analysis and forecasting; Performing analysis of incidents, identifying trends, and incorporating other lessons learned to recommend process or technical control improvements to manage risk; and, Developing critical incident policy development and training for the ministry, and where required, line agencies. ACCOUNTABILITIES: Coordinates management of critical incidents, emerging issues and negotiations as part of the critical incident response plan and government direction; Proactively develops relationships throughout the province with and among a number of groups: local government, law enforcement agencies, industry, line ministries, NGO’s, and First Nations; Represents the interests of the Province externally to other governments (line/resource-based provincial government ministries; B.C. municipalities, federal government; first nations); Supports the Negotiator and Assistant Negotiator, Critical Incidents and Executive Director managing emergency response issues on behalf of the Ministry. FINANCIAL RESPONSIBILITY Moderate financial responsibility to prepare fiscal arrangements and supply cost data for negotiation proposals and Cabinet and Treasury Board submissions. DIRECT SUPERVISION (i.e., responsibility for signing the employee appraisal form) # of Regular FTE’s # of Auxiliary FTE’s Directly supervises staff 0 0 Supervises staff through subordinate supervisors 0 0 Role PROJECT /TEAM LEADERSHIP OR TRAINING (Check the appropriate boxes) # of FTE’s Role Supervises students or volunteers Lead project teams 0 X # of FTE’s Role Provides formal training to other staff X Assigns, monitors and examines the work of staff X SPECIAL REQUIREMENTS Incumbent must have a driver’s license in order to travel to remote communities throughout BC. Ensure the adequate protection and confidentiality of highly sensitive data and information, which if released or distributed prematurely could compromise the government’s policy and/or negotiation strategies. TOOLS / EQUIPMENT WORKING CONDITIONS Travel through the Province on a regular basis, frequently to isolated communities, up to 70% of incumbent’s time. WORK EXAMPLES AO27 Critical Incident JD November 2013 Page 3 of 6 COMMENTS PREPARED BY NAME: DATE: EXCLUDED MANAGER AUTHORIZATION I confirm that: 1. the accountabilities / deliverables were assigned to this position effective: (Date). 2. the information in this position description reflects the actual work performed. 3. a copy has / will be provided to the incumbent(s). NAME: SIGNATURE: DATE: ORGANIZATION CHART STAFFING CRITERIA Education and Experience Degree or diploma in a related field such as Conflict Resolution, Law or Negotiations (e.g. Justice Institute of BC Negotiation/Mediation/Third-Party Intervention programs); an equivalent combination of education and experience may also be considered; A minimum of 3 years experience leading, or participating in, negotiations with First Nations in a tripartite environment; or 3 years comparable negotiating experience in bilateral, tripartite multi-party negotiations in matters of similar profile and significance (See Note 1 below); A minimum of 2 years experience conducting complex research and analysis related to land use, resource management or economic development issues; A minimum of 2 years experience in policy development or program development and delivery; Experience in managing high conflict and significant risk situations or emergency management; Experience managing multiple projects and assignments. Knowledge Thorough knowledge of the issues in one or more of the substantive topic areas under negotiation (e.g., land use, resource management, cultural programs, social programs, implementation, governance, fiscal arrangements and economic analysis); Knowledge of relevant federal, provincial and municipal government regulatory policies and processes, statutory authorities, and programs; Knowledge of Aboriginal issues in British Columbia and of the operations of First Nations governments; Knowledge of the British Columbia treaty negotiation process. Skills and Abilities Superior negotiation skills; Strong and effective facilitation and conflict resolution skills; Ability to maintain effective working relationships with groups and individuals with diverse or competing interests, in order to reach agreement; Strong team participation skills; Ability to identify and analyze a complex range of issues or problems and recommend viable approaches and/or solutions; AO27 Critical Incident JD November 2013 Page 4 of 6 Superior time and workload management skills; Ability to exercise judgement and sensitivity with complex and politically sensitive issues; Ability to deal effectively with unanticipated situations in a public setting; Presentation skills; Superior oral communications skills; and, Superior written communication skills. NOTE 1: “A minimum of 3 years leading, or participating in, negotiations with First Nations in a tripartite environment; or 3 years comparable negotiating experience in bilateral, tripartite or multi-party negotiations in matters of similar profile and significance” Comparable experience includes the following: Outcome based negotiations with a concrete result; A clear mandate obtained from the principals of each party; Development of formal, usually written, agreements that are implemented; Substantive subject matter of significant value (e.g., resources, land, union/management or economic agreements); Complex and multifaceted; and, Bi-lateral, tri-lateral or multi-party. NOTE 2 (Travel): Frequent travel is a requirement of this position. Incumbents must be willing and able to travel throughout the province up to 70% of the time for extended periods with little notice. NOTE 3: The following position requires specialized Knowledge and Experience in a particular field. Senior Analyst, Fiscal: is an expert in financial and fiscal matters. In addition to above qualifications, requires expert knowledge and experience related to economic agreements, fiscal arrangements and/or cost sharing, as well as an indepth understanding of the treaty process in British Columbia. Senior Analyst, Implementation: is experienced in implementation of programs, policy or agreements. In addition to the above qualifications, requires extensive experience and knowledge of project management and implementation principles; experience in policy development; proven ability to carry out detailed analysis; and has good knowledge of legislative process. Senior Analyst, Critical Incidents: requires knowledge and experience in issue or emergency management that requires immediate response; intelligence analysis and evaluation in support of planning and decision making; and some experience in risk assessment. COMPETENCIES Results Orientation - is taking action to achieve challenging goals or high standards; is focusing on the desired outcomes, setting challenging goals, and taking action to meet or exceed them. Teamwork and Co-operation - is working co-operatively with diverse teams, work groups and across the organization to achieve group and organizational goals; this includes communicating effectively and collaboratively with others. Problem Solving/Judgement - is the ability to analyze problems systematically, organize information, identify key factors, identify underlying causes and generate solutions. Relationship Building - is the ability to build or maintain ethical relationships or networks or contacts with people who are, or may be, potentially helpful in achieving work-related goals and establishing advantages. Impact and Influence is the ability to influence, persuade, or convince others to adopt a specific course of action. It involves the use of persuasive techniques, presentations or negotiation skills to achieve desired results. AO27 Critical Incident JD November 2013 Page 5 of 6 Service orientation - is understanding of the service needs of a client/customer (internal or external) and actively focusing on anticipating, meeting and exceeding the needs in a timely and appropriate manner. Innovation and change - is supporting and encouraging new ideas and approaches to enhance performance and results; is embracing change, taking intelligent risks, and helping others to engage in the change process. Negotiating/Conflict Management - involves knowledge and skills to engage in two-party/multi-party negotiations and to facilitated third-party intervention or mediations into conflict situations. Listening, understanding and responding - is the desire and ability to understand and respond effectively to other people from diverse backgrounds; includes the ability to understand accurately and respond effectively to both spoken and unspoken or partly expressed thoughts, feelings and concerns of others. People who demonstrate high levels of this competency show a deep and complex understanding of others, including cross-cultural sensitivity. Planning, organizing and co-ordinating - involves proactively planning, establishing priorities and allocating resources; expressed by developing and implementing increasingly complex plans. Also involves monitoring and adjusting work to accomplish goals and deliver to the organizations mandated. AO27 Critical Incident JD November 2013 Page 6 of 6
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