Review Vacancy
TitleDirector of Division of Legal Affairs’ Criminal History Records Check Unit (Principal Attorney) - 2902
Bargaining UnitM/C - Managerial/Confidential (Unrepresented)
Salary RangeFrom $141581 to $178874 Annually
Appointment Type Contingent Permanent
Duties Description • Responsible for all Department of Health, (DOH) Criminal History Record Check (CHRC) Legal Unit operations and training.
• Supervise Senior and Associate Attorney staff, legal assistants, and administrative support personnel.
• Review and ensure attorney administrative employment eligibility determinations are consistent with applicable laws and regulations and made after a thorough review of criminal history information and investigation with detailed analysis of all employee evidence of rehabilitation and good conduct.
• Ensure the CHRC program attorneys independently and accurately evaluate the criminal history of each applicant prior to the rendering of an administrative determination concerning employment eligibility within the statutory timeframes.
• Ensure that every attorney in the Department’s Criminal History Record Check program be able to function in an extremely fast-paced, deadline driven setting.
• Provide day-to-day technical advice to subordinate attorney staff and employees on review/approval of various memoranda and reports of investigation, makes workload determinations/distribution, ensures CHRC case files are properly updated and documented, confirms case work meets evidentiary/statutory standards, and assists in the use/application of various investigative techniques and overall administrative case planning and strategy.
• Supervise and coordinate administrative functions such as analysis of allegations/criminal conviction reports received, review of administrative determinations, time and attendance reports, schedule of work, and work accomplishments.
• Provide legal advice and support to the NYSDOH Home Care Worker Registry (HCR), Certified Nurse Aide (CNA) Registry, and the Bureau of Nursing Home Administration.
• Evaluate and update the DOH criminal history background check program processes.
• Evaluate and update the methodology for preparing consistent legal employability determinations for individuals with criminal backgrounds seeking to work in DOH regulated home care, adult care facilities, health homes, hospice, or nursing homes.
• Ensure consistent and accurate comparative law analysis with respect to federal and out of state criminal matters.
• Identify and implement staffing efficiency measures.
• Liaison with law enforcement including the NYS Attorney General’s Office, NYS District Attorneys’ offices, DOH Medicaid Fraud Control Unit, and the DOH Bureau of Adjudication to identify and prevent employment and Medicaid fraud .
• Liaison with the NYS Division of Criminal Justice Services (DCJS) and Federal Bureau of Investigation (FBI) personnel to assure program compliance with all state and federal security, confidentiality, and regulatory requirements.
• Coordinate and prepare NYS Police and FBI triennial audits of the DOH CHRC program and ensure legal compliance.
• Interact with the DOH Office of Governmental and External Affairs (OGEA) and the NYS Governor’s Public Affairs Group with respect to issues involving the media, and state and federal government officials as pertains to relevant criminal background investigations.
• Meet with industry stakeholders and criminal defendant advocacy groups to identify and promote programmatic efficiency and compliance with all federal and state requirements.
Minimum Qualifications Permanent Transfer: Current NYS Department of Health employee with permanent or contingent-permanent, competitive status as a Principal Attorney, M-5 OR a NYS employee with one year or more of permanent or contingent-permanent, competitive service in a title at or above a G-31 or M-4 and deemed eligible for transfer to a Principal Attorney, M-5 under Section 52.6 of the NYS Civil Service Law.
Preferred Qualifications: Substantial law enforcement / legal experience providing technical / investigative direction to lower-level attorneys and staff in establishing plans for the execution of often complex and sensitive investigations of alleged or confirmed violations of criminal laws, with particular emphasis on crimes that involve a potential direct relationship to or unreasonable risk to DOH regulated long-term care clients or residents. Demonstrate prior experience identifying training needs for staff and evaluating performance. Also, demonstrate strong leadership skills. Must be able to communicate effectively with all levels of staff including higher-level managers and external stakeholders. Strong communication skills to confer with and support the DOH Bureau of Litigation (BOL), Deputy General Counsel and General Counsel, in planning and developing investigative / litigation policies, federal and state law enforcement cooperation, programs, standards, requirements, methods, procedures, precedents and techniques. Prior work with the U.S. Criminal Code, NYS Penal Law, and applicable federal / state court decisions to ensure that the elements of the criminal violations are addressed in the CHRC administrative employment eligibility determinations. Demonstrated ability to consider the make-up of stakeholders audience and provide clear, convincing verbal briefings about technical and sensitive topics.
Additional Comments The NYS Department of Health is committed to making New York a safer, healthier, and more equitable place to live. Understanding health equity, social determinants of health and health disparities is critical to accomplish our goal of eliminating health disparities. For more information on the NYS Department of Health’s Mission, Vision, Values and Strategic Plan, please visit: https://health.ny.gov/commissioner/index.htm
If you require reasonable accommodation to complete a job application, a job interview or to otherwise participate in the hiring process, please contact by phone 518-486-1812 or email doh.sm.reasonable.accommodation@health.ny.gov to make a request.
NYS Department of Health does not participate in E-Verify and does not sponsor visa applications.
For new State employees appointed to graded positions, the annual salary is the hiring rate (beginning of the Salary Range) of the position. Promotion salaries are calculated by the NYS Office of the State Comptroller in accordance with NYS Civil Service Law, OSC Payroll rules and regulations and negotiated union contracts.
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Name Human Resources Management Group
Email Address resume@health.ny.gov
Address
Street Rm 2217 Corning Tower, ESP
Notes on ApplyingPlease submit your resume and cover letter as one (1) document, preferably in PDF format, by email to resume@health.ny.gov, with Reference CD/PA/2902 included in the subject line or by mail to Human Resources Management Group, CD/PA/2902, Rm 2217, Corning Tower Building, Empire State Plaza, Albany, NY 12237-0012, or by fax to (518) 473-3395. Failure to include the required information may result in your resume not being considered for this position.