First Deputy General Counsel for Transactions

Job ID: 8878

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 Transactions

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 Transactions (First Deputy Transactions) is a senior member of the consolidated 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 had previously existed at the MTA and MTA operating agencies.

The First Deputy Transactions 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 Transactions is responsible for oversight of the operations of and delivery of legal services by the Condemnation Division, Environmental Division, Finance Division, Procurement and Contracts Division, Real Estate Development Division, Real Estate Transactions and Operations Division, and Special Projects Division, as led by the Deputy General Counsel who heads the division.

The First Deputy Transactions provides assistance, support, and guidance as needed to the Deputy General Counsels with direct responsibility for the operation of the seven transactional divisions to assure the efficient operations of the MTA Legal Department.

The First Deputy Transactions, 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 Transaction's areas of oversight responsibility.

RESPONSIBILITIES:

The First Deputy Transactions' 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 the delivery of legal services by the Condemnation, Environmental, Finance, Procurement and Contracts, Real Estate Development, Real Estate Transactions and Operations, and Special Projects Divisions, as led by the Deputy General Counsel who heads the division. The oversight responsibility includes providing strategic input on high impact matters. This includes the legal services, among others, that are delivered by the following Divisions.
• Condemnation, which oversees all phases of MTA's eminent domain activity (including drafting documents, holding hearings, negotiating property acquisitions, selection and oversight of appraisers and experts, and representing MTA in all phases of related litigation) and provides legal counsel on all matters related to condemnation (including regulations regarding federally funded projects, property acquisition and delivery, and valuation strategy.)
• Environmental, which handles full range of environment law matters, including counseling, compliance, permitting, impact analysis and reviews, historic preservation regulation, drafting and negotiating environmental provisions in real estate and commercial transactions, and representing the MTA and its operating agencies in federal, state, and local administrative and court proceedings.
• Finance, which provides legal counsel and manages legal matters relating to the MTA's debt financings, debt portfolio management, securities law obligations, state contributions to MTA capital plans, federal loan financings, tax-advantaged asset leases, public private partnership (P3), accounting related reporting, derivatives, and insurance related securities transactions.
• Procurement and Contracts, which provides legal counsel and support to the MTA and its operating agencies regarding non-construction procurement and contract matters (including procurement strategy, federal, state, and local laws, rules, and regulations relating procurements, and cyber security issues) and advises on, negotiates, and drafts scopes of work, requests for proposals, and contract terms and conditions, including rolling stock contracts.
• Real Estate Development, which provides legal counsel and support to the MTA and its operating agencies regarding real estate development related matters (including transfers of development rights, infrastructure and facility expansions, property sales, ground leases, construction access licenses, and easements) and represents the MTA in real estate development matters and transit improvements (including reviewing, negotiating, and drafting development related contracts and documents.)
• Real Estate Transactions and Operations, which provides legal counsel and support to MTA and its operating agencies regarding MTA's real estate property and facilities, including its lease portfolio, and complex real estate related negotiations (including matters related to tenant management, landlord-tenant enforcement, property interest acquisitions and dispositions, and real estate operational needs) and negotiates and drafts real estate related documents (including leases, licenses, easement agreements, and interagency agreements and memoranda of understanding.)
• Special Projects, which provides legal counsel and support to MTA and its operating agencies regarding complex matters and transactions (including mega developments and overbuilds, transportation projects, construction contracts, real estate agreements, utility licenses, special event agreements, intellectual property agreements, data sharing agreements, revenue and payment agreements, indemnification agreements, and confidentiality agreements), negotiates and drafts related agreements, and handles related disputes, claims, audits, and litigation.
• Providing assistance, support, and guidance as needed to the Deputy General Counsels with direct responsibility for the operation of the seven transactional divisions 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 Transactions' areas of oversight responsibility, including the status of projects, requests for legal review, legislative and regulatory developments, and other matters, and assisting in prioritizing the timely handling of demand for legal services.
• 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.