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Review Vacancy

Date Posted 03/04/24

Applications Due03/20/24

Vacancy ID152848


AgencyEnvironmental Conservation, Department of

TitleSenior Attorney / Assistant Attorney 1/2/3- NY HELPS

Occupational CategoryLegal

Salary GradeNS

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

Salary RangeFrom $63108 to $114444 Annually

Employment Type Full-Time

Appointment Type Contingent Permanent

Jurisdictional Class Competitive Class

Travel Percentage 0%

Workweek Mon-Fri

Hours Per Week 37.5


From 8 AM

To 4 PM

Flextime allowed? No

Mandatory overtime? No

Compressed workweek allowed? No

Telecommuting allowed? Yes

County Albany

Street Address 625 Broadway

City Albany


Zip Code12233

Minimum Qualifications Position may be filled at the Senior Attorney level or one within the Legal Traineeship appointment levels. Appointment title will be dependent upon qualifications of candidate selected.

Reassignment - Currently in the title and an employee of DEC Or

Reinstatement Eligible - Previously held the title on a permanent competitive basis or held a title as indicated under the transfer eligible section on a permanent competitive basis

Transfer Eligible - One year of permanent competitive service at Salary Grade 16 or higher and either:

Eligible for transfer under Section 70.4: Must meet the open competitive minimum qualifications below;


Eligible for transfer under Section 52.6: Must have current or prior service in a title designated as 52.6 within two salary grades/one M grade of this position. In addition, 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. If you are not admitted to the NYS Bar within two years of appointment, your appointment will be terminated.


Eligible for transfer under Section 70.1: Permanent competitive service as a Senior Attorney or Senior Attorney Realty.

55b/c candidates must meet the open-competitive minimum qualifications below and include with their resume or application, a copy of the letter from Civil Service which indicates approval for the 55b/c program.

Open competitive minimum qualifications (provided for 55b/c candidates and 70.4 transfer eligibles): graduate of an accredited law school with an LLB or JD degree and/or be eligible to take the NYS Bar examination. If you are not admitted to the NYS Bar within two years of appointment, your appointment will be terminated.

If you are on an examination eligible list for the position title, you do not need to respond to this posting unless you are also eligible for appointment by transfer, reinstatement, or reassignment as defined above. The eligible list will be canvassed as appropriate. Always respond to an eligible list canvass.

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 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.

Duties Description The Senior Attorney should have the ability to work both independently and as part of a diverse, interdisciplinary team.
Working closely with technical staff, under the supervision of an Associate Attorney, the selected candidate will handle a docket of NRD matters at various stages of the NRD process. Tasks will include providing legal advice, preparing and reviewing legal documents, conducting legal research, representing the Department in complex negotiations, and serving as a liaison attorney with the Office of the Attorney General. The Senior Attorney’s docket will include NRD matters throughout the State; occasional travel may be required.
The description of the duties for this position and approximate percentage of time for each duty follows:
30% Legal Advice -Provides legal advice to Departmental programs, Executive staff, and Office of General Counsel management regarding natural resource damages matters:
• Acquires foundation in applicable State and federal laws, rules, and regulations, Departmental policy, common law, and applicable State and federal decisions.
• Meets with Section Chief and other management to discuss legal issues.
• Meets with staff to review facts and desired objectives.
• Identifies potential issues or problem areas and provides recommendations.
• Provides counsel to staff in understanding legal risks, identifying potential issues, and recognizing the potential precedential impact of decisions.
• Reviews and provides comment on program-related guidance, memoranda, policy statements, and other documents.
• Responds to inquiries regarding interpretation of applicable laws and procedures, including regarding the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Oil Pollution Act (OPA), and common law.
• Reviews program-related documents in response to Freedom of Information Law requests or discovery or other information requests.
30% Negotiations -Represents the Department in natural resource damages negotiations.
• Conducts legal and factual research to become familiar with cases and their value as precedent.
• Meets with staff and management to review facts, explore potential areas of settlement, and develop negotiation strategy.
• Consults with principals and Executives regarding the direction of a case, the ability to settle regarding certain issues, potential impacts of settlement, and consistency with other actions.
• Meets with outside parties, including State and federal agencies, potentially responsible parties, and third party stakeholders, to represent the Department's interests.
20% Legal Research and Preparation of Legal Documents - Conducts legal research and prepares legal documents, such as agreements, legal memoranda, and recommendations, on issues related to natural resource damages.
• Conducts legal research on NRD-related issues.
• Assists in the development of program documents to ensure compliance with applicable laws and avoid potential legal problems.
• Draft letters, legal memoranda, and other matter-specific documents to further the Department’s efforts to protect and restore the State's natural resources and environment.
• Assist in the preparation of comments regarding proposed federal regulations, as well as legislation, in order to support the Department's interests.
20% Hearings and Litigation - Represents the Department as liaison attorney with the Office of Attorney General in cases that reach litigation.
• Researches law and facts for each case.
• Prepares documents such as briefing materials for each proceeding, as needed.
• Assists the Office of Attorney General in litigation, including through the preparation of documents, compiling of records, and explanation of programmatic impacts.
• Coordinates Department staff members assigned to a particular case, including in providing input from multiple Departmental program areas, explaining staff’s role in the process, and serving as a primary point of contact to represent the Department.
• Prepares Department staff to serve as witnesses, including in the development of pre-filed testimony as well as direct, and cross-examination.

Additional Comments Telecommuting may be available, will be discussed at interview.

We offer a work-life balance and a generous benefits package, worth 65% of salary, including:

• Holiday & Paid Time Off
• Public Service Loan Forgiveness (PSLF)
• Pension from New York State Employees’ Retirement System
• Shift & Geographic pay differentials
• Affordable Health Care options
• Family dental and vision benefits at no additional cost
• NYS Deferred Compensation plan
• Access to NY 529 and NY ABLE College Savings Programs, and U.S. Savings Bonds
• And many more...

For new State employees appointed to graded positions, the annual salary is the hiring rate (beginning of the Salary Range) of the position. Promotion salaries are calculated by the NYS Office of the State Comptroller in accordance with NYS Civil Service Law, OSC Payroll rules and regulations and negotiated union contracts.

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

Name Megan Miller

Telephone 518-402-9273

Fax 518-402-9038

Email Address


Street 625 Broadway

City Albany

State NY

Zip Code 12233


Notes on ApplyingPlease email/mail your resume to the above. Be sure to include Posting #24-152848(Repost of 23-142370) when applying to this position or your application may not be accepted. Please include a copy of your transcript. Unofficial copy is acceptable.

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