Senior Attorney, SG - 25 (NY HELPS) Vacancy ID # 168612

NYHELPS:
This title is part of the New York Hiring for Emergency Limited Placement Statewide Program (NY HELPS).

For the duration of the NY HELPS Program, this title maybe filled via a non-competitive appointment, which means no examination is required but all candidates must meet the minimum qualifications of the title for which they apply.

At a future date (within one year of permanent appointment), it is expected employees hired under NY HELPS will have their non-competitive employment status converted to competitive status, without having to compete in an examination. Employees will then be afforded all the same rights and privileges of competitive class employees of New York State. While serving permanently in a NY HELPS title, employees may take part in any promotion examination for which they are qualified.

NON-COMPETITIVE MINIMUM QUALIFICATIONS:
Admission to the NYS bar and two years of post-licensure professional legal experience.

COMPETITIVE MINIMUM QUALIFICATIONS:
Permanent service in this title or one year of permanent competitive or 55-b/c service in a qualifying title and otherwise eligible for transfer under Civil Service Law.

A list of titles approved for transfer is available through Civil Service GOT-IT at https://careermobilityoffice.cs.ny.gov/cmo/gotit/.

Please note**
Some titles eligible for transfer require special qualifications, if applicable the special qualifications are: you must be a graduate of an accredited law school with an LLB or JD degree and/or be eligible to take the New York State Bar examination.

55 B/C APPOINTMENT:

This position is eligible for 55b/c designation and candidates with 55b/c eligibility are encouraged to apply. Candidates must meet any open competitive minimum qualifications and must submit their current 55b/c eligibility letter along with their application.

If a degree and/or credit hours are listed, please forward your transcripts with your resume and cover letter.

It is essential that candidates clearly and concisely indicate exactly how they meet the above minimum qualifications in their resume. Failure to show how you meet the minimum qualifications above may result in disqualification and removal from consideration.

Duties Description DUTIES:
The Department of State Office of General Counsel is seeking candidates for multiple positions of Senior Attorney. The Senior Attorneys will be assigned to perform legal tasks in one of three categories: 1) Research/Writing; 2) Administrative Hearings; or 3) providing legal advice and strategy to program. These tasks will be performed to provide legal services to DOS' diverse portfolio of Divisions and programs, which include: the Division of Licensing Services, Local Government Services, Corporations, Administrative Rules, Community Services, Cemeteries and Fiscal Management. All Senior Attorneys may be assigned to other legal tasks depending on the needs of the divisions and programs within DOS and at the discretion of the General Counsel.

Duties include but are not limited to, the following:

Research/Writing:
• Provide and analyze legal opinions, briefs, and other materials.
• Perform legal research and analysis.
• Prepare legal briefs and memoranda of law.
• Review, analyze and draft responses to FOIL appeals.
• Review, analyze and draft decisions on licensing appeals.

Administrative Hearings:
• Review of legal and factual issues to determine whether there is substantial evidence of a violation of laws, rules, regulations, or disciplinary standards.
• Coordinate with investigators and other parties to identify significant issues and to secure all appropriate evidence.
• Conduct sufficient discovery to confirm merits of allegations and identify and assess merit of defenses.
• Draft consent orders.
• Negotiate with respondents to resolve cases through consent orders or surrenders.
• Draft administrative hearing complaints in a concise and legally supportable manner
• Prepare all required trial briefs or other legal memoranda necessary for full and fair resolution of issues.
• Prepare investigators and other witnesses for direct and cross examination.
• Review of the proposed presentation strategy with complainant, supervisors and program staff and obtain input.
• Conduct disciplinary hearings involving licenses and applicants for licenses for the occupations licensed by DOS which include: real estate brokers and salespersons, real estate appraisers and appraiser's assistants, private investigation companies, security guards, notaries public, security and fire alarm installers, barbers, cosmetologists, estheticians, nail specialists, manufacturers, sellers of bedding, natural hair stylists, waxing practitioners, armored car carriers and armored car guards.
• Conduct enforcement hearings for the Oversight, Manufactured Homes and Modular Units within the Division of Building Standards and Codes.
• Conduct enforcement hearings for the Division of Cemeteries.
• Provide management with systematic status closeout and disposition information on caseload.
• Assist the Office of the Attorney General with preparing pleadings for litigation involving disciplinary and enforcement hearings.

Advise/strategize with program:
• Render "in house counsel" advice, technical assistance and guidance to the supervisor, General Counsel, Executive Office, program managers, staff and the public on a range of topics including but not limited to New York State's business entity laws, Not-for-Profit Corporation Law, New York State Open Meetings Law, municipal law, land use planning and zoning law, municipal home rule authority, environmental law, water law, election law, historic preservation, municipal finance and telecommunications, and agency rulemakings.
• Assist program staff in drafting legislation, regulation and polices.
• Assist program staff in responding to FOIL requests.
• Assist program staff in developing training materials and publications for use by the public.
• Assist the Office of the Attorney General with preparing pleadings for litigation involving DOS.
• Attending meetings of public bodies within DOS and assist in responding to any legal questions that arise at such meetings.
• Conduct legal review of applications submitted to DOS for licensing, cemeteries, and coastal development.
• Draft or review contracts.

Additional Comments NOTE ON TELECOMMUTING: The Department of State employees may be approved for a maximum of 50% telecommuting, however, they are required to apply and obtain approval through management in accordance with The Department of State Telecommuting Program Guidelines.

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

Name Deirdre Kelly

Telephone 518-474-2752

Fax 518-402-3656

Email Address hrm.recruitment@dos.ny.gov

Address

Street 99 Washington Ave

Suite 1150

City Albany

State NY

Zip Code 12231

Notes on Applying If you are interested and meet the minimum qualifications above, email your cover letter, resume, and New York State Part 1 Application (https://dos.ny.gov/employment-opportunities) to HRM.Recruitment@dos.ny.gov. Please include Title, Location and Vacancy ID # you are applying for in the subject line of your email.