ASSISTANT GENERAL COUNSEL

City of New York•New York, NY

6d•$68,213 - $125,000

About The Position

The Department of Social Services (DSS), which includes the New York City Human Resources Administration (HRA) and Department of Homeless Services (DHS), provides public benefits and services and works to prevent and address homelessness. The Office of Legal Affairs’ Fair Hearing Administration represents DSS and its agencies in administrative hearings. Its Intentional Program Violation and District Attorney Referral (IPVDAR) Unit provides litigation services and legal counsel on fraud-related matters. Under the general direction of the Special Counsel, the Assistant General Counsel serves as Supervising Attorney for the Office of the General Counsel/Fair Hearing IPVDAR Unit, with wide latitude for independent judgment and decision-making. The role supervises attorneys handling civil legal actions on behalf of the Commissioner, including litigation in courts and administrative forums, and the preparation and review of legal documents. The Assistant General Counsel also advises agency leadership and program areas, coordinates with prosecuting agencies, and oversees investigations and litigation concerning intentional program violations and referrals for prosecution.

Requirements

Admission to the New York State Bar.
Four years of recent, full-time, responsible, relevant, satisfactory legal experience after admission to any bar.
At least 18 months of experience supervising other attorneys in an administrative, managerial, or executive capacity, or performing highly complex and significant legal work.
Must remain a Member of the New York State Bar in good standing throughout employment.

Responsibilities

Consult with the Special Counsel and determine, based on facts, evidence, and law, whether an investigation should be referred to a district attorney’s office for prosecution or whether an intentional program violation has occurred.
Supervise attorneys representing the Commissioner in administrative hearings and state courts on intentional program violation matters, including Administrative Disqualification Hearings and Article 78 actions; assign, review, revise, and prepare opinions and legal documents.
Serve as liaison to federal, state, and local prosecuting agencies, including US Attorney’s Offices, the New York State Attorney General’s Office, and New York City District Attorneys, regarding criminal matters involving benefits programs.
Coordinate criminal referrals and matters by identifying and preparing witnesses, preparing evidence, responding to subpoenas and other legal documents, and bringing proposed settlements to senior leadership.
Assign litigation matters to subordinate attorneys; review and edit legal papers and evidence; conduct legal research and investigations and interview witnesses; and prepare motions, objections, rebuttals, and legal memoranda.
Provide legal counsel to program areas and brief them on settlements and stipulations.
Help staff develop litigation strategies, take charge of advocacy on particularly complex legal issues, and conduct legal research on complex subjects.
Ensure compliance with practice orders for non-admitted attorneys, maintain litigation records, and update program areas on the outcomes and effects of court decisions and rulings.
Conduct staff meetings and case-status briefings; prepare reports with recommendations for management decisions and action.
Meet regularly with investigatory teams to discuss investigations, provide guidance, and report litigation results.
Prepare transfer and appeal memoranda to the NYC Law Department and reconsideration memoranda for hearings.
Train investigatory and legal staff as needed to promote adherence to rules of evidence and ethics.
Ensure successful prosecutions or disqualifications are acted upon promptly by docketing judgments with the county clerk or referring sanctioned individuals to the appropriate agency unit for collection, recoupment, or benefit sanctions.
Monitor subordinate staff time and leave, evaluate and rate job performance, and assist the Special Counsel with management planning, program counseling, and unit strategies.