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Job Description

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 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 general direction of the Special Counsel, with wide latitude for independent judgment and un-reviewed action or decision-making, the Assistant General Counsel is responsible for all the legal actions brought on behalf of the Commissioner and will serve as the Supervising Attorney for the Office of the General Counsel/Fair Hearing IPVDAR Unit. This involves the direct supervision of a team of attorneys who prosecute or defend against civil legal actions in Court or before administrative bodies or prepare and review legal documents on behalf of the Commissioner.

The IPVDAR Unit within OLA’s Fair Hearing Administration is recruiting for one (1) Executive Agency Counsel M-I to function as an Assistant General Counsel who will:

- Consult with the Special Counsel, make a legal determination, based upon the facts, evidence, and law, whether an investigation is appropriate for either a referral to a district attorney’s office for prosecution or an intentional program violation has been committed.

- Collaborate with the Special Counsel, supervise attorneys who provide legal representation to the Commissioner of the Department of Social Services in administrative hearings and state courts on Intentional Program Violation litigation matters, including but not limited to Administrative Disqualification Hearings and Article 78 actions. Assigns, reviews, revises and prepares opinions and legal documents in all areas of law.

- Act as a liaison to the Federal, State, or local prosecuting agencies, including US Attorney’s Offices, the New York State Attorney General’s Office, or the District Attorneys in New York City in relation to referral to, presentation of, and completion of criminal matters relating to benefits programs including identifying witnesses, preparing them, preparing evidence, complying with subpoenas and other legal documents relating to the criminal matter and bringing proposed settlements to senior leadership.

- Assign litigation matters to subordinate attorneys. Review and edit legal papers and evidence. Conduct legal research, conduct investigations and interview witnesses; prepare written motions, objections and rebuttals and other legal memoranda. Provide legal counsel to program areas and brief the program areas on any settlements or stipulations reached.

- Assist staff with developing appropriate litigation strategies or by taking charge of the advocacy of particularly complex legal issues and performs legal research on complex subject matters. Ensures compliance with practice orders for non-admitted attorneys. Maintains litigation records and updates the associated program area on outcome and impact of court decisions and rulings.

- Conduct staff meetings and/or briefings relevant to the legal status of assigned cases; prepares reports with recommendations for managerial decision and action. Meets with investigatory teams regularly to discuss investigations, provides guidance and reports results from litigation. Prepares transfer and appeal memoranda to NYC Law Dept and prepares reconsideration memoranda for hearings. Conducts training of investigatory and legal staff as necessary to ensure adherence to rules of evidence and ethics.

- Ensure successful prosecution or disqualifications are acted upon timely, by docketing judgments in the county clerk’s office or referring the sanctioned individual to the appropriate unit within the agency for collection, recoupment, and/or sanction of benefits as appropriate.

- Monitor time and leave of subordinate staff. Evaluate and rate staff job performance and assist the Special Counsel in management planning decisions, program counseling and strategies affecting the unit.

EXECUTIVE AGENCY COUNSEL - 95005

Qualifications

Admission to the New York State Bar; and four years of recent full-time responsible, relevant, satisfactory legal experience subsequent to admission to any bar, eighteen months of which must have been in the supervision of other attorneys, in an administrative, managerial or executive capacity, or performing highly complex and significant legal work.

Incumbents must remain Members of the New York State Bar in good standing for the duration of this employment.

Additional Information

The City of New York is an inclusive equal opportunity employer committed to recruiting and retaining a diverse workforce and providing a work environment that is free from discrimination and harassment based upon any legally protected status or protected characteristic, including but not limited to an individual's sex, race, color, ethnicity, national origin, age, religion, disability, sexual orientation, veteran status, gender identity, or pregnancy.

Salary Min: $ 68,213.00

Salary Max: $125,000.00