Job Description

The New York City Department of Correction (DOC) is an integral part of the City’s evolving criminal justice system, participating in reform initiatives and strategies aimed to move the City towards a smaller jail system without compromising public safety. The DOC is responsible for maintaining a safe and secure environment for staff, visitors, volunteers and people in our custody. Importantly, safe jails enable DOC to provide people in custody with the tools and opportunities they need to successfully re-enter their communities. The DOC operates facilities and court commands across the five boroughs with more than 9,500 diverse professionals and knowledge experts.

The Department is in the process of eliminating the use of punitive segregation for all persons in custody. Following collaboration between the Department and the New York City Board of Correction (the Board or BOC) and a public comment period, a rule to govern the alternatives to punitive segregation was recently finalized and passed by the Board. Pursuant to the new rule, persons in custody who commit certain violent infractions will be entitled to various due process protections prior to be placed in an alternative restrictive housing setting. These due process protections include the right to counsel and the right to review evidence including any video surveillance footage of the underlying incident.

The General Counsel’s Office is seeking to recruit an Agency Attorney Level IV. Initially upon recruitment, the primary duties of the Agency Attorney IV will likely consist of directly supervising teams of Agency Attorneys and support staff representing the Department and liaising with attorneys representing persons in custody during these new proceedings. Under direction and with wide latitude for independent judgment and action, the Agency Attorney Level IV will oversee the collection, review and production of documents in advance of infraction hearings. This work will require careful review of documents and video for any sensitive materials, including confidential intelligence, which may require redaction prior to production. The Agency Attorney Level IV will also directly supervise Agency Attorneys representing the Department at infraction hearings and administrative appeals brought by persons in custody through the Department’s writ court and will also personally appear in these proceedings when necessary.

Depending on Department needs, the Agency Attorney IV may also supervise and/or assist in supervising other legal staff assigned to the General Counsel’s Office, including attorneys and support staff; review, draft or supervise the drafting of complex legal documents as needed; interact with senior agency legal personnel; guide, supervise and/or review work of legal and support staff; provide legal direction; advise on matters of legal strategy and settlement discussions; assist in the overall supervision of the unit; act as liaison with executives within the agency and with other City agencies.

These other duties and responsibilities of the Agency Attorney IV may include but are not limited to the following:

• Daily supervision of Agency Attorneys and support staff, including assignment and

  review of work product;

• Performing research on complex legal issues and drafting memoranda;

• Assisting in the procurement process, including drafting and review of contracts

  and memoranda of understanding;

• Educating and providing documents to counsel from the Law Department in order

  to defend lawsuits commenced against the Department;

• Reviewing document production and investigations into claims of discrimination pursuant

  to Equal Employment Opportunity complaints;

• Offering counsel and advice on a wide range of administrative, commercial, and

  litigation affairs;

• Advising Executive Staff of the legality of potential policy changes, as well as drafting

  and reviewing new or revised policies;

• Assisting the Department in rulemaking, regulatory compliance, and risk management;

• Assisting the Department in all aspects of the Board of Correction (BOC) rulemaking process,

  including fact-finding, legal research and analysis, consultation with the Law Department, and

  translation of Department policies and practices into draft BOC rules, or amendments thereto,

  if necessary;

• Collaborating with BOC, H+H and other City agencies, City Hall, City Council, and external

  criminal justice stakeholders;

• Providing advice and counsel to ensure the Department meets all legal, statutory and regulatory

  requirements, including advising the Department on, and interpreting, federal, state and local laws

  and regulations that affect or inform the Department’s work;

• Performing other special projects as assigned.

Qualifications

1. Admission to the New York State Bar; and either "2" or "3" below.

2. One year of satisfactory United States legal experience subsequent to admission to any state bar; or

3. 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.

In addition to meeting the minimum Qualification Requirements:

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.

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.