Position Information

NY HELPYes

AgencyEnvironmental Conservation, Department of

TitleSenior Attorney / Assistant Attorney 1 / 2 / 3 - NY HELPS

Occupational CategoryLegal

Salary GradeNS

Bargaining UnitPS&T - Professional, Scientific, and Technical (PEF)

Salary RangeFrom $66951 to $121413 Annually

Employment Type Full-Time

Appointment Type Contingent Permanent

Jurisdictional Class Competitive Class

Travel Percentage 0%

Schedule

Workweek Mon-Fri

Hours Per Week 37.5

Workday

From 8 AM

To 4 PM

Flextime allowed? No

Mandatory overtime? No

Compressed workweek allowed? No

Telecommuting allowed? Yes

Location

County Albany

Street Address 625 Broadway

City Albany

StateNY

Zip Code12233

Job Specifics

Duties Description The Senior Attorney provides support to the New York State Department of Environmental Conservation and will be assigned to the Water and Natural Resources (WNR) Bureau in the Office of General Counsel (OGC). The Senior Attorney position is needed to primarily support the freshwater and tidal wetlands programs within the Divisions of Fish and Wildlife and Marine Resources, respectively, and the Division of Water, including the Coastal Erosion Hazard Areas program. The Senior Attorney position will also be responsible for assisting the Division of Environmental Permits with programmatic legal questions related to NYS ECL Art. 15. Specific tasks include: conducting legal research and providing legal advice to program staff; reviewing and preparing legal documents; and working with program staff to develop legislation, rulemakings, and guidance. The Senior Attorney may be asked to perform other duties, which 1) provide experience with programs other than those assigned, or 2) assist the Bureau with workload management (e.g. rule makings, FOILs).

25%

Legal Research: Conducts legal research on specific legal issues related to assignments.

•Reads and analyzes all pertinent laws, regulations, state and federal cases, and
administrative decisions;

•Includes associations with precedent, case law, and recent and ongoing cases; and

•Prepares memoranda of law, as necessary, and incorporates research into work product that can be utilized by others in OGC, as well as Executive staff and program staff, as appropriate.

30%

Legal Advice: Provides legal advice on assigned matters to OGC management, as well as Executive staff and program staff, as appropriate.

•Acquires a thorough foundation in applicable state and federal laws, rules and regulations, Declaratory Rulings and Department policies;

•Gathers extensive background information to determine and apply pertinent facts;

•Meets with section chief and program staff to review facts and establish administrative review objectives and negotiation and/or litigation strategy as necessary;

•In consultation with bureau management, develops case strategies and gives legal advice to program staff in carrying out goals for cases, based on relevant laws and regulations;

•Provides legal counsel to program staff, particularly assisting staff in understanding regulatory requirements, identifying problem areas and preparing final advice;

•Works with program staff to keep records retention schedules current.

30%

Review and Preparation of Legal Documents, including Legislation, Regulations, and Guidance: Reviews and applies legal guidance to documents to ensure legal requirements are met.

•Gains thorough knowledge of all legal requirements for issuing guidance;

•Gains thorough knowledge of all legal requirements for rulemakings;

•Works with program staff to develop guidance, legislation, and rulemakings;

•Meets with program staff to gather specific information as required to prepare draft and final documents.

•Prepares a variety of agreements to move the initiatives of program staff forward;

•Reviews and evaluates existing documents, and integrates program staff materials for document completeness and adequacy;

•Ensures documents are legally sufficient as may be required by applicable statutes and regulations, including an evaluation of legal options for the General Counsel;

•Prepares, or assists staff with preparing, briefing materials on topics where management and/or Executive decisions are needed;

•Prepares legal documents, including litigation or adjudication papers; and

•Prepares draft and final documents for submission to the General Counsel, Office of Hearings and Mediation Services, or other State or Federal agencies, including internal briefings, comments, petitions, administrative briefs, affidavits, and rulings.

10%

Hearings, Litigation, and Negotiation: Represents the Department in administrative/adjudicatory proceedings before the Department; serves as a liaison with the Office of Attorney General on assigned matters in State and Federal court.

•Researches law and facts for each case and prepares documents for administrative proceedings;

•Prepares for direct and cross-examination of witnesses;

•Prepares and files post-hearing briefs;

•Prepares litigation package (advisory, referral, hold, update);

•Assists the Office of Attorney General in any litigation resulting from administrative proceedings, including the collation of the administrative record, discovery responses and document preparation (e.g. attorney and staff affidavits)

•Conducts legal and factual research to become familiar with cases and their value as precedent to the litigation;

•Develops negotiation strategy in consultation with program staff and OGC management;

•Represents the Department in meetings and settlement discussions with applicants, other State and Federal agencies, and outside parties; and

•Drafts and/or edits all administrative settlement proposals and prepares final documents for General Counsel or other approval.

5%

Contact with the public:

•Reviews program-related files for Freedom of Information Law requests and other information requests, such as discovery.

•Assists program staff and the press office with responses to public and media inquiries as necessary; and

•As may be requested, prepare presentations on assigned program areas.

Minimum Qualifications This title is part of the New York Hiring for Emergency Limited Placement Statewide Program (NY HELPS).

For the duration of the NY HELPS Program, this title may be filled via a non-competitive appointment, which means no examination is required but all candidates must meet the minimum qualifications of the title for which they apply.

At a future date (within one year of permanent appointment), it is expected employees hired under NY HELPS will have their non-competitive employment status converted to competitive status, without having to compete in an examination. Employees will then be afforded with all of the same rights and privileges of competitive class employees of New York State. While serving permanently in a NY HELPS title, employees may take part in any promotion examination for which they are qualified.

Position may be filled at the Senior Attorney level or one within the Legal Traineeship appointment levels. Appointment title will be dependent upon qualifications of candidate selected.

Reassignment - Currently in the title and an employee of DEC

Or
Reinstatement Eligible - Previously held the title on a permanent competitive basis or held a title as indicated under the transfer eligible section on a permanent competitive basis
OR

Transfer Eligible - One year of permanent competitive service at Salary Grade 16 or higher and either:

Eligible for transfer under Section 70.4: Must meet the open competitive minimum qualifications below;
Or

Eligible for transfer under Section 52.6: Must have current or prior service in a title designated as 52.6 within two salary grades/one M grade of this position. In addition, you must be a graduate of an accredited law school with an LLB or JD degree and/or be eligible to take the New York State Bar examination. If you are not admitted to the NYS Bar within two years of appointment, your appointment will be terminated.
OR

Eligible for transfer under Section 70.1: Permanent competitive service as a Senior Attorney or Senior Attorney Realty.

55b/c candidates must meet the open-competitive minimum qualifications below and include with their resume or application, a copy of the letter from Civil Service which indicates approval for the 55b/c program.

Open competitive minimum qualifications (provided for 55b/c candidates, 70.4 transfer eligibles, and NYHELPS candidates): graduate of an accredited law school with an LLB or JD degree and/or be eligible to take the NYS Bar examination. If you are not admitted to the NYS Bar within two years of appointment, your appointment will be terminated.

In addition, open competitive candidates are required to have the selective criteria that is listed within the duties description.

If you are on an examination eligible list for the position title, you do not need to respond to this posting unless you are also eligible for appointment by transfer, reinstatement, or reassignment as defined above. The eligible list will be canvassed as appropriate. Always respond to an eligible list canvass.

Additional Comments Telecommuting may be available, will be discussed at interview.

We offer a work-life balance and a generous benefits package, worth 65% of salary, including:

• Holiday & Paid Time Off
• Public Service Loan Forgiveness (PSLF)
• Pension from New York State Employees’ Retirement System
• Shift & Geographic pay differentials
• Affordable Health Care options
• Family dental and vision benefits at no additional cost
• NYS Deferred Compensation plan
• Access to NY 529 and NY ABLE College Savings Programs, and U.S. Savings Bonds
• And many more...

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.

The Department of Environmental Conservation (DEC) is committed to fostering a culture of diversity, equity, inclusion, and accessibility. Our work would not be possible without the diverse backgrounds, experiences, ideas, and abilities of our employees. DEC is committed to developing a workforce which represents the diverse population of New York State. DEC embraces a diverse and inclusive work environment by encouraging all individuals, including those with disabilities, to apply to open positions at the agency.

Please be advised, the New York State Department of Environmental Conservation does not use E-Verify, and we are unable to provide sponsorship for employment visa statuses (i.e. H-1B, Self-Sponsorship, STEM OPT).

Some positions may require additional credentials or a background check to verify your identity.

How to Apply

Name Megan Miller

Telephone 518-402-9273

Fax 518-402-9038

Email Address PostingResponses@dec.ny.gov

Address

Street 625 Broadway

City Albany

State NY

Zip Code 12233

 

Notes on ApplyingPlease email/mail your resume to the above. Be sure to include Vacancy #26-211991 when applying to this position or your application may not be accepted. Please include a copy of your transcript. Unofficial copy is acceptable.