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Review Vacancy

Date Posted 03/08/24

Applications Due03/29/24

Vacancy ID153358

NY HELPNo

AgencyEducation Department, State

TitleSenior Attorney, Assistant Attorney 1 (NY HELPS), Box ACS-3027/16561

Occupational CategoryLegal

Salary Grade25

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

Salary RangeFrom $90806 to $114444 Annually

Employment Type Full-Time

Appointment Type Permanent

Jurisdictional Class Competitive Class

Travel Percentage 10%

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

County Albany

Street Address Office of Education Policy

Bureau of Proprietary School Supervision

City Albany

StateNY

Zip Code12234

Minimum Qualifications MINIMUM QUALIFICATIONS:

NY HELPS
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.

NON-COMPETITIVE MINIMUM QUALIFICATIONS:

To be considered for appointment through NY HELPS, or 55 b/c, candidates must meet the open-competitive minimum qualifications for this position. The qualifications are:

• Assistant Attorney 1: Law School graduation AND/OR eligibility for NYS Bar Admission*

• Assistant Attorney 2: Admission to NYS Bar

• Assistant Attorney 3: Admission to NYS Bar AND possess 12 months of subsequent satisfactory Legal experience.

• Senior Attorney: Possess a Juris Doctorate degree AND NYS Bar Admission AND possess at least 24 months of subsequent satisfactory Legal experience.

COMPETITIVE MINIMUM QUALIFICATIONS:

Reassignment: Candidates must have one year of permanent competitive or 55b/c service as a Senior Attorney.

Eligible List Appointment: Candidates must be reachable on the Civil Service eligible list for this title. If you are on the Civil Service eligible list for this title, you may receive a canvass letter. You must complete and return it as instructed on the letter.

Information about this examination for this title series can be found at: https://www.cs.ny.gov/legal-specialties/index.cfm

Section 70.1 Transfer: Candidates must have one year of permanent competitive or 55b/c service in any of the following titles: Senior Attorney (Realty).

Section 52.6 Transfer: Candidates must have one year of permanent competitive or 55b/c service in a title allocated SG-23 or higher eligible to transfer under Section 52.6 of the Civil Service Law. Candidates must also possess a Juris Doctorate degree AND be admitted to the Bar to practice law in New York State or in a state with Bar reciprocity to qualify for transfer.

For information regarding the transfer options of your current title, please visit the Civil Service Career Mobility Office Website. https://careermobilityoffice.cs.ny.gov/cmo/gotit/title-search/index.cfm

55b/c Appointment to Assistant Attorney 1: This position is eligible for 55b/c designation and is subject to verification of applicant eligibility. Candidates must possess a current 55b/c eligibility letter and the following minimum qualifications:
• Law School graduation AND/OR eligibility for NYS Bar Admission*

55b/c Appointment to Assistant Attorney 2: This position is eligible for 55b/c designation and is subject to verification of applicant eligibility. Candidates must possess a current 55b/c eligibility letter and the following minimum qualifications:
• Admission to NYS Bar

55b/c Appointment to Assistant Attorney 3: This position is eligible for 55b/c designation and is subject to verification of applicant eligibility. Candidates must possess a current 55b/c eligibility letter and the following minimum qualifications:
• Admission to NYS Bar AND 12 months of subsequent satisfactory Legal experience.

55b/c Appointment to Senior Attorney: This position is eligible for 55b/c designation and is subject to verification of applicant eligibility. Candidates must possess a current 55b/c eligibility letter and ALL of the following minimum qualifications:
• Possess a Juris Doctorate degree AND NYS Bar Admission AND possess at least 24 months of subsequent satisfactory Legal experience.

*If you are not admitted to the New York State Bar within two years of appointment, your appointment will be terminated.

It is essential that candidates clearly and concisely indicate exactly how they meet the above minimum qualifications in their resume. Failure to show how you meet the minimum qualifications above may result in disqualification and removal from consideration.

Duties Description The New York State Education Department’s Office of Adult Career and Continuing Educational Services (ACCES) is seeking candidates to fill a Senior Attorney position in the Bureau of Proprietary School Supervision (BPSS) Albany Office. BPSS is responsible for protecting the educational and financial interests of students. BPSS supervises approximately 300 licensed private career schools and post-secondary non-degree schools for adults. BPSS is also responsible for ensuring that the schools maintain compliance with Education Law and the Commissioner's Regulations. The incumbent of this position will work collaboratively with the Office of Counsel in carrying out the duties of the position. Duties of this position include the following:

• Act as counsel for BPSS, advising the Bureau Director on legal issues impacting BPSS;
• Review investigative reports to determine what action should be taken in response to violations;
• Draft letter agreements as means to informally resolve school violations;
• Negotiate terms of letter agreements to finalize disciplinary action;
• Prepare Orders to Show Cause and Bills of Particulars for Commissioner’s signature for formal disciplinary action;
• Provide background information to Attorney General’s Office in connection with Article 78 actions;
• Represent BPSS in administrative hearings;
• Review cases and prepare witnesses for hearing testimony, including investigators, staff, students, etc.;
• Coordinate postings of disciplinary actions on the website;
• Participate in meetings and conference calls with school’s counsel and other school staff;
• Refer schools to the Attorney General’s Office for unlicensed operation, fraudulent school activity, non-payment of fines, and tuition reimbursement claims;
• Work with the U.S. Justice Department, United States Department of Education and other agencies regarding legal matters involving schools;
• Receive subpoenas on behalf of BPSS in New York City;
• Prepare and/or oversee the preparation of cease-and-desist letters to unlicensed schools;
• Develop and/or oversee the development of responses to legal correspondence and legal inquires, and provide guidance to staff as needed;
• Review staff correspondence for legal soundness;
• Co-sign tuition reimbursement claims;
• Respond to BPSS Freedom of Information Law (FOIL) requests, determine scope of response, and review and ensure redaction of data and/or information, as appropriate;
• Appear in court on behalf of BPSS to respond to litigation;
• Act as a liaison with Hearing Officers and sign off on payment vouchers;
• File bankruptcy claims;
• Respond to auditing questions; and
• Draft regulation changes, as required.

Additional Comments CONDITIONS OF EMPLOYMENT: This will be a permanent, competitive appointment or a permanent non-competitive appointment. 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. For 55b/c appointment, candidates must possess the minimum qualifications, a current 55b/c eligibility letter and is subject to verification of applicant eligibility. Promotions and transfers may change appointees’ negotiating unit. Candidates should be aware that changes in negotiating units may affect their salary, insurance, and other benefits. Verification of degree, Bar admission and work experience will be required at the time of interview for all candidates. Candidates are required to possess and maintain admission to the New York State Bar. Continued employment as a Senior Attorney is dependent upon maintaining admission to the New York State Bar. Failure to maintain admission to the New York State Bar will result in removal from employment. Fingerprinting through the Federal Bureau of Investigation and the Division of Criminal Justice Services is required for employment. Fees associated with this process are at the Department’s expense. This position will require 10% in-state travel.

This position may be filled as a traineeship. The starting salaries for this position are outlined below. For current New York State employees, salary is based on the candidate’s salary at the time of hire. Candidates appointed at the trainee level will be required to successfully complete the traineeship to advance to the full performance level title and salary.
• $63,108 (Assistant Attorney 1/Trainee 1- NS equated to SG-18)
• $69,934 (Assistant Attorney 2/Trainee 2- NS equated to SG-20)
• $77,600 (Assistant Attorney 3/Trainee 3- NS equated to SG-22)
• $90,806 (Senior Attorney/Full Performance level SG-25)

This position leads to a maximum salary of $114,444 based on annual performance advances.

APPLICATION: Qualified candidates should send a resume and letter of interest by March 29, 2024 to ACCESJOBS@nysed.gov (email submissions are preferred). Your resume must clearly indicate how you meet the minimum qualifications for this position. You must include the Box number (ACS-3027/16561) of the position in the subject line of your email and cover letter to ensure receipt of your application. Links to application materials will not be accepted (i.e., Google Docs). Your social security number may be required to confirm your eligibility.

New York State Education Department (NYSED) is an equal opportunity/affirmative action employer. NYS Human Rights Law prohibits discrimination because of age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, marital status, domestic violence victim status, gender identity, prior conviction records, prior arrests, youthful offender adjudications, or sealed records.

Interested in a job with New York State, but don’t know where to start?

Visit these links for information on working for New York State:
• https://www.cs.ny.gov/jobseeker/
• https://www.cs.ny.gov/pio/publications/gettingajob.pdf

Generous benefits of working for New York State, including, but not limited to, the following:

Holiday & Paid Time Off
• Thirteen (13) paid holidays annually.
• Thirteen (13) days of paid vacation leave in year one, increasing to 20+ days with additional years of service.
• Five (5) days of paid personal leave annually.
• Thirteen (13) days of paid sick leave annually for PEF/CSEA and eight (8) days paid sick leave annually for M/C.
• Annual professional leave and educational leave opportunities for eligible staff.

Health Care Benefits
• Eligible employees and dependents can choose from a variety of affordable and generous health insurance programs.
• Family dental and vision benefits at no additional cost.

Additional Benefits
• Enrollment in the New York State pension system which has earned the distinction of being one of the best-managed and best-funded plans in the nation OR Optional Retirement Defined Contribution Plan with 8% salary match (eligibility requirements apply).
• NYS Deferred Compensation and an exclusive 403(b) Optional Retirement Savings Plan.
• Paid Parental Leave for all employees and Paid Family Leave (M/C Only).
• Public Service Loan Forgiveness (PSLF).
• Opportunities for telecommuting.
• Eligibility for various life insurance options.

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

Name Office of Human Resources Management

Telephone (518) 474-5215

Fax (518) 486-5631

Email Address accesjobs@nysed.gov

Address

Street NYS Education Department

89 Washington Avenue, OHRM, room 528 EB

City Albany

State NY

Zip Code 12234

 

Notes on ApplyingAPPLICATION: Qualified candidates should send a resume and letter of interest by March 29, 2024 to ACCESJOBS@nysed.gov (email submissions are preferred). Your resume must clearly indicate how you meet the minimum qualifications for this position. You must include the Box number (ACS-3027/16561) of the position in the subject line of your email and cover letter to ensure receipt of your application. Links to application materials will not be accepted (i.e., Google Docs). Your social security number may be required to confirm your eligibility.

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