Attorney Interne

City of New York•New York, NY

17d

About The Position

The Department of Social Services (DSS) is comprised of the administrative units of the New York City Human Resources Administration (HRA) and the Department of Homeless Services (DHS). HRA is dedicated to fighting poverty and income inequality by providing New Yorkers in need with essential benefits such as Supplemental Nutrition Assistance, Cash Assistance, Emergency Assistance, Medicaid, Child Support, Fair Fares, as well as eviction prevention and rehousing assistance. DHS is committed to preventing and addressing homelessness in New York City by employing a variety of innovative strategies to help families and individuals successfully exit shelter and return to self-sufficiency as quickly as possible. DSS also includes administrative and supportive divisions such as the Office of Legal Affairs which includes the Fair Hearing Administration, among other litigation and counseling units. DSS’ Fair Hearing Administration is responsible for providing representation of the Agency at NYS Administrative Hearings in the following program areas for HRA: Cash Assistance (CA), Supplemental Nutrition Assistance Program (SNAP), Investigative Revenue and Enforcement Administration (IREA), HIV Aids Services Administration (HASA), Adult Protective Services (APS), Homecare and the Medical Assistance Program (MAP). The Fair Hearing Administration also represents the Agency in administrative hearings involving the Department of Homeless Services as well as HRA administered shelters for DV survivors. The Intentional Program Violation and District Attorney Referral (IPV/DAR) Unit provides litigation services and legal counsel to the Commissioner, Chief Accountability Officer/Bureau of Fraud Investigation and Accountability, and executive management, as well as counsel to program on matters relating to fraud, in accordance with Federal, State and City laws and regulations. Under the direction of the IPV/DAR Unit Agency Attorney III or other unit supervisor, the Attorney Interne performs basic legal work and legal research, upon which they draft internal memoranda, or documents relating to court or administrative proceedings, in advance of appearance. The IPVDAR Unit within OLA’s Fair Hearing Administration is recruiting for three (3) Agency Attorney Internes to function as Attorney Internes who will:

Requirements

Graduation from an accredited United States law school as defined in the Rules of the New York Court of Appeals (Sections 520.3 or 520.5) or admission to the New York State Bar.

Responsibilities

Provide legal representation of the Commissioner of the Department of Social Services in Administrative Disqualification Hearings before State administrative bodies as well as proceedings in city or state court relating to Intentional Program Violation litigation including but not limited to Article 78 proceedings.
Prepare any related court documents, administrative proceeding documents or forms, including but not limited to: ADH requests, evidentiary packets, motions, answers, responses to interrogatories, and legal memoranda based on legal, policy and evidentiary research the Agency Attorney Interne conducts.
Review policies, laws, regulations, and legislation for the purpose of advising executive, operational and other legal staff on questions of law, fact and administrative policy/procedures in connection with special projects and high-priority initiatives and with fair hearing avoidance matters.
Review the case record and investigation records, interviewing witnesses, gathering evidence, determining whether the evidence is sufficient to sustain an IPV finding or rises up to the threshold of a DA referral for prosecution.
Prepare a formal request for an ADH and providing OTDA’s Office of Administrative Hearings a supporting evidentiary packet electronically for incidents that meet the IPV evidentiary standard.
Prepare and present cases to an outside prosecutorial agency where the total value of crime is less than $15k or the anticipated top charge is a class C felony or lower.
Collect and review of evidence submitted by the client or their counsel, conduct same day conferences to settle the IPV as appropriate or requested.
Ensure service of the evidentiary packet and notice of hearing on the client/client’s representative is completed appropriately and within expected time standards. Ensure adequate proof of service is presented or available.
Provide legal counsel to program area(s) and negotiate settlements and stipulations in fraud matters.
Liaise with district attorney staff and gathering responsive documents to subpoenas of agency documentation in relation to fraud or IPVs.
May assist in developing appropriate litigation strategy by determining the advisability of presenting witnesses, the admissibility of types of evidence, and assist in preparing witnesses for testimony and cross examination, and other matters of legal strategy.
Maintain case files and update notes into Fair Hearing’s case management system and records case status.