Review Vacancy
AgencyEnvironmental Conservation, Department of
TitleSenior Attorney / Assistant Attorney 1 / 2 / 3 - NY HELPS
Bargaining UnitPS&T - Professional, Scientific, and Technical (PEF)
Salary RangeFrom $65001 to $117875 Annually
Appointment Type Contingent Permanent
Duties Description The Senior Attorney will provide legal support to the New York State Department of Environmental Conservation and will be assigned to the General Enforcement Bureau of the Office of General Counsel. The Senior Attorney will primarily pursue administrative enforcement actions against violators for noncompliance with water pollution control, solid waste, Resource Conservation and Recovery Act, waste tires, coastal erosion and regulatory fee laws, to name a few. The position provides an opportunity for significant hearing experience, including expedited hearings before an administrative law judge. The Senior Attorney will also work closely with the Attorney General’s Office on enforcement referrals for civil litigation; draft and review enforcement guidance, policy and initiatives; review regulations and legislative proposals for compliance/enforcement implications; analyze and respond to inquiries from Executive and program staff relating to specific cases and general compliance/enforcement matters.
The Senior Attorney may be asked to perform other duties, including special projects in other program areas, and to assist the Bureau with workload management.
35% Negotiations: Represents the Department in negotiations with regard to consent orders and other enforcement related negotiations for the various programs the bureau enforces, along with cases involving other permit and enforcement-related matters
•Conducts legal and factual research to become familiar with cases and their value as precedent;
•Meets with staff and program attorney to review cases and explore negotiation strategies;
•Develops negotiation strategy in consultation with program attorney and staff;
•Meets with outside parties and represents the Department in negotiations.
25% Preparation of Legal Documents: Prepares or reviews legal documents, litigation papers, Consent Orders, Notices of Hearing and Complaint, summary abatement orders, subpoenas, search warrants, etc. on Bureau matters.
•Gains knowledge of legal requirements of such documents;
•Reviews and evaluates existing documents;
•Prepares draft documents including consent orders, pleadings, motions, briefs, affidavits and other legal documents;
•Meet with appropriate staff to gather specific information as required and prepares final documents.
15% Hearings and Litigation: Represents the Department in administrative, adjudicatory hearings, and enforcement-related litigation involving violations of the Environmental Conservation Law (ECL)
•Researches law and facts for each case and prepares documents for proceedings;
•Prepares for direct and cross-examination of witnesses;
•Represents the Department at proceedings;
•Maintains liaison status on referrals thru resolution;
•Prepares status report for Bureau Chief and appropriate staff and prepares final report of outcome.
15% Legal Advice: Provides legal advice on enforcement-related matters to program staff as required.
•Acquires foundation in applicable laws, rules and regulations, Declaratory Rulings, Department policy and DEC policy;
•Gathers background information to determine pertinent facts;
•Meets with bureau chief and program enforcement staff to review tentative conclusions;
•Prepares final advice and identifies problem areas;
•In consultation with bureau chief, develops enforcement cases, gives legal advice in enforcing the ECL and relevant regulations;
•Reviews and provides comments on program-related guidance memoranda, policy statements, consent orders, etc.;
•Review of program-related files which are the subject of Freedom of Information Law requests.
5% Legal Research:
•Conducts legal research on specific legal issues related to program. Reads, analyzes all pertinent laws, regulations, cases, Attorney General Opinions, Declaratory Rulings and other relevant authorities;
•Presents findings orally or in writing to Bureau Chief and appropriate staff; maintains research files;
•Prepares memoranda of law as required; incorporates research into work product and makes research available to others.
5% Contact with the 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.
Senior Attorney / Assistant Attorney 1 / Assistant Attorney 2 / Assistant Attorney 3
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 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.