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Review Vacancy

Date Posted 07/29/22

Applications Due08/26/22

Vacancy ID109489

AgencyMental Health, Office of

TitleAssistant Counsel, Central Office;

Occupational CategoryLegal

Salary GradeNS

Bargaining UnitM/C - Management / Confidential (Unrepresented)

Salary RangeFrom $85712 to $108342 Annually

Employment Type Full-Time

Appointment Type Permanent

Jurisdictional Class Exempt Class

Travel Percentage 0%

Workweek Mon-Fri

Hours Per Week 37.5


From 9 AM

To 5 PM

Flextime allowed? No

Mandatory overtime? No

Compressed workweek allowed? No

Telecommuting allowed? Yes

County Albany

Street Address NYS Office of Mental Health

44 Holland Avenue

City Albany


Zip Code12229

Minimum Qualifications This position is in the exempt jurisdictional class; therefore, there are no minimum qualifications. However, in order to be successful, candidates must be a member of the bar and licensed to practice in New York State for a minimum of two (2) years. Preferred candidates will have substantial experience in mental health care law, employment law, and/or in individual or class action litigation. Demonstrated superior legal research and writing abilities and attention to detail is preferred.

This is an exempt position; appointees serve at the pleasure of the appointing authority.

All OMH Central Office employees who are vaccinated for COVID-19 must show proof of vaccination. Fully vaccinated means that two (2) or more weeks have elapsed since receiving either the second dose in a two-dose COVID-19 vaccination series (e.g., Pfizer-BioNTech or Moderna) or the first and only dose of a single-dose vaccine (e.g., Johnson & Johnson [J&J]/Janssen). Those not vaccinated must indicate this. Vaccination is required for many OMH positions but not all. Those not vaccinated for COVID-19 are ineligible for appointment to positions that require vaccination.

Duties Description The New York State Office of Mental Health (OMH) is seeking a qualified candidate for the exempt position of Assistant Counsel, NS, in the Office of Counsel, Bureau of Litigation. The Bureau of Litigation provides support and legal advice on general litigation issues and provides legal advice and support to counsel, executive staff, and agency personnel to resolve ongoing litigation and minimize potential litigation exposure. Specific duties to be performed may include, but are not limited to, the following:

Represent the agency in administrative proceedings, such as Division of Human Rights (DHR) and Equal Employment Opportunity Commission (EEOC) matters.

Provide advice and support to the Bureau of Employee Relations and to OMH’s Office of Special Investigations

Liaise with the Office of Employee Relations (OER), OMH facilities and senior staff on employee discrimination complaints.

Serve as liaison with the Attorney General’s Office for OMH-related litigation, assist in assembling discovery materials, preparing witnesses, and drafting memoranda, affidavits and other legal papers. Prepare and present agency positions and arguments and assist in the development of litigation strategy, and the development of court briefs and memoranda, engage in the preparation of witnesses.

Supervise and/or implement e-discovery holds and searches and liaison with ITS on e-discovery issues.

Liaise with counsel from other State Agencies on issues of concern to OMH and mediate, negotiate and settle legal issues of concern to OMH.

Seek court orders for the release of records for use in employee arbitrations and handle assigned employment-related issues as needed.

Advise on issues related to court applications for medication orders, article 9 retentions, and forensic court applications as well as article 9 and forensic court orders.

Provide advice and guidance on confidentiality and care and treatment issues governed by the Mental Hygiene Law and federal and state regulations.

Prepare detailed, accurate, and convincing legal memoranda with appropriate citations in support of actions taken by program administrators.

Review, advise on and respond to subpoenas.

Advise policy makers and program administrators concerning the legality of their actions or determinations, and suggest changes to ensure conformance with legal requirements, and recommend changes in agency rules, regulation, or policy statements to accommodate new legislation and court decisions.

Serve as a liaison with Counsel from other State agencies and mediate, negotiate, or settle legal issues of concern to OMH.

Perform other tasks as assigned by the General Counsel and the Deputy Counsel for Litigation as needed.

Additional Comments Telecommuting availability for this position will be discussed during the interview process. Please note, employees are required to apply and obtain approval through management to telecommute according to operational needs and Agency Telecommuting Program Guidelines.

The Mission of the New York State Office of Mental Health (OMH) is to promote the mental health of all New Yorkers, with a focus on providing hope and supporting recovery for adults with serious mental illness and children with serious emotional disturbances. Applicants with lived mental health experience are encouraged to apply. OMH is deeply committed to supporting underserved individuals, organizations and communities. To this end, OMH is focused on implementing activities and initiatives to reduce disparities in access, quality, and treatment outcomes for underserved populations. A critical component of these efforts is ensuring OMH is a diverse and inclusive workplace where the unique attributes and skills of all employees are valued and utilized to support the mission of the Agency. OMH is an equal opportunity/affirmative action employer.

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

Name Nicole Landry


Fax (518) 486-3897



Street NYS Office of Mental Health

44 Holland Avenue

City Albany

State NY

Zip Code 12229


Notes on ApplyingTo be considered, interested candidates should email a cover letter and resume as an attachment in Microsoft Word or PDF format to Please include the title of the position and Vacancy ID #109489 in the subject line of your email when applying.

You are advised that, should you accept a job offer with the Office of Mental Health, you may be required to be fingerprinted and pay a fingerprint fee.

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