Assistant Counsel

The Assistant Counsel will provide legal counsel, compliance oversight, and program administration for the Authority's Ethics, Freedom of Information Law (FOIL), and Cashless Toll Subpoena functions. The incumbent will support transparency, integrity, and public accountability, and ensure alignment with New York State laws, Commission on Ethics and Lobbying in Government (COELIG) guidance, and Authority policies. Additional duties may include but not be limited to the following:
Ethics Responsibilities:

• Provide legal advice and counsel to Authority executives, employees, and board members regarding applicable ethics laws, codes of ethics, conflicts of interest, financial disclosure requirements, gifts, outside activities, recusals, and post-employment restrictions.
• Interpret and apply state and local ethics statutes, regulations, advisory opinions, and agency ethics policies.
• Review and advise on potential conflicts of interest arising from official actions, procurement, hiring, contracting, and policymaking.
• Draft, review, and update ethics policies, codes of conduct, and internal guidance documents.
• Assist in the administration of ethics programs, including financial disclosure processes and compliance monitoring.
• Conduct or assist with ethics-related reviews, inquiries, or investigations assigned.
• Provide ethics training and educational presentations to Authority staff, management, and board members.
• Serve as liaison with ethics oversight bodies, inspectors general, or ethics commissions, as applicable.

FOIL (Freedom of Information Law) Responsibilities:

• Assist in the administration of the agency's FOIL program to ensure timely, accurate, and lawful responses to public records requests including, where applicable, providing legal review and guidance on FOIL requests, and preparing written FOIL determinations, acknowledgments, denials, and responses in compliance with statutory deadlines.
• Review responsive records for legal sufficiency, confidentiality, privacy concerns, and privilege.
• Coordinate with the records access officer and program areas to locate, review, and produce responsive records.
• Advise on records retention, indexing, and disclosure practices related to FOIL compliance.
• Assist the agency in FOIL-related litigation, administrative proceedings, or Article 78 proceedings, as assigned.

Cashless Tolling Subpoena Responsibilities:

• Receive, analyze, and process all Cashless Tolling subpoenas and records requests.
• Review subpoena requests to ensure compliance with Authority policies governing the release of personal records, the CPLR, and other applicable statutory requirements.
• Coordinate with program staff to identify, collect, and compile responsive records.
• Review all records for accuracy, relevance, and compliance with the scope of the subpoena and Authority policies.
• Plan, develop, and prepare formal responses to subpoenas and records requests on behalf of the Authority.
• Serve as the primary point of contact for law enforcement agencies, private attorneys, and government officials regarding records requests and subpoenas.
• Ensure timely certification and secure transfer of records for use in criminal investigations or court proceedings.
• Maintain accurate tracking and documentation of all subpoena-related actions within the Authority's database.

General Legal Responsibilities:

• Conduct legal research and analysis on issues related to ethics, public integrity, transparency, and administrative law.
• Draft legal memoranda, opinions, correspondence, policies, and guidance materials.
• Assist in risk assessment and compliance strategies related to ethics and public records obligations.
• Monitor legislative and regulatory developments affecting ethics and FOIL and advise on necessary policy or procedural changes.
• Collaborate with other attorneys, compliance staff, and agency leadership on cross-functional legal matters.
• Perform other legal duties as assigned in support of the agency's mission and operations.
• Respond to inquiries and provide guidance regarding proper service of process on the Authority in accordance with established policy.
• Accept service of process directed to the Authority and its officers or directors in their official capacities.
• Provide organizational guidance to staff on the handling of legal documents served in the course of employment.
• Manage and coordinate responses to subpoenas duces tecum, subpoenas for testimony, information subpoenas, and preservation-of-evidence requests on behalf of the Authority.

Minimum Qualifications

Candidates must have the following:

• Juris Doctor (J.D.) from an accredited law school.
• Admission to the New York State Bar and in good standing at the time of appointment.
• At least three years of full time legal experience post admission that includes one or more of the following: government ethics/compliance, administrative or municipal law, open government/FOIL, employment or labor law, government contracting, or litigation.

Preferred Qualifications:

• Public sector ethics experience, including experience building or running ethics approval workflows and tracking deadlines, renewals, and maintaining accurate records.
• Ability to develop and deliver clear training, job aids, and creating practical checklists or templates for use by staff.
• Ability to draft affidavits, compile administrative records, and coordinate with appropriate staff on FOIL and ethics related matters.

Travel may be required.

Additional Comments

This is a Non-Competitive, Phi-Tagged, and Management Confidential position which does not gain tenure. The incumbent of this role will serve at will to the appointing authority.

The NYS Thruway Authority offers an extensive benefits package, including but not limited to paid time off, sick leave incentive, membership to the NYS Retirement System, and 90% tuition assistance.

We offer FREE onsite employee parking.

Our telecommuting program offers up to 20% (two days per pay period) upon completion of at least three months of satisfactory performance and appropriate approvals. Additional policy guidelines and work hours may be discussed during the interview.

ADDITIONAL PAY INFORMATION:
The salary range for this position includes all applicable annual components of pay which are:

• Base Pay Range from Hiring Rate $93,929 up to Job Rate $128,847.
• Recruitment & Retention Pay: $7,000.

ELIGIBILITY FOR EMPLOYMENT:
All potential candidates for this position must be legally eligible to work in the United States at the time of appointment and throughout your employment with the New York State Thruway Authority. If appointed, you will be required to produce documents that verify your identity and authorization to work in the United States, as required by the Federal Immigration Reform and Control Act of 1986, and the Immigration and Nationality Act.

Please be advised, the New York State Thruway Authority does not use eVerify, and we are unable to provide sponsorship for employment visa statuses (i.e. H-1B, Self-Sponsorship, STEM OPT).

The New York State Thruway Authority is an Equal Opportunity Employer. All individuals including women, people of color, LGBTQIA+, people with disabilities, and veterans are encouraged to apply.

New York State Human Rights Law prohibits discrimination based on age, race, creed, color, national origin, sexual orientation, military status, familial status, citizen or immigration status, sex, disability, marital status, gender identity or expression, prior arrests, prior conviction records, predisposing genetic characteristics or domestic violence victim status. The Thruway Authority is committed to a workplace free from discrimination based on the referenced characteristics and other federal and state protected characteristics.

The New York State Thruway Authority provides reasonable accommodations to applicants with disabilities. If you need a reasonable accommodation for any part of the application and hiring process, please contact the Bureau of Accessibility, Equity, Diversity and Employee Engagement at accommodations@thruway.ny.gov or call (518) 471-4321.

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

Contact

Name Christina
Telephone 518-436-2725
Fax 518-471-5076
Email Address canvassreply@thruway.ny.gov

Address
Street 200 Southern Boulevard
City Albany
State NY
Zip Code 12209

Notes on Applying

If interested in this vacancy, please submit a resume and any other documents for proof of eligibility to the contact information in this announcement. You must include the Vacancy ID and Title of the position you are applying for in your email.