Description:

Salary Range: $200,000.00 To $215,000.00 Annually

General Purpose of the Job:
The General Counsel will oversee all legal matters, combining nonprofit governance with expertise in government contracts, Medicaid, and healthcare law. This senior leadership role involves advising leadership on compliance, negotiating contracts, managing risk, and handling complex regulatory issues. The incumbent will be singularly [direct hands-on] responsible for all legal matters for the organization.

Essential Duties and Responsibilities:
General Legal and Strategic Advisement
  • Provides expert legal counsel to the executive team and board of directors.
  • Organizational governance: Ensures legal compliance related to nonprofit governance, including bylaws, board policies, fundraising, and ethics.
  • Strategic guidance: Advises leadership on the legal impacts of strategic decisions, mission-driven initiatives, and opportunities for growth.
  • Risk management: Anticipates legal issues, assess regulatory and reputational risks, and implement strategies to prevent and mitigate potential problems.

Government Contracting and Regulatory Compliance
  • Department of Homeless Services (DHS): Advises on laws and regulations governing temporary housing programs, shelter environments, and the delivery of social services. This may involve interpreting policies from agencies such as the New York City Department of Social Services (DSS)/Human Resources Administration (HRA)/DHS.
  • Medicaid and healthcare law: Guides the organization on complex Medicaid-related matters, such as eligibility rules, asset management, and billing and reimbursement practices. Works to ensure program operations are compliant with ever-changing federal and state regulations.
  • Government liaison: Acts as the primary contact with government regulators and external agencies. Advises on proposed legislation and regulations related to human and social services.
  • Contract management: Draft, review, and negotiate agreements with government entities, vendors, and partners. Work in collaboration with compliance with all contract terms.

Litigation and Advocacy
  • Oversee litigation: Manages and oversees administrative hearings, court proceedings, and any litigation involving the organization. This includes managing the work of outside counsel.
  • Administrative hearings: Represents the nonprofit and its clients in administrative hearings, particularly those related to fair hearing requests for clients facing the discontinuation of benefits.
  • Advocacy: Advocates for policies and legislation that support the organization's mission and enhance services for homeless populations. This can involve representing the organization before public bodies and working with advocacy groups.

Departmental leadership
  • Cross-functional collaboration: Work closely with other departments, such as finance, human resources, and program teams, to ensure all operations are legally sound.
  • Staff training: Develop and deliver legal and compliance training to staff on relevant topics, such as regulatory changes, data privacy (HIPAA), and risk management.

Position Parameters [other measurable factors]:
Decision-making responsibilities:
  • Provides strategic legal advice to leadership and the board, evaluating risks and weighing multiple factors in complex legal matters, and ensuring all organizational decisions align with legal requirements, ethical standards, and the nonprofit's mission and values.
  • Leads internal policy development, manage compliance with nonprofit regulations, and guide the organization through potential disputes and litigation, requiring a combination of legal expertise, strategic thinking, and strong judgment to balance risks and opportunities.

Problem solving responsibility:
  • Anticipates issues, evaluating risks, developing proactive solutions, balancing competing priorities, and creatively applying legal expertise to advance the organization's mission and strategic goals.
  • Evaluates multiple inputs and potential impacts of decisions or courses of action to make well-reasoned recommendations that consider core values, risk, and organizational impact.
  • Demonstrates the ability to balance competing needs, negotiates with various internal and external stakeholders, and facilitates complex legal and organizational challenges.

Working relationships and contacts:
  • Provides strategic legal guidance on organizational priorities, risk management, partnerships, and long-term planning.
  • Advises on corporate governance, ensures compliance with nonprofit laws and regulations (like 501(c)(3) status), and helps with strategic planning efforts.
  • Helps departments understand their legal obligations, reviews services for regulatory compliance, and provide advice on various legal matters affecting their operations.
  • Collaborates on employment law matters, including policies, employee relations, disciplinary actions, and compliance with labor laws.
  • Offers legal advice on investment management, investment policy compliance, and the legal aspects of financial and fundraising activities.
  • Manages relationships with outside legal counsel, negotiates contracts, and handles disputes and litigation on behalf of the organization.
  • Communicates effectively with diverse groups, including community partners, volunteers, and government bodies, to advocate for the organization's interests.

Impact/importance of function:
  • The General Counsel is crucial for mitigating risk, navigating regulations, managing legal budgets, and fostering a culture of compliance and ethical behavior, making them a vital part of the executive leadership team.
  • Protects the nonprofit from legal challenges, financial penalties, and reputational damage by proactively addressing compliance issues and legal risks.
  • Acts as a key member of the executive team, providing strategic legal insights that support the organization's long-term objectives and growth.
  • Manages legal expenditures effectively and helps the nonprofit make informed decisions about legal and business strategies.
  • Fosters a strong ethical culture by developing and enforcing policies that promote integrity and accountability.

Position Requirements and Minimum Qualifications:
Licenses, certifications, degrees, and job-related knowledge:
  • A Bachelor's degree in law, business, English, from an accredited college or university.
  • Juris Doctor (J.D.) degree from an accredited law school and a member in good standing with the State Bar of New York with an active license.
  • Minimum of 7 years' experience in a senior management general counsel role.
  • Experience in 501(c)(3) and 501(c)(4) nonprofit law.
  • Service as General Counsel of an NGO [Non-Governmental Organization] is strongly preferred.
  • Demonstrated knowledge and experience in a start-up non-profit environment.
  • Expertise in regulatory compliance, risk management, litigation, and strategic planning.
  • Significant legal experience, including nonprofit governance, government contracting (particularly with social services agencies), and healthcare law, with familiarity with Medicaid.

Job-related skills, including language, mathematical, and reasoning (analytical) skills:
  • Exceptional communication, negotiation, and analytical skills. The ability to work collaboratively with diverse stakeholders and effectively explain complex legal issues to both legal and non-legal audiences.

Intellectual, creative, and/or communication abilities: