Review Vacancy
AgencyEnvironmental Conservation, Department of
TitleSenior Attorney / Assistant Attorney 1/2/3- (2 Positions) NY HELPS
Bargaining UnitPS&T - Professional, Scientific, and Technical (PEF)
Salary RangeFrom $65001 to $117875 Annually
Appointment Type Contingent Permanent
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 maybe 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 this time, agencies may recruit and hire employees by making temporary appointments. In May 2024, if a temporary NY HELPS employee is satisfactorily performing in the position, the appointment will be changed from temporary pending Civil Service Commission Action to permanent non-competitive and the official probationary period will begin.
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.
NY HELPS, Open competitive minimum qualifications (provided for 55b/c candidates and 70.4 transfer eligibles): 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.
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
Duties Description 30% Legal Research and Preparation of Legal Documents: Conducts legal research and prepares or reviews legal documents, litigation papers, Consent Orders, Brownfield Cleanup Agreements, environmental easements, summary abatement orders, subpoenas, search warrants, etc. on regional matters.
• Meet with appropriate Regional staff to gather specific information as required and prepares final documents.
• Reads, analyzes all pertinent laws, regulations, cases, Attorney General Opinions, Declaratory Rulings and other relevant authorities.
• Presents findings orally or in writing to Regional Attorney and appropriate Regional staff.
• Gains knowledge of legal requirements of such documents.
• Reviews and evaluates existing documents.
• Prepares draft documents including consent orders, brownfield cleanup agreements, pleadings, motions, briefs, affidavits and other legal documents.
• Prepares memoranda of law as required, incorporates research into work product and makes research available to others.
30% Legal Advice: Provides legal advice on program-related matters to Regional Staff as required.
• Acquires foundation in applicable laws, rules and regulations, Declaratory Rulings, Department policy and Division policy.
• Gathers background information to determine pertinent facts.
• Meets with regional program enforcement staff to review tentative conclusions; prepares final advice and identifies problem areas.
• In consultation with Regional Attorney, develops enforcement cases, gives legal advice in enforcing the Environmental Conservation law (ECL) and relevant regulations.
• Provides legal counsel to regional staff, particularly assisting staff in understanding regulatory requirements specific to their program, identifying problem areas and preparing final advice; and advising regional program staff of legislative proposals affecting regional program responsibilities.
• Reviews and provides comments on program-related guidance memoranda, policy statements, consent orders, etc.
• Reviews program-related files which are the subject of Freedom of Information Law requests.
30% Negotiations: Represents DEC in negotiations involving regional cases.
• Conducts legal and factual research to become familiar with cases and their value as precedent.
• Meets with Regional staff to review cases and explore negotiation strategies.
• Develops negotiation strategy in consultation with Regional Attorney and Regional staff.
• Meets with outside parties and represents DEC in negotiations.
• Maintains oral and written contact with outside parties concerning agency data, interpretations and positions.
•
10% Hearings, Litigation, and Mediation: Represents DEC in administrative, adjudicatory hearings, mediation, and enforcement-related litigation involving cost recovery, and program-related permit and enforcement cases.
• Researches law and facts for each case and prepares documents for proceedings
• Prepares for direct and cross-examination of witnesses.
• Represents DEC at proceedings.
• Represents DEC at mediation sessions.
• Maintains liaison status on referrals through resolution.
• Prepares status report for Regional Attorney and appropriate Regional staff and prepares final report of outcome.
• Represents DEC in joint federal/state enforcement.
• Represents DEC in interactions in cases referred to NYS Attorney General.
Additional Comments Must have a valid driver’s license or demonstrate the ability to meet the transportation needs of the position. Travel may be required. Overnight travel may be required. 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.
Some positions may require additional credentials or a background check to verify your identity.