Senior Attorney

City of New York•New York, NY

About The Position

The New York City Department of Social Services (DSS), through the Office of the General Counsel and Fair Hearing Administration, seeks an Agency Attorney III to serve as a Senior Attorney in the Intentional Program Violation and District Attorney Referral Unit. The unit provides litigation services and legal counsel to agency leadership and program areas on fraud-related matters under applicable federal, state, and city laws and regulations. Under the general direction of the Assistant General Counsel, the Senior Attorney exercises independent judgment and initiative to prosecute or defend civil legal actions in court or before administrative bodies, or to prepare and review legal documents on behalf of the Commissioner. This supervisory role represents the Commissioner in administrative hearings and state courts concerning intentional program violations of any value or complexity, including cases involving fraud, conspiracy, or collusion to obtain ineligible public assistance, SNAP, health coverage, or services.

Requirements

Admission to the New York State Bar and membership in good standing for the duration of employment.
At least one year of satisfactory U.S. legal experience after admission to any state bar, or six months of satisfactory service as an Agency Attorney Interne.
For Assignment Level II: one year of experience at Assignment Level I or two years of comparable legal experience after admission to the bar in areas related to the assignment.
For Assignment Level III: two years of experience in Assignment Levels I and/or II or three years of comparable legal experience after admission to the bar in areas related to the assignment.

Responsibilities

Represent the Commissioner of DSS in administrative hearings and state courts on intentional program violation matters, including Administrative Disqualification Hearings and Article 78 actions.
Supervise legal staff by developing litigation strategies, leading advocacy on particularly complex legal issues, managing time and leave, and providing feedback on case management.
Draft and edit legal papers; gather evidence; conduct legal research and investigations; interview witnesses; and prepare motions, objections, rebuttals, and legal memoranda.
Prepare or review evidence packets to determine whether they sufficiently establish clear and convincing evidence of intentional program violations.
Lead preparation and presentation of cases to an outside prosecutorial agency when the anticipated top charge is a class A felony or lower.
Collect and review evidence submitted by clients or their counsel and conduct same-day conferences to settle intentional program violation matters when appropriate.
Provide legal counsel to program areas, with guidance from unit management, and negotiate settlements and stipulations in fraud matters.
Develop litigation strategy, including decisions about witnesses, admissibility of evidence, witness preparation, testimony, and cross-examination.
Ensure evidentiary packets and hearing notices are served appropriately and within expected time standards, and ensure adequate proof of service is presented or available.
Maintain case files and update case-status notes in the Office of General Counsel/Fair Hearing case management system.
Ensure timely compliance with Administrative Disqualification Hearing decisions, including referrals for collection, recoupment, or benefit sanctions when an intentional program violation is established, and removal of negative case actions or recoupments when required by a finding of good cause, insufficient evidence, or a successful appeal.