Review Vacancy
TitleSenior Attorney / Assistant Attorney 1-3 (NY HELPS) - Vacancy ID# 195462
Bargaining UnitPS&T - Professional, Scientific, and Technical (PEF)
Salary RangeFrom $66951 to $121413 Annually
Duties Description The Department of State (DOS) Office of General Counsel is seeking to hire multiple Senior Attorneys to support several program areas. These areas are:
• Position 1 – Division of Building Standards & Codes & Division of Local Government Services
• Position 2 – Division of Administrative Rules & Bureau of Fiscal Management
• Position 3 – Division of Licensing Services
• Position 4 – Division of Community Services & Division of Cemeteries
The general duties of the Senior Attorney include, but are not limited to:
• Providing legal advice to the supervisor, General Counsel, Executive Office, program managers, staff, and the public where appropriate; assisting the Office of the Attorney General with preparing pleadings for litigation involving the Department; planning litigation strategy; drafting legislation, rules and regulations; providing and analyzing legal opinions, briefs and other material; performing legal research and analysis; drafting or reviewing contracts; preparing opinions and memoranda of law; appearing at administrative tribunals or courts; assist with responding to Freedom Of Information Law (FOIL) requests.
The Senior Attorney program area specific duties in the Office of General Counsel will include but are not limited to the following:
Position 1 – Initial Focus Areas: Division of Building Standards & Codes and Division of Local Government Services
Division of Building, Standards & Codes
This Senior Attorney will assist the Office of General Counsel and will work primarily to provide legal support to the New York State Uniform Fire Prevention and Building Code Council and the Department of State’s Division of Building Standards and Codes (DSBC). Construction, alteration, and demolition of buildings and related structures in New York State is a regulated activity subject to the New York State Uniform Fire Prevention and Building Code and the State Energy Conservation Construction Code (“the construction codes”). The construction codes are formulated and periodically updated by a public body called the Code Council, which is hosted by the Department of State and meets quarterly. The Code Council works with the Code Development Team of the DSBC and DOS counsel regarding the updating and developing of, and questions relating to the construction codes. The construction codes are administered and enforced by local governments, and DOS also plays an oversight role that involves review of matters relating to the administration and enforcement of the construction codes by local governments.
Specific duties associated with the Senior Attorney for this posting include but are not limited to:
• Providing legal advice, technical assistance and guidance to the Division of Building Standards and Codes.
• Assisting with drafting regulations that amend the construction codes, which prescribe minimum standards for administration and enforcement of the Uniform Code, and which relate to DSBC.
• Assisting regional boards of review to handle complex legal questions.
• Assisting Division staff to review and ensure proper code administration and enforcement in local governments.
• Advising program staff regarding complaints received by the Division’s Oversight Unit.
• Providing legal advice to the Division’s Director and staff, the Deputy Secretary, and the public.
• Reviewing code interpretations before issuance.
• Practice administrative law relating to the certification of building safety inspectors and code enforcement officers.
• Attending quarterly meetings of the Code Council.
Division of Local Government Services
The Division of Local Government Services provides training and technical assistance to local governments and community organizations. The Office of Planning, Development, and Community Infrastructure administers a wide range of programs, including the economic development programs Downtown Revitalization Initiative and New York Forward, and the community revitalization Brownfield Opportunity Area Program.
Specific duties associated with the Senior Attorney for this posting include but are not limited to:
• Providing legal advice, technical assistance and guidance to the Division of Local Government Services staff, government officials and others on a range of local government topics including but not limited to municipal law, land use planning and zoning law, municipal home rule authority, environmental law, water law, election law, historic preservation, municipal finance, and telecommunications.
• Developing training materials and publications for use by local government officials and their advisors, members of the public, and others.
• Training local government officials and their employees on discharging their duties and responsibilities in accordance with law.
• Providing legal advice and assistance to Office of Planning, Development, and Community Infrastructure staff, municipal officials and consultants on a broad range of planning topics involving the administration of Downtown Revitalization Initiative and New York Forward funding, and state assistance for Brownfield Opportunity Areas.
• Perform legal tasks including opinion writing, drafting regulations, drafting and reviewing legislation, providing litigation assistance, and responding to FOIL requests.
• Other Division or Program assignments and duties as assigned by the General Counsel or designee.
Position 2: Initial Areas of Focus - Division of Administrative Rules & Bureau of Fiscal Management
Division of Administrative Rules & Bureau of Fiscal Management
This Senior Attorney will assist the Office of General Counsel and will work primarily with staff in the Division of Administrative Rules and the Bureau of Fiscal Management.
Specific duties associated with this position include but are not limited to:
• Providing legal advice, technical assistance and guidance to the agency’s Division of Fiscal Management on a range of topics including but not limited to minority, women, and service-disabled veteran owned business enterprises; vendor responsibility reviews; procurement; contract drafting, tracking, management, review and coordination with the Comptroller’s and Attorney General’s office.
• Providing legal advice, technical assistance and guidance to the Division of Administrative Rules staff and government officials on the form and substance of Department of State and other agency rulemakings, including providing legal advice on the Department’s duty to publish and administer the State Register.
• Work with program managers on the implementation of the agency’s existing contract with the publisher of the State Register and the Official New York Code of Rules and Regulations and assist the Department’s Office of General Counsel with any future procurements for such services.
• Drafting legislation and commenting on legislative proposals.
• Assisting with legal guidance and determinations regarding the Freedom of Information Law.
Position 3 – Initial Areas of Focus: Division of Licensing Services
Division of Licensing Services
This Senior Attorney will assist the Office of General Counsel and will work primarily with staff in the Division of Licensing Services (DLS). DLS licenses a broad range of occupations, including but not limited to real estate brokers and salespersons, appearance enhancement licensees, security service licensees (including armored car guards, security guards, private investigators), and notaries public.
Specific duties associated with the senior attorney for this posting include but are not limited to:
• Providing legal advice, technical assistance and guidance to the Division of Licensing Services.
• Practice administrative law through the conduct of disciplinary hearings involving licensees and applicants for licenses for the occupations licensed by the Department.
• Assist with other litigation, legislative and regulatory matters on behalf of the Department.
• Review of legal and factual issues to determine whether there is substantial evidence of a violation of a disciplinary standard. Coordinate with investigators and other parties to identify significant issues and to secure all appropriate evidence. Conduct sufficient discovery to confirm merits of allegations and identify and assesses merits of defenses and advances or disposes of cases accordingly. Negotiation with disciplinary subject to resolve a matter meriting discipline by stipulation and ensure that all disciplinary orders are enforced. Review of the proposed presentation strategy with complainant and supervisor and obtain input. Drafting formal complaints in a concise and legally supportable manner. Conducting direct and cross examination and prepares all required trial briefs or other legal memoranda necessary for full and fair resolution of issues.
• Coordinating work of others involved in developing evidence, scheduling hearings so that all assigned cases are presented in a professional and expeditious manner.
• Preparing case management data forms in a timely and accurate manner and provide management with systematic status closeout and disposition information on caseload.
• Prosecuting administrative appeals from decisions of the Office of Administrative Hearings to the Secretary of State.
• Preparing memoranda of appeal on behalf of the Division of Licensing Services.
• Identifying relevant legal and programmatic issues and applicable legal and contractual provisions.
• Working directly with General Counsel in maintaining Litigation Unit and training investigators in case preparation and presentation.
• Assisting in the preparation of new regulations and legislation relating to the Department’s mission.
• Performing other legal tasks as necessary to be determined in the Department’s best interest.
Position 4: Initial Areas of Focus - Division of Community Services & Division of Cemeteries
Division of Community Services & Division of Cemeteries
This Senior Attorney will assist the Office of General Counsel and will work primarily with staff in the Division of Community Services (DCS) and the Division of Cemeteries. The work of these Divisions involves administration involving not-for-profit corporations. DCS serves as the official agent of the state for the administration of the Federal Community Services Block Grant Act and works with not-for-profits receiving funding under that Act to carry out assess local community needs and deliver anti-poverty programming and services to low-income individuals and families. The Division of Cemeteries advises the New York State Cemetery Board with regulation of public cemetery corporations regarding a range of community and cemetery-based issues.
Specific duties associated with this position include but are not limited to:
• Providing legal advice, technical assistance and guidance to the Division of Community Services, on topics including but not limited to managing human service contracts relating to the Federal Community Services Block Grant; attending regular and special meetings of the Community Services Block Grant Advisory Council; reporting on issues and responding to legal questions which may arise at such meetings; and assisting in drafting the application and state plan for federal funding and annual reports to stakeholders.
• Providing legal advice, technical assistance and guidance to the Division of Cemeteries and the New York State Cemetery Board on a range of topics involving the application of the Not-for-Profit Corporation law to public cemetery corporations; attending monthly meetings of the Cemetery Board; reporting on issues and responding to any legal questions which may arise at such meetings; analyzing legal documents prepared by public cemetery corporations that are presented to the Cemetery Board for approval; preparing draft written orders for the Cemetery Board directing public cemetery corporations, their officers and directors to comply with the law; and ensuring compliance with applicable laws, including the New York State Open Meetings Law.
• Attend monthly meetings of the Cemetery Board.
• Drafting legislation and commenting on legislative proposals.
For all applicants:
Please indicate in your Cover letter which specific Position(s)/unit(s) of the four outlined above you are interested in (For example, by expressly stating “Position 1” in the cover letter).
Additionally, it will assist our hiring program if you clearly and concisely indicate any potential experience that you possess in relation to the duties and subject matter within the positions/units listed above.
Minimum Qualifications Permanent service in this title or one year of permanent competitive or 55-B/C service in a title that is otherwise eligible for transfer under Civil Service Law.
A list of titles approved for transfer is available through Civil Service GOT-IT at https://careermobilityoffice.cs.ny.gov/cmo/gotit/.
NY HELPS
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, 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 the same rights and privileges of competitive class employees of New York State. While serving permanently in an NY HELPS title, employees may take part in any promotion examination for which they are qualified.
NON-COMPETITIVE MINIMUM QUALIFICATIONS:
The minimum qualifications for Non-Competitive appointment are:
Assistant Attorney 1
Law School Graduation (or other eligibility to take the NYS Bar Examination).
Assistant Attorney 2
Admission to NYS Bar.
Assistant Attorney 3
One year as Assistant Attorney 2 or admission to the NYS Bar and one year of subsequent professional legal experience.
Senior Attorney
Admission to the NYS bar and two years of post-licensure professional legal experience.
55 B/C APPOINTMENT:
This position is eligible for 55b/c designation and candidates with 55B/C eligibility are encouraged to apply. Candidates must meet any open competitive minimum qualifications and must submit their current 55B/C eligibility letter along with their application.
Please forward your Degree or Transcripts with your resume and cover letter.
It is essential that candidates clearly and concisely indicate exactly how they meet the above minimum qualifications in their resume. Failure to show how you meet the minimum qualifications above may result in disqualification and removal from consideration.
Additional Comments The Department of State is proud to be an equal opportunity employer. We encourage women, people of color, LGBTQ individuals, people with disabilities, members of ethnic minorities, foreign-born residents, and veterans to apply. We celebrate diversity and do not discriminate based on race, religion, color, national origin, sex, sexual orientation, gender identity and/or expression, age, veteran status, disability status, arrest record or criminal conviction history, or any other category protected by law.
We are happy to provide reasonable and religious accommodations during the hiring process for those in need. If you have a disability or special need that requires accommodation, please send a request to HRM.Recruitment@dos.ny.gov.
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.
NOTE ON TELECOMMUTING: The Department of State employees may be approved for a maximum of 50% telecommuting, however, they are required to apply and obtain approval through management in accordance with The Department of State Telecommuting Program Guidelines.
Some positions may require additional credentials or a background check to verify your identity.
Email Address HRM.Recruitment@dos.ny.gov
Address
Suite 1150
Notes on ApplyingIf you are interested and meet the minimum qualifications above, email your cover letter, resume, degree/transcript, and New York State Part 1 Application (https://dos.ny.gov/employment-opportunities) to HRM.Recruitment@dos.ny.gov. Please include Title, Location and Vacancy ID # you are applying for in the subject line of your email.