Regulatory Counsel

City of New York•New York City, NY

1d•Onsite

About The Position

The DSS Accountability Office (DSS-AO) is responsible for protecting the integrity of social services programs administered by the New York City Department of Social Services (DSS) and ensuring that DSS complies with all statutory, regulatory and contractual standards. The Office of Regulatory Compliance and Accountability (“ORCA”) in the Office of Accountability (AO) is charged with working closely with internal and external partners to ensure that DHS facilities, both directly-managed and those managed by provider agencies, comply with statutory, regulatory, and contractual obligations including, but not limited to, facility maintenance and repair, operational plans, the DHS Routine Site Review Inspections (RSRI) program, and additional facility and programmatic monitoring processes. ORCA is recruiting for (1) one Agency Attorney level II to function as a Regulatory Counsel, who will: - Provide regulatory guidance to ORCA staff, including Compliance Liaison, on all facets of ORCA’s serious incident reporting workflow. - Review and resolve issues regarding incident reporting categories, responses to OTDA inquiries and DHS program divisions and reports generated by ORCA’s Data Analysts. Administer the implementation of policies and procedures, as approved and set forth by the Assistant Deputy Commissioner. Plan and develop investigative and administrative activities which will ensure the integrity of the division. - Draft legal memoranda, compliance letters and other documents regarding various compliance-related issues affecting the Agency’s operation of the shelter system, including correspondence with OTDA and other oversight agencies. Review written work product by the Compliance Liaisons in the Regulatory Counsel unit, including summaries of their preliminary analysis of reports and submissions from oversight agencies, including the Department of Investigations (DOI). Draft reports of DOI’s policy and procedure recommendations (PPRs) to submit to the Supervising Regulatory Counsel. - Assist the Supervising Regulatory Counsel with the review of providers’ responses to Organizational Corrective Action Plans (Organizational CAPs). Review quarterly reports and supporting documentation submitted by these providers and monitors their progress through the Organizational CAPs tracker in Excel. Draft memoranda summarizing the status of each Organizational CAP, including any areas of concern and any proposed corrective measures. Submit the memoranda to the Supervising Regulatory Counsel. Assist the Supervising Regulatory Counsel with drafting reports on the Organizational CAPs. - Assist the Supervising Regulatory Counsel with conducting enforcement conferences with DHS-funded providers found to be non-compliant with regulatory requirements and/or contractual obligations, in accordance with the DHS Compliance Procedure, which controls the process for holding non-compliant providers accountable through the imposition of contractual penalties after the Supervising Regulatory Counsel conducts an enforcement conference. Review enforcement referrals submitted by DHS program divisions. Draft memoranda summarizing each enforcement referral, including recommendations on the strength of the referral and areas of concern. Submit the memoranda to the Supervising Regulatory Counsel. - Assist with scheduling the enforcement conferences. - Collaborate with the Department of Social Services’ Office of Legal Affairs/DHS Legal on legal issues arising from ORCA compliance initiatives. - Attend meetings with representatives from other Agency units.

Requirements

Admission to the New York State Bar; and either "2" or "3" below.
One year of satisfactory United States legal experience subsequent to admission to any state bar; or
Six months of satisfactory service as an Agency Attorney Interne (30086).
Incumbents must remain Members of the New York State Bar in good standing for the duration of this employment.
To be assigned to Assignment Level (AL) II, candidates must have one year of experience at Assignment Level I or two years of comparable legal experience subsequent to admission to the bar, in the areas of law related to the assignment.
To be assigned to AL III candidates must have two years of experience in Assignment Levels I and/or II or three years of comparable legal experience subsequent to admission to the bar, in the areas of law related to the assignment.

Responsibilities

Provide regulatory guidance to ORCA staff, including Compliance Liaison, on all facets of ORCA’s serious incident reporting workflow.
Review and resolve issues regarding incident reporting categories, responses to OTDA inquiries and DHS program divisions and reports generated by ORCA’s Data Analysts. Administer the implementation of policies and procedures, as approved and set forth by the Assistant Deputy Commissioner. Plan and develop investigative and administrative activities which will ensure the integrity of the division.
Draft legal memoranda, compliance letters and other documents regarding various compliance-related issues affecting the Agency’s operation of the shelter system, including correspondence with OTDA and other oversight agencies. Review written work product by the Compliance Liaisons in the Regulatory Counsel unit, including summaries of their preliminary analysis of reports and submissions from oversight agencies, including the Department of Investigations (DOI). Draft reports of DOI’s policy and procedure recommendations (PPRs) to submit to the Supervising Regulatory Counsel.
Assist the Supervising Regulatory Counsel with the review of providers’ responses to Organizational Corrective Action Plans (Organizational CAPs). Review quarterly reports and supporting documentation submitted by these providers and monitors their progress through the Organizational CAPs tracker in Excel. Draft memoranda summarizing the status of each Organizational CAP, including any areas of concern and any proposed corrective measures. Submit the memoranda to the Supervising Regulatory Counsel. Assist the Supervising Regulatory Counsel with drafting reports on the Organizational CAPs.
Assist the Supervising Regulatory Counsel with conducting enforcement conferences with DHS-funded providers found to be non-compliant with regulatory requirements and/or contractual obligations, in accordance with the DHS Compliance Procedure, which controls the process for holding non-compliant providers accountable through the imposition of contractual penalties after the Supervising Regulatory Counsel conducts an enforcement conference. Review enforcement referrals submitted by DHS program divisions. Draft memoranda summarizing each enforcement referral, including recommendations on the strength of the referral and areas of concern. Submit the memoranda to the Supervising Regulatory Counsel.
Assist with scheduling the enforcement conferences.
Collaborate with the Department of Social Services’ Office of Legal Affairs/DHS Legal on legal issues arising from ORCA compliance initiatives.
Attend meetings with representatives from other Agency units.

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