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Review Vacancy

Date Posted 09/09/21

Applications Due09/21/21

Vacancy ID91027

AgencyPublic Service, Department of

TitleAssistant Counsel, NS=M5

Occupational CategoryLegal

Salary GradeNS

Bargaining UnitM/C - Management / Confidential (Unrepresented)

Salary RangeFrom $124534 to $157338 Annually

Employment Type Full-Time

Appointment Type Permanent

Jurisdictional Class Exempt Class

Travel Percentage 15%

Workweek Mon-Fri

Hours Per Week 37.5


From 9 AM

To 5 PM

Flextime allowed? No

Mandatory overtime? No

Compressed workweek allowed? Yes

Telecommuting allowed? Yes

County Albany

Street Address 3 Empire State Plaza

City Albany


Zip Code12223

Minimum Qualifications Candidates must have multi-year experience working in, or interacting with, government agencies in a litigation and/or enforcement context, including in administrative hearing and/or judicial forums. Specifically, they must possess a law degree and seven years of experience in government investigations, litigation, or administrative hearings, where they analyzed legal issues, and researched and interpreted complex areas of regulatory or statutory law. Clear and effective written and oral communication skills are essential requirements. Candidates should have a knowledge of Public Service Law and experience in utility regulation, and experience managing legal and/or technical staff. Additional experience in regulatory law, economics, engineering, accounting, consumer protection, or judicial clerkships can strengthen an application. Must be admitted to the New York State Bar.

Duties Description DPS is seeking to hire two Assistant Counsels, at the NS=M5 level, functioning within the Office of General Counsel: one Assistant Counsel would act as the Deputy Solicitor; and the other Assistant Counsel would act as the Managing Attorney in the Office of Investigations and Enforcement (OIE). Each would be responsible for supervising a team of lawyers who specialize in the litigation, investigation, or enforcement on behalf of the Commission concerning energy, water, telecommunications, and other matters under the New York State Public Service Law or related statutes. Depending on the position, these responsibilities require effective written and oral advocacy before state and federal courts as well as initiating, conducting, and supervising, high-profile investigations and enforcement actions in the energy, telecommunications, and/or water utility sectors. The candidates would perform these duties and supervise other attorneys that perform, litigation, investigation, and/or enforcement activities, including, but not limited to, the following:
• Representing the Commission in litigation cases before state and federal trial and appellate courts.
• Analyzing potential violations of Public Service Law, related statutes, regulations, or commission orders and making recommendations to the Director related to commencing investigations and/or enforcement actions.
• Conducting research and preparing memoranda on legal issues. Advising and updating the functional Department leaders on their related investigations and cases.
• Taking charge of staff preparation and presentations in all assigned Commission proceedings set for hearings, negotiations, and alternative dispute resolution. Analyzing issues, studying the law and, when appropriate, preparing cross-examination of witnesses in all types of proceedings conducted by and before the Commission, ranging from the simple and routine to the extensive and complicated proceedings. When requested by the OIE Director, initiate and pursue enforcement actions before New York courts.
• Drafting orders to carry out all recommendations submitted to and directives promulgated by the Commission.
• Processing, analyzing, and reporting to the Commission on applications for rehearing or reconsideration of its determinations. Researching and interpreting complex areas of regulatory law, Commission decisions and business as well as economic policies.
• Appearing for and on behalf of the Commission and the People of the State of New York (utility consumers) in administrative proceedings concerning electric, natural gas, and telephone matters, before various state and federal regulatory agencies.
• Working on a variety of Department compliance matters, audits, reviews, and initiatives, at the request of the OIE Director or Solicitor.

Additional Comments Salary will be commensurate with experience. The primary location for this position is Albany, NY with up to 15% travel. This is an appointment to a position in the exempt jurisdictional class. As such, the incumbent of this position would serve at the pleasure of the appointing authority. Appointment to this position is contingent upon Division of Budget approval.
The Department of Public Service is committed to equal employment opportunity regardless of race, color, ancestry, religion, sex, national origin, sexual orientation, age, citizenship, marital status, disability, gender identity, or Veteran status. We also consider qualified applicants regardless of criminal histories, consistent with legal requirements. If you have a disability or special need that requires accommodation, please let us know by contacting the Designee for Reasonable Accommodations (DRA) and Americans with Disabilities Act Coordinator which can be found under the Accessibility Link on this page, on the Department’s webpage at

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

Name Kellie Pape

Telephone (518) 473-9463

Fax (518) 473-9990

Email Address


Street 3 Empire State Plaza

City Albany

State NY

Zip Code 12223


Notes on ApplyingPlease send a resume and cover letter to or fax to Human Resources Management at (518)473-9990. Please reference “Assistant Counsel, posting 06001” when applying.

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