The Office of Legal Affairs is seeking an Executive Agency Counsel M-1 to serve as Assistant General Counsel (AGC) for the Employment Law Division (ELD). The ELD comprises the Employment Law Unit (ELU) and The Legal Process and Records Access Unit (LPRAU).
ELD provides legal counsel throughout the Department of Social Services/Human Resources Administration and the Department of Homeless Services program areas by providing labor and employment law advice and counsel; overseeing the prosecution of disciplinary matters under the State Civil Service Law by litigating disciplinary cases before the Office of Administrative Trials and Hearings (OATH); defending the Agency before Federal, State, and City EEO enforcement agencies by preparing legal responses to complaints filed by employees and clients, litigating EEO complaints before civil and administrative tribunals, and investigating EEO and misconduct allegations; serving as legal counsel for the Human Resources Solutions (HRS); and providing counsel to the Commissioner, leadership, and other senior management.
The AGC will report to the Deputy General Counsel and the Associate General Counsel and will oversee the preparation of position statements and litigation involving the Department of Homeless Services (DHS) on various matters including responding to complaints filed with City, State and Federal Human Rights agencies related to the Fair Housing Act as well as Housing and Public Accommodation discrimination claims against DHS employees and contractor staff in the administration of shelter and rental assistance benefits based on race, sex, gender, religion, disability, etc.;
The AGC, with wide latitude for independent judgment and decision-making, will also represent DHS in Housing Court cases involving claims by DHS clients related to illegal lock-outs, restoration of possession, repairs, tenancy and squatter’s rights; Civil Court cases involving general tort and premises liability under the small claims limit. The Assistant General Counsel serves as the contact person with external agencies such as the Law Department to review the conduct of outside litigation
The Assistant General Counsel will also handle counseling questions and provide direction and guidance on New York Civil Practice Law and Rule (CPLR) Article 78 proceedings in FOIL litigation and motions to quash subpoenas. This includes appearing in court proceedings, drafting pleadings, stipulations, and memoranda.
• Provides legal research, analysis and counsel to the program areas and their executive and senior staff on federal, state, and local human rights laws and regulations.
• Interprets and analyzes federal and state law and prepares responsive documents defending the agency against claims of discrimination and violation of the Fair Housing Act, NYC Human Rights Law, NYS Human Rights Law, Americans with Disabilities Act, etc.
• Represents the agency in administrative and investigative proceedings involving claims of discrimination based on race, sex, gender, religion, disability, etc. by the agency in its administration of social service benefits, public and housing accommodations etc.
• Directs and guides agency implementation and compliance with consent decrees, conciliation agreements, court orders and settlement stipulations from post conference, hearing and administrative tribunal.
• Coordinates with the Law Department and other counsel in the review of pre-trial preparation, discovery document disclosure and review, witness preparation, drafting affidavits and other document management.
• Meets regularly with the senior managers to discuss workload, including program counseling and policy work, direct counseling to DHS, supervision of other unit attorneys and general tracking; litigation; work with advocates; any general issues with supervision; and agency hearings and conferences.
• Supervises the Agency Attorney and support staff, tracking incoming cases and assigning cases based on case complexity, ensuring that staff are performing the appropriate level of volume of work, and competent in completing assigned legal tasks, and providing legal guidance on successful trial advocacy.
• The Assistant General Counsel may act on behalf of the Senior Deputy General Counsel and the Associate General Counsel, in their absence, by attending meetings with senior agency managers and providing appropriate legal advice, and otherwise ensure that senior managers within the department and outside are fully apprised of issues that require the attention of senior management and working with senior managers on newly emerging issues.
• Reviews and analyzes litigation strategies and outcomes; recommends administrative, procedural and policy decisions to further litigation outcomes; guides the work of subordinate attorneys.
• Responds to legal inquiries from leadership and program staff.
Minimum Qual Requirements
Admission to the New York State Bar; and four years of recent full-time responsible, relevant, satisfactory legal experience subsequent to admission to any bar, eighteen months of which must have been in the supervision of other attorneys, in an administrative, managerial or executive capacity, or performing highly complex and significant legal work.
Incumbents must remain Members of the New York State Bar in good standing for the duration of this employment.
Preferred Skills
• Strong interpersonal skills;
• Ability to handle varied matters on a fast and flexible basis;
• Excellent legal research and writing skills;
• Ability to plan and schedule a large number of cases;
• Good judgment in matters of policy strategy;
• Demonstrated litigation and research skills;
• Comprehensive knowledge of Civil Practice Law and Rules, Social Services Law and state guidance on temporary housing assistance.
• Self-motivated and organized.
Additional Information
SALARY RANGE $101,363 to $111,000
**LOAN FORGIVENESS
The federal government provides student loan forgiveness through its Public Service Loan Forgiveness Program (PSLF) to all qualifying public service employees. Working with the DSS/HRA/DHS qualifies you as a public service employee and you may be able to take advantage of this program while working full-time and meeting the program’s other requirements.
Please visit the Public Service Loan Forgiveness Program site to view the eligibility requirements:
https://studentaid.ed.gov/sa/repay-loans/forgiveness-cancellation/public-service
The Human Resources Administration/Department of Social Services offers competitive salaries and the following benefits:
Generous Pension Plans (The New York Employees’ Retirement System);
401(k) and Roth 457 Retirement Savings Programs;
U.S. Savings Bonds Flexible Spending Program;
Health Benefits, Dental, Vision Coverage, Prescription Drug Program;
Training and Professional Development;
Opportunity for Scholarship; College Savings Program;
Paid Holidays and Generous Annual Leave.
To Apply
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Public Svc Loan Forgiveness
As a prospective employee of the City of New York, you may be eligible for federal loan forgiveness programs and state repayment assistance programs. For more information, please visit the U.S. Department of Education’s website at StudentAid.gov/PSLF .
Hours/Shift
Monday – Friday, 9 am – 5 pm
Work Location
4WTC, 150 Greenwich Street, New York, NY 10007
Residency Requirement
New York City Residency is not required for this position
POSTING DATE
06/30/2023
POST UNTIL
Until Filled
The City of New York is an inclusive equal opportunity employer committed to recruiting and retaining a diverse workforce and providing a work environment that is free from discrimination and harassment based upon any legally protected status or protected characteristic, including but not limited to an individual’s sex, race, color, ethnicity, national origin, age, religion, disability, sexual orientation, veteran status, gender identity, or pregnancy.