Assistant General Counsel

City of New York•New York, NY

About The Position

The Department of Social Services (DSS), which includes the New York City Human Resources Administration and the Department of Homeless Services, is hiring an Assistant General Counsel to supervise the Office of the General Counsel/Fair Hearing Administration’s Intentional Program Violation and District Attorney Referral Unit. Under the general direction of the Special Counsel, the Assistant General Counsel exercises wide latitude for independent judgment and decision-making and is responsible for legal actions brought on behalf of the Commissioner. The position directly supervises attorneys who prosecute or defend civil legal actions in court or before administrative bodies and who prepare and review legal documents. The unit provides litigation services and legal counsel concerning fraud and intentional program violations involving benefits programs. The Assistant General Counsel determines whether investigations warrant referral to a district attorney’s office or whether an intentional program violation has occurred; supervises representation in administrative hearings and state courts; and coordinates with federal, state, and local prosecuting agencies. The role also provides legal advice to program areas, develops litigation strategies, oversees staff and case outcomes, and supports management planning.

Requirements

Admission to the New York State Bar.
Four years of recent, full-time, responsible, relevant, and satisfactory legal experience after admission to any bar.
At least 18 months of the required experience must involve 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; assign litigation matters to subordinate attorneys and review and edit legal papers and evidence.
Liaise with federal, state, and local prosecuting agencies, including U.S. Attorney’s Offices, the New York State Attorney General’s Office, and New York City District Attorneys, on criminal matters involving benefits programs.
Coordinate criminal matters by identifying and preparing witnesses, preparing evidence, responding to subpoenas and other legal documents, and presenting proposed settlements to senior leadership.
Conduct legal research, investigations, and witness interviews; prepare motions, objections, rebuttals, and other legal memoranda.
Provide legal counsel to program areas and brief them on settlements and stipulations.
Develop litigation strategies with staff or lead advocacy on particularly complex legal issues; ensure compliance with practice orders for non-admitted attorneys.
Maintain litigation records and update program areas on the outcomes and impacts of court decisions and rulings.
Conduct staff meetings and case briefings, prepare reports and recommendations for management, and meet regularly with investigatory teams to discuss investigations, provide guidance, and report litigation results.
Prepare transfer and appeal memoranda for the NYC Law Department and reconsideration memoranda for hearings.
Train investigative and legal staff as needed to ensure adherence to rules of evidence and ethics.
Ensure successful prosecutions or disqualifications are acted upon promptly, including docketing judgments with the county clerk or referring sanctioned individuals for collection, recoupment, or benefit sanctions as appropriate.
Monitor subordinate staff time and leave, evaluate and rate staff performance, and assist the Special Counsel with management planning, program counseling, and unit strategies.