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Review Vacancy

Date Posted 02/26/24

Applications Due03/12/24

Vacancy ID152072


AgencyTransportation, Department of

TitleSenior Attorney/Assistant Attorney 1/Assistant Attorney 2/ Assistant Attorney 3

Occupational CategoryLegal

Salary Grade25

Bargaining UnitPS&T - Professional, Scientific, and Technical (PEF)

Salary RangeFrom $63108 to $114444 Annually

Employment Type Full-Time

Appointment Type Permanent

Jurisdictional Class Competitive Class

Travel Percentage 5%

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 Division of Legal Affairs

50 Wolf Road

City Albany


Zip Code12232

Minimum Qualifications This title is part of the New York Hiring for Emergency Limited Placement Statewide Program (NY
To be considered for a NY HELPS non-competitive appointment or 55 b/c appointment, candidates
must still meet the open-competitive minimum qualifications for this position as follows:

• Assistant Attorney 1: Law school graduation and/or eligibility for NYS Bar Admission

• Assistant Attorney 2: Admission to NYS Bar

• Assistant Attorney 3: 12 months as an Assistant Attorney 2, or Admission to the NYS Bar and 12
months of subsequent satisfactory legal experience

• Senior Attorney: 12 months as an Assistant Attorney 3, or Admission to the NYS Bar and 24 months
of subsequent satisfactory legal experience
This position may be filled as a traineeship at the Assistant Attorney 1, 2 or 3 levels.
appointed at the trainee level will be required to successfully complete the traineeship to advance to
the journey level title and salary.

If appointed as an Assistant Attorney 1, you will be automatically advanced to the Assistant Attorney 2
upon admission to the New York State Bar. If you are not admitted to the New York State Bar within two years of appointment, your appointment will be terminated.

Candidates may also be qualified for permanent competitive appointment if reachable from the
appropriate Civil Service eligible list or eligible for reassignment or transfer in accordance with Civil
Service Law.

Duties Description 1. Conduct legal research and advisory opinions in support of complex environmental issues associated
with the capital program or NYSDOT property ownership. Develop and share expertise with key
statutes such as, Section 404 of Clean Water Act, the New York State Environmental Quality Review Act
(SEQRA), National Environmental Policy Act (NEPA), the Clean Air Act, State Pollutant Discharge
Elimination System (SPDES), as well as and other federal and state permitting requirements.
2. Provide advice on the acquisition of real estate in a timely manner for transportation projects through
the eminent domain process, as well as the management and disposal of transportation property. Handle
legal issues related to requests for use of the state Right-of-Way, including, but not limited to emerging
and rapidly expanding technology such as cell-towers, small-cell, broadband; solar panels, wind power,
electric vehicle charging; and new utility corridors. Assist with Highway Beautification Act compliance
3. Provide close litigation support to the Office of the Attorney General, who handles Tort, Real Property,
and other litigation on behalf of the Department.
4. Research and analyze legal issues, statutes, case law, opinions, briefs, and other material for use in
preparation of recommendations and memoranda of law, contracts, agreements, and legislation.
Respond, both orally and in writing, to requests for legal decisions and opinions.
4. Interpret pertinent laws, rules, regulations, procedures, etc. for compliance and enforcement issues.
5. Provide general legal advice and assistance to Department personnel and others as may be necessary
in connection with the activities and services provided by the Department.
6. Negotiate, prepare and review various legal documents, including but not limited to, contracts,
agreements and leases. Meet with those concerned to obtain information, answer questions and resolve problems.

A day in the Department’s Office of Legal Services is fast-paced, diverse, and rewarding. The Office of
Legal Services has significant involvement in all aspects of the agency. The Department’s attorneys
represent and advise on matters concerning, but not limited to: the project development process,
compliance with environmental laws, procurement law including vendor responsibility, construction law
including project labor agreements (PLAs) and dispute resolution; contract drafting and negotiation;
litigation against the Department, right of way management and property acquisition, notices of violations
(NOVs) for passenger and freight transportation; consultation with and contracting with Railroads,
municipalities, public transportation agencies; as well as Freedom of Information Law (FOIL), tax exempt
bond issuances, employment, ethics, Aviation, traffic safety, legislation, audits, grants, and State and
Federal regulatory compliance.
As part of the legal team, you will actively contribute to serving the Department’s mission, to ensure our
customers - those who live, work and travel in New York State - have a safe, reliable, equitable, and
resilient transportation system that connects communities, enhances quality of life, and supports the
economic well-being of New York State.

Responsibilities may include serving a role within the Incident Command System to support the department’s response to regional and statewide emergency situations.

Additional Comments *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 this time, agencies may recruit and hire employees by making
temporary appointments. In May 2024, if a temporary NY HELPS employee is satisfactorily performing
in the position, the appointment will be changed from temporary pending Civil Service Commission
Action to permanent non-competitive and the official probationary period will begin.
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 with all of 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.

Pursuant to Executive Order 161, no State entity, as defined by the Executive Order, is permitted to ask, or mandate, in any form, that an applicant for employment provide his or her current compensation, or any prior compensation history, until such time as the applicant is extended a conditional offer of employment with compensation. If such information has been requested from you before such time, please contact the Office of Employee Relations at (518) 474-6988 or via email at

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

Name Wendy Gill



Email Address


Street NYS Dept. of Transportation, Personnel Bureau

50 Wolf Road

City Albany

State NY

Zip Code 12232


Notes on ApplyingQualified candidates should submit a letter of interest and a current resume, titled by last name, with the Notice Number MO-24-061 and last name in the subject line and referenced in the letter of interest no later than March 12, 2024.

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