Deputy Commissioner and General Counsel

Description

Duties Description

The Office of General Counsel provides a full suite of legal services for the entire agency. The Deputy Commissioner and General Counsel position is responsible for advancing the efficiency and effectiveness of all operations and functions of the Office of General Counsel and provides legal advice and counsel to executive staff on the legal implications of agency policies and programs. Duties include but are not limited to:

• Directs the overall operation and supervision of the Office of General Counsel, including Regional Attorneys in the 9 DEC regions.
• Provides legal counsel to the Commissioner of DEC and Counsel to the Governor of the State of New York.
• Serves as agency liaison to the New York Office of the Attorney General and coordinates with that Office regarding both affirmative and defensive litigation that DEC is a party.
• Oversees the execution, and in some cases negotiation, of all agency contracts including DEC operations, land acquisition, and permits.
• Represents the agency in a variety of administrative legal proceedings.
• Directs the preparation and promulgation of agency rules and regulations.
• Provides legal counsel for the development of program policies and permitting decisions.
• Provides legal and strategic counsel and support to ensure the development and implementation of lawful employment policies and procedures, including compliance with relevant federal, state, and local laws, and obligations related to collective bargaining and civil service guidelines.
• Develops and coordinates with the agency’s legislative program, consulting with executive staff and managers to determine the need for new or revised legislation and the preparation of draft bills.
• Supervises the agency’s FOIL officer, Records Access Officer, FOIL appeals officer, and agency Ethics Officer.
• Advance the agency’s commitment to diversity and inclusion by assessing and addressing barriers and opportunities in recruitment and hiring practices. Demonstrate a commitment to cultural competency.
  
  

In addition to being responsible for the Office of General Counsel, the Deputy Commissioner and General Counsel oversees the Office of Internal Audits, Office of Internal Investigations, and the Division of Environmental Permits.

Duties Include

• Review and coordinate with the Director of Internal Audits concerning audits of DEC programs conducted by the New York Office of the State Controller and federal agencies, as well as audits initiated internally and directed by the Commissioner.
• Review and coordinate with the Director of Internal Investigations concerning investigations referred to and from the New York Office of the Inspector General.
• Review and coordinate with Director of Internal Investigations and the Director of Employee Relations concerning internal investigations of employee misconduct.
• Provide legal and strategic counsel the Division of Environmental Permits concerning specific permitting decisions, policies and regulations governing permitting decisions, and ensuring the appropriate and consistent application of the Uniform Procedures Act and corresponding regulations.
  
  

Qualifications

Minimum Qualifications

Law degree from an accredited law school; admission to and member in good standing of the New York State Bar; and at least 10 years of relevant post-bar experience.

Preferred Qualifications

• Excellent written and oral communication skills to summarize the law and the facts succinctly and precisely, and to persuasively offer a recommended course of action to the Commissioner and key executive stakeholders.
• Demonstrated experience with the practice of environmental law in New York, including familiarity with the provisions of the Environmental Conservation Law and implementing regulations found in 6 NYCRR.
• Ability to respectfully represent the interests of DEC with competency, credibility, and confidence when interacting with others outside the agency.
• The ability to appropriately set priorities, work under pressure, and meet tight deadlines while maintaining productive working relationships with internal and external stakeholders.
• Deep-seated curiosity about the agency and its operations, and commitment to excellence in governance, procedure, and legal matters.
• Demonstrated experience in managing a large team of employees in a legal setting and the ability and willingness to recruit, motivate, and train staff members.
• The ability to work strategically and collaboratively with intra-agency business units and to maintain and handle confidential documents and information.
• Ten years of recent full-time relevant and exemplary legal experience subsequent to any bar, including five years in the supervision of other attorneys and/or in an administrative, managerial, or executive agency.
  
  

Additional Comments

Must have a valid driver’s license or demonstrate the ability to meet the transportation needs of the position.

Travel may be required.

Overtime may be required.

Overnight travel may be required.

Weekends and holidays may be required.

Must be available for emergency response.

Telecommuting may be available, will be discussed at interview.

We offer a work-life balance and a generous benefits package, worth 65% of salary, including:

• Holiday & Paid Time Off
• Public Service Loan Forgiveness (PSLF)
• Pension from New York State Employees’ Retirement System
• Shift & Geographic pay differentials
• Affordable Health Care options
• Family dental and vision benefits at no additional cost
• NYS Deferred Compensation plan
• Access to NY 529 and NY ABLE College Savings Programs, and U.S. Savings Bonds
• And many more...
  
  

For new State employees appointed to graded positions, the annual salary is the hiring rate (beginning of the Salary Range) of the position. Promotion salaries are calculated by the NYS Office of the State Comptroller in accordance with NYS Civil Service Law, OSC Payroll rules and regulations and negotiated union contracts.

The Department of Environmental Conservation (DEC) is committed to fostering a culture of diversity, equity, inclusion, and accessibility. Our work would not be possible without the diverse backgrounds, experiences, ideas, and abilities of our employees. DEC is committed to developing a workforce which represents the diverse population of New York State. DEC embraces a diverse and inclusive work environment by encouraging all individuals, including those with disabilities, to apply to open positions at the agency.