Description:
The Legal Process and Records Access Unit (LPRAU) of the Employment Law Division handles all incoming requests for DSS/HRA/DHS agency records. This includes providing policy statements and legal responses, quashing subpoenas that seek records that are not subject to release, responding to Freedom of Information Law (FOIL) requests pursuant to the NYS Public Officers Law, defending any appeals challenged through New York Civil Practice Law and Rule (CPLR) Article 78 proceedings, and responding to client case requests pursuant to agency policy or procedures. The LPRAU is also responsible for tracking incoming requests and maintaining files according to city and state records retention requirements; retrieving requested records directly from the various administrative and program areas; determining whether records may be released under applicable federal, state, and local laws; providing records subject to release; intake and tracking of legal papers served on the agency to ensure all papers are properly routed to the appropriate division within the Office of Legal Affairs and handled in a timely fashion.The
Office of the General Counsel/Office of Legal Affairs is recruiting to
fill one Agency Attorney III position, to function as an Attorney III in
the LPRAU. Under direction of the Associate General Counsel with wide
latitude for independent judgment and un-reviewed action and decision,
the Senior Attorney shall perform legal work, including the following:
- The Legal Process and Records Access Unit (LPRAU) is recruiting (1) one Agency Attorney III who will:
- Review Freedom of Information Law (FOIL) requests from outside requestors to determine availability of responsive materials and assist in reviewing, in conjunction with more senior attorney staff, whether documents may be released pursuant to statute.
- Review requests for records not under the FOIL statute including client requests, court subpoenas, letters from advocates, media, and other requestors to determine availability of materials, and legal adequacy of subpoenas, releases, and court orders in consultation with supervisors and management staff.
- Provide guidance on whether release of materials are consistent with applicable laws and rules, making legal determinations on initiating legal actions including motions to quash, withholding materials pursuit to confidentiality status, and other privacy laws and rules on behalf of the New York City Department of Social Services (DSS) / the New York City Human Resources Administration (HRA) / the New York City Department of Homeless Services (DHS).
- Handle New York Civil Practice Law and Rule (CPLR) Article 78 proceedings in FOIL litigation and motions to quash subpoenas and handles counseling questions including appearing in court proceedings, drafting pleadings, stipulations, and memoranda;
- Conduct legal research on privacy and the FOIL statute and prepare relevant memoranda for consideration by Agency managers.
- Provide legal counseling and legal assistance to all agency program areas and departments within DSS/HRA/DHS by researching legal questions; interpret the intent/legal ramifications of, agreements, laws, rules and regulations related to the delivery of services. May supervise the work of subordinate attorney and support staff in preparing legal responses.
- Draft and review legal documents and prepare complex legal opinions on matters of significant importance to the City of New York.: pleadings, motions, agreements, contracts or statements to obtain court agreements, stipulations or judgments, including but not limited to: objections, rebuttals, and affidavits in order to obtain successful outcomes for Agency litigation; prepare legal memoranda and advisory opinions as requested.
- Represent the Commissioner in judicial proceedings: motions before the courts, trials and/or hearings, petitions, appeals, etc. to pursue or avert further litigation; negotiate on behalf of the Agency in order to obtain contracts, settlements or judgments.
- Conduct legal discovery to obtain evidence and research more sophisticated legal issues by reviewing statutes, case law, regulations and other legal material to formulate legal arguments and strategy in furtherance of the Agency's position.
- Provide guidance to other attorney staff members and support staff, including staff training on policy, practices and new procedures; review case files, recommending follow up action, and assuming full responsibility in absence of supervisor.
- Perform other related tasks.
Minimum Qualifications:
- Admission to the New York State Bar; and either "2" or "3" below.
- One year of satisfactory United States legal experience subsequent to admission to any state bar; or
- Six months of satisfactory service as an Agency Attorney Interne (30086).
Incumbents must remain Members of the New York State Bar in good standing for the duration of this employment.
In addition to meeting the minimum Qualification Requirements:
To
be assigned to Assignment Level (AL) II, candidates must have one year
of experience at Assignment Level I or two years of comparable legal
experience subsequent to admission to the bar, in the areas of law
related to the assignment. To be assigned to AL III candidates must have
two years of experience in Assignment Levels I and/or II or three years
of comparable legal experience subsequent to admission to the bar, in
the areas of law related to the assignment.Preferred Skills:
Strong
oral argument and written advocacy skills. - Knowledge of employment
law. - Ability to articulate the law and advocate on behalf of the
Agency. - Superior legal research, writing ability, and time management
discipline.
Public Service Loan Forgiveness
As
a prospective employee of the City of New York, you may be eligible for
federal loan forgiveness programs and state repayment assistance
programs. For more information, please visit the U.S. Department of
Education's website at https://studentaid.gov/pslf/Residency Requirement:
New York City Residency is not required for this position
