First Deputy General Counsel for Litigation and Administration

Job ID: 8877

Business Unit: MTA Headquarters

Location: New York, NY, United States

Regular/Temporary: Regular

Department: Office of the Chief Counsel

Date Posted: Sep 27, 2024

Description

JOB TITLE: First Deputy General Counsel for Litigation and Administration

SALARY RANGE: $225,000 to $245,000

HAY POINTS: 1868

DEPT/DIV: MTA Legal Department

SUPERVISOR: MTA General Counsel

LOCATION: 2 Broadway

HOURS OF WORK: 9:00 am - 5:30 pm (7 1/2 hours/day)

This position is eligible for telework which is currently one day per week. New hires are eligible to apply 30 days after their effective date of hire.

SUMMARY:

The First Deputy General Counsel for Litigation and Administration (First Deputy Litigation & Administration) is a senior member of the MTA Legal Department reporting to the MTA General Counsel. This is a new position that was created to facilitate the delivery of legal services by the MTA Legal Department following the consolidation of five legal departments that previously had existed at the MTA and MTA operating agencies.

The First Deputy Litigation & Administration provides legal counsel and direction regarding matters that pertain to or impact the operations and functions of the MTA, and its affiliates and subsidiaries, and the MTA Legal Department.

Working closely with and in support of the MTA General Counsel, the First Deputy Litigation & Administration is responsible for oversight of the operations of and delivery of legal services by the Commercial Litigation Division, eDiscovery and FOIL Division, Labor and Employment Division, Pension and Employee Benefits Division, General Law Division, and the Transit Adjudication Bureau (TAB), as led by the Deputy General Counsel or Director who heads the division or bureau.

The First Deputy Litigation & Administration has oversight responsibility for the operations of the MTA Legal Department's Administration Division, which provides and coordinates support services to the MTA Legal Department.

The First Deputy Litigation and Administration, together with the relevant Deputy General Counsel, is responsible for keeping the MTA General Counsel, MTA Agency General Counsels, and leaders from across the MTA advised about relevant activity in the First Deputy Litigation & Administration's areas of oversight responsibility.

RESPONSIBILITIES:

The First Deputy Litigation & Administration's oversight responsibilities include:

• Providing legal counsel and direction regarding matters that pertain to or impact the operations and functions of the MTA, and its affiliates and subsidiaries, and the MTA Legal Department.
• Working closely with and in support of the MTA General Counsel, providing oversight of the operations of and delivery of legal services by the Commercial Litigation Division, eDiscovery and FOIL Division, Labor and Employment Division, Pension and Employee Benefits Division, General Law Division, and TAB, as led by the Deputy General Counsel or Director who heads the division or bureau. The oversight responsibility includes providing strategic input on high impact matters. This includes the legal services, among others, that are delivered or supervised by the following Divisions and Bureau:
• Commercial Litigation, which represents the MTA in a wide range of non-Tort matters, including breach of contract claims, procurement-related matters, claims against the MTA Police, Americans with Disabilities Act (ADA) and related litigation, and FOIL litigation, and provides legal counsel on related and other matters.
• E-discovery and FOIL, which responds to more than 4,000 FOIL requests annually and provides legal and technical e-discovery support.
• Pension and Employee Benefits, which provides legal counsel to MTA management regarding state and federal law relating to the MTA's pension plans, the participation of MTA employees in local and state pension plans, and employee benefits matters, and supervises related litigation.
• Labor and Employment, which represents the MTA in labor and employment related litigation and administrative proceedings and provides legal counsel regarding labor and employment matters, including human resources policies and practices, wage and hour regulation, labor relations issues, Railroad Retirement Act and Railroad Unemployment Insurance Act issues, and New York Civil Service Law matters.
• General Law, which represents and advises the MTA regarding a wide range of matters, including ADA claims and litigation, compliance and audit issues involving federal and state regulators, agreements and issues involving other governmental entities (i.e., Amtrak, Connecticut Department of Transportation, and New Jersey Transit), toll-related matters (i.e., cashless tolling, congestion pricing zone tolling, E-ZPass, rates and rebates, legislation, as well as toll collection, enforcement, and judgment collection litigation), and MTA corporate governance issues.
• Transit Adjudication Bureau, which exercises the powers and performs the duties contained in PAL 1209-a, including imposing civil penalties, issuing warnings, adopting rules and regulations, conducting hearings and appeals, enforcing judgments, accepting payments, and collecting fines, as well as implementing changing legislative requirements and MTA initiatives to combat fare evasion.
• Providing assistance, support, and guidance as needed to the Deputy General Counsels and Executive Director with direct responsibility for the operation of the five litigating divisions and TAB to assure the efficient operations of the MTA Legal Department.
• Together with the relevant Deputy General Counsel, keeping the MTA General Counsel, MTA Agency General Counsels, and leaders from across the MTA advised about activity in the First Deputy Litigation & Administration's areas of oversight responsibility, including the status of litigation, legislative and regulatory developments, and other matters, and assisting in prioritizing the timely handling of demands for legal services.
• Oversight of the MTA Legal Department's Administration Division, which provides and coordinates support services to the MTA Legal Department, including vendor payments, claims processing, corporate records management, subpoena compliance, and departmental personnel management, technology support, budget reporting functions.
• Participating in and supporting the development and implementation of special policy and program initiatives to address high level issues in the MTA Legal Department and across the MTA.
• Drafting, reviewing, and providing legal guidance, support, and coordination as needed for legislative proposals, responses to internal and external audits and investigations, financial reports, and MTA board and committee functions such as staff summaries.
• Other duties as assigned.

KNOWLEDGE, SKILLS, AND ABILITIES:

• Strong leadership and management skills, with a record of leading a team of legal professionals and communicating with and advising an organization's senior management.
• Strong communication and interpersonal skills, with the ability to interface effectively with people at all levels of the organization and external parties, including high-level government officials.
• Significant knowledge base and practice skills relating to the various practice areas and responsibilities of this position.
• Demonstrated analytical, quantitative, and project management abilities.

EDUCATION AND EXPERIENCE: REQUIRED

• JD from an accredited law school and licensed to practice law in New York.
• A minimum of twelve (12) years of legal experience, including supervisory and management responsibility.

PREFERRED EXPERIENCE:

• Combination of law firm and in-house experience.
• Public sector legal experience, particularly in New York City or New York State.
• Transportation sector experience.

OTHER INFORMATION:

Pursuant to the New York State Public Officers Law & the MTA Code of Ethics, all employees who hold a policymaking position must file an Annual Statement of Financial Disclosure (FDS) with the NYS Commission on Ethics and Lobbying in Government (the "Commission")

Equal Employment Opportunity

MTA and its subsidiary and affiliated agencies are Equal Opportunity Employers, including with respect to veteran status and individuals with disabilities.

The MTA encourages qualified applicants from diverse backgrounds, experiences, and abilities, including military service members, to apply.