Counsel (NY HELPS)

Duties Description

Under the direction of the Commissioner for the Office of Children and Family Services (OCFS) the Counsel provides vital legal oversight for OCFS, serving as general legal advisor to the Commissioner. The incumbent will be responsible for planning and directing the agency’s legal responsibilities, advising on matters of law and its implication for the agency’s policies and procedures, while providing specific advice on all legal matters pending before the Commissioner. The position will be responsible for the following duties:

• Support and implement the mission and philosophy of the agency as articulated by the Commissioner and demonstrate initiative focused on the implementation of the mission in providing legal advice and concepts for improvement.
• Oversee total operation of the agency’s Legal Affairs program.
• Lead and direct legal staff as necessary. Review work product to ensure that policy positions are legally supported or, if not possible, that all alternatives to accomplish policy goals, within the constraints of the law, are considered.
• Provide legal and policy advice and counsel to Commissioner, Executive Deputy Commissioner, other Executive staff and other staff as needed. Act on behalf of Commissioner when authorized.
• Communicate with legal staff, Commissioners, Executive Deputy Commissioner and other Deputy Commissioners. Evaluate subordinates as per performance evaluation system.
• Provide responses to requests for legal advice and assistance from Executive Chamber staff, members of Legislature and staff, child welfare and juvenile justice organizations as appropriate.
• Coordinate State and Federal legislative programs, oversee regulation promulgation; provision of documents requested by members of the public pursuant to the Freedom of Information Law (“FOIL”); and oversight of litigation brought against OCFS and personnel.
• Direct and monitor the implementation of Legal Division Priorities, in accordance with realistic timeframes; assist in the implementation of other Divisions’ priorities.
  
  

Additional duties will be discussed in detail during the interview.

Minimum Qualifications

Law degree from an accredited law school; admission to, and member in good standing of, the New York State Bar; and nine years of relevant post-bar experience.

Admission to the New York State Bar and current registration to practice law in New York State is required for continued employment.

Working knowledge of education law, confidentiality laws such as the Heath Information Portability and Accountability Act and the Personal Privacy Law, juvenile justice topics, and employee health and safety related topics.

Strong analytical, written, and interpersonal communication skills.

Additional Comments

For the duration of the NY HELPS Program, this title may be filled via a non- competitive appointment, which means no examination is required but all candidates must meet the minimum qualifications of the title for which they apply. At a future date (within one year of permanent appointment), it is expected employees hired under NY HELPS will have their non-competitive employment status converted to competitive status, without having to compete in an examination. Employees will then be afforded with all of the same rights and privileges of competitive class employees of New York State. While serving permanently in a NY HELPS title, employees may take part in any promotion examination for which they are qualified. , Rules and Regulations. Strong oral, writing and interpersonal skills, leadership and commitment to employee development.

Free parking available.

Background Investigation Requirements

• All prospective employees will be investigated through a Criminal Background Check (CBC), which includes State and federal Criminal History Record Checks. All convictions must be reported; conviction of a felony or misdemeanor, or any falsified or omitted information on the prospective appointee’s employment application, may bar appointment or result in removal after appointment. Each case will be determined on its own merits, consistent with the applicable provisions of State and federal laws, rules, and regulations. Prospective employees will be fingerprinted in order to obtain a record of their criminal history information, and may be required to pay any necessary fees.
• All prospective employees will be screened against the Statewide Central Register of Child Abuse and Maltreatment (SCR). Prospective employees will be required to pay any necessary fees.
• For Division of Juvenile Justice and Opportunities for Youth (DJJOY) prospective appointees will be checked against the Staff Exclusion List (SEL) maintained by the Justice Center for the Protection of People with Special Needs. Prospective employees whose names appear on the SEL as having been found responsible for serious or repeated acts of abuse or neglect will be barred from appointment and may have their names removed from the eligible list(s) for the title(s) if applicable.
  
  

The Office of Children and Family Services (OCFS) is an equal opportunity employer. OCFS does not discriminate based upon age, race, creed, color, national origin, sexual orientation, gender identity or expression, religion, military or veteran status, sex, disability (including pregnancy-related conditions), predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence, or other applicable legally protected characteristics. We devote special attention to dismantling racial injustice and recognize that diversity in our workforce is critical to fulfilling our mission. We are committed to the diversity of our staff and encourage applicants from marginalized communities to apply. In furtherance of Executive Order 31 and OCFS’s mission to have a diverse workforce, all people with disabilities are encouraged to apply. All applicants must be dedicated to working in and sustaining an environment of inclusion that affirms and celebrates the backgrounds, learned, and lived expertise, whole identities, and individual perspectives of our staff. Applicants of all backgrounds and experiences are encouraged to self-identify during the application process.