Review Vacancy
AgencyPublic Service, Department of
Bargaining UnitM/C - Management / Confidential (Unrepresented)
Salary RangeFrom $133453 to $168606 Annually
Minimum Qualifications Candidates must possess a law degree, be admitted to the New York State Bar, and have a minimum of seven years of progressively responsible experience as an attorney in government litigation, investigations, or administrative hearings, where they analyzed legal issues, researched and interpreted complex areas of regulatory or statutory law, drafted and submitted litigation documents synthesizing law and facts on behalf of a governmental entity or other client, and demonstrated an ability to build, prosecute, and defend cases. Clear and effective writing and oral communication skills are essential requirements. Candidates should have a knowledge of Public Service Law or experience in utility or other public sector regulation, managing legal and/or technical staff, and appellate advocacy. Additional experience in regulatory law, economics, engineering, accounting, consumer protection, trials or hearings, or judicial clerkships can strengthen an application.
Duties Description The Assistant Counsel, NS-M5, functioning as a Deputy Solicitor in the Litigation Group of the Office of General Counsel (OGC), will be responsible for conducting litigation activities as well as supervising a team of lawyers who specialize in the litigation, investigation, or enforcement on behalf of the Public Service Commission (Commission) concerning energy, water, telecommunications, and other matters under the New York State Public Service Law or related statutes. The responsibilities include consistently employing clear, organized, accurate, useful, and well-sourced written communication with DPS colleagues, effective written and oral advocacy before State and federal courts, and initiating, conducting, and supervising, high-profile investigations and defensive and affirmative actions in the energy, telecommunications, and/or water utility sectors. Additional duties will include, but are not limited to:
• Representing the Commission in litigation cases before State and federal trial and appellate courts.
• Analyzing potential requirements or violations of Public Service Law, related statutes, regulations, or Commission orders and making recommendations to the Director related to defensive and affirmative litigation matters.
• 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 for and cross-examining witnesses in all types of proceedings, ranging from the simple and routine to the extensive and complicated proceedings; when requested, initiate, and pursue enforcement actions before New York courts.
• Drafting orders to carry out recommendations submitted to, and directives promulgated by, the Commission.
• Researching and interpreting complex areas of regulatory/administrative procedure law, Commission decisions, legislative history, or consumer protection and regulatory economic policies, and providing legal advice concerning various applications for rehearing or reconsideration of Commission determinations, appeals to the Commission, or regulatory rulemaking.
• 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 telecommunications 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 Solicitor or General Counsel.
• Supervising other attorneys that perform litigation, investigation, and/or enforcement activities.
The Deputy Solicitor will directly handle complex, high stakes administrative, litigation, and legal matters. The candidate will provide direct support and report to the Deputy General Counsel-Solicitor, liaise with other agencies (including, but not limited to, the Department of Environmental Conservation, Long Island Power Authority, Department of Law, New York State Energy and Research Development Authority, the public, and regulated entities, and occasionally participate as a panelist or speaker at conferences and seminars. The Deputy Solicitor will also perform various supervisory functions including, but not limited to, conducting employee performance evaluations, reviewing and approving employee time reports, managing employee workloads, interviewing potential new hires, and handling inquiries from other offices and the public
Additional Comments The New York State Department of Public Service (DPS or Department) works to: ensure safe, affordable, and reliable access to electric, gas, steam, water, and telecommunications services at just and reasonable rates for New York State customers, protect the natural environment, reduce greenhouse gas emissions via transmission and siting of renewable energy resources, and augment the resiliency of utility infrastructure. DPS litigation attorneys engage on cutting-edge legal, technological, financial, consumer protection, competitive markets, and compliance issues and play a key role in advancing the public interest for New Yorkers.
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 the Department’s webpage at https://dps.ny.gov.
Some positions may require additional credentials or a background check to verify your identity.