Position Information

NY HELPYes

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 $65001 to $117875 Annually

Employment Type Full-Time

Appointment Type Contingent Permanent

Jurisdictional Class Competitive Class

Travel Percentage 0%

Schedule

Workweek Mon-Fri

Hours Per Week 37.5

Workday

From 9 AM

To 5 PM

Flextime allowed? No

Mandatory overtime? No

Compressed workweek allowed? No

Telecommuting allowed? Yes

Location

County Schenectady

Street Address 1130 N. Westcott Rd

City Schenectady

StateNY

Zip Code12306

Job Specifics

Duties Description The Senior Attorney position involves a wide range of legal responsibilities encompassing a variety of program and Department issues. The successful candidate will handle cases involving water, air, solid waste and hazardous substances, mining, pesticides, petroleum and chemical bulk storage/spills, freshwater wetlands, stream protection and state land.

Negotiations: Represents the Department in negotiations with regard to enforcement and permit proceedings.

•Conducts legal and factual research to become familiar with cases and their value as precedent;
•Meets with regional staff and program attorney to review cases and explore negotiation strategies;
•Develops negotiation strategy in consultation with Regional Attorney and regional staff;
•Meets with outside parties and represents the Department in negotiations.

Legal Advice: Provides legal advice on program-related matters to regional staff as required.

•Acquires foundation in applicable laws, rules and regulations; Declaratory Rulings; Department policy and Division policy;
•Gathers background information to determine pertinent facts;
•Meets with Regional Attorney and regional program enforcement staff to review tentative conclusions;
•Identifies legal issues and prepares legal advice based on Environmental Conservation Law and DEC regulations;
•In consultation with Regional Attorney, develops enforcement cases from initial strategy through disposition;
•Provides legal counsel to regional staff, particularly assisting staff in understanding regulatory requirements specific to their programs ;
•Reviews and provides comments on program-related guidance memoranda, policy statements, consent orders, etc.;
•Stays current on legal and policy updates and changes;
•Review of program-related files which are the subject of Freedom of Information Law (FOIL) requests.

Preparation of Legal Documents: Prepares and reviews Consent Orders, pleadings, motions, affidavits, briefs, Brownfield Cleanup Agreements, environmental easements, summary abatement orders, subpoenas, search warrants, and other enforcement papers and legal documents.

•Gains knowledge of legal requirements of such documents;
•Reviews and evaluates existing documents;
•Meets with appropriate regional staff to gather specific information as required and prepares final documents.

Hearings and Litigation: Represents the Department in administrative enforcement proceedings and permit hearings, and enforcement-related litigation.

•Researches law and facts for each case and prepares documents for proceedings;
•Prepares for direct and cross-examination of witnesses;
•Represents and advocates for the Department at hearings;
•Maintains liaison status on referrals through final resolution;
•Prepares status reports for General Counsel and Regional Attorney and appropriate regional staff.

Legal Research: Conducts legal research on legal issues related to environmental programs.

•Reads and analyzes all pertinent laws, regulations, cases, Attorney General Opinions, Declaratory Rulings and other relevant authorities;
•Presents findings orally or in writing to Regional Attorney and appropriate regional staff, maintains research files;
•Prepares memoranda of law as required, incorporates research into work product and makes research available to others.

Contact with Public:

•Maintains oral and written contact with the public in general concerning agency data, interpretations and positions;
•Prepares materials and makes presentations as representative of the Department as required.

Minimum Qualifications 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 may be 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 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.

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

OR

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;

Or
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.

OR
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, 70.4 transfer eligibles, and NYHELPS candidates): 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.

In addition, open competitive candidates are required to have the selective criteria that is listed within the duties description.

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.

Additional Comments Must have a valid driver’s license or demonstrate the ability to meet the transportation needs of the position.
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.

DEC is an Equal Opportunity Employer.

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

Contact Information

Name Megan Miller

Telephone 518-402-9273

Fax 518-402-9038

Email Address PostingResponses@dec.ny.gov

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 Vacancy #25-178725 when applying to this position or your application may not be accepted. Please include a copy of your transcript. Unofficial copy is acceptable.