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Senior Attorney

Applications are being accepted from current state employees, those eligible for reinstatement based on prior permanent competitive service, and candidates on an eligible list for the position. Candidates on the eligible list for the position MUST include the list title and score received in a cover letter.

21-609

Applications are being accepted from current state employees, those eligible for reinstatement based on prior permanent competitive service, and candidates on an eligible list for the position. Candidates on the eligible list for the position MUST include the list title and score received in a cover letter.

Senior Attorney
Category of
Information
Posting Specific Information
Control Number 21-609
Application Due By 12/10/2021
Title Senior Attorney / Assistant Attorney 1, 2, and 3
Location: City
DEC Region
Division/Bureau
Albany
Central Office
General Counsel
Salary:
Grade:
$60,069 - $108,935 Effective 4/2021
25/18/20/22 Salary and appointment grade level dependent upon qualifications of candidate and negotiating unit.
Work Hours Days
Work Days Mon. - Fri.
Employment Type Permanent Budgeted Item
Appointment Type Contingent Permanent
Jurisdictional Class Competitive
Bargaining Unit/MC PS&T 05 (PEF)
Duties/Responsibilities The Senior Attorney (SG-25) in the Bureau of Materials Management and Mineral Resources will work in the Office of General Counsel in Albany, NY. The Senior Attorney will provide legal support for the Division of Materials Management, Mineral Resources and Environmental Permitting and the associated provisions of the Environmental Conservation Law that govern the activities and responsibilities of these three divisions. The successful candidate will be primarily responsible for providing legal advice regarding regulations, programs, and policies related to the Division of Materials Management, including the permitting and management of solid and hazardous waste facilities, pesticide regulation and management, chemical policy implementation, regulation of low-level radioactive facilities, product stewardship and pollution prevention initiatives. In addition, the candidate may also be responsible for providing legal advice regarding regulations, programs, and policies for the Division of Materials Management, Mineral Resources, and the Division of Environmental Permits.

With respect to the implementation of statutory and regulatory initiatives, the Senior Attorney will provide legal and regulatory support for various programs under the Environmental Conservation Law (ECL) that are managed by this bureau including, Article 8 - State Environmental Quality Review Act (SEQR), Article 23 - Mineral Resources Law, Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste, Article 28 - Pollution Prevention, Article 29 - Low Level Radioactive Waste Facilities, Article 33 - Pesticides, Article 35 - Detergents and Other Household Cleansing Products, Article 37 - Substances Hazardous or Acutely Hazardous to Public Health, Safety or the Environment and Article 70 - Uniform Procedures. In addition, the Senior Attorney's work will involve the State Administrative Procedures Act (SAPA) and Public Officers Law. This work includes providing legal advice to Department staff regarding permitting matters, statutory interpretations, ensuring compliance with relevant rulemaking requirements, providing advice regarding legal risk or vulnerabilities associated with potential policies under consideration, and serving as a liaison with regional attorneys and the Office of Attorney General.

The description of the duties for this position and approximate percentage of time for each duty
follows.

25% Legal Advice: Provides legal advice on program-related matters to Program Staff as required.

  • Acquires foundation in applicable laws, rules and regulations, declaratory rulings, and Commissioner and division policies.
  • Gathers background information to determine pertinent facts.
  • Meets with program staff to review tentative conclusions; prepares final advice and identifies sensitive issues and potential problem areas.
  • In consultation with OGC management, gives legal advice regarding interpretation, implementation, and enforcement of the ECL and associated regulations.
  • Provides legal counsel to program staff, particularly assisting staff in understanding regulatory requirements specific to their program, identifying potential issues, and preparing final advice.
  • Advises program staff of legislative proposals affecting program responsibilities.
  • Reviews and provides comments on program-related guidance memoranda, policy documents, and consent orders, etc., as requested by program staff.
  • Reviews program-related files which are the subject of Freedom of Information Law requests.

20% Rulemaking: Provides legal advice to program staff and assists in the preparation of documents in the rulemaking process for the following DEC program areas: Materials Management; Mineral Resources; and Environmental Permits.

  • Assists with the review and drafting of regulations to ensure they are written in plain English, unambiguous and consistent with applicable statutory provisions.
  • Provides advice to program staff on the preparation of SAPA and SEQR documents to ensure that the Department's rationale for the rulemaking meets statutory standards and can withstand legal challenges.
  • Meets with outside parties and represents the Department's position in meetings and negotiations with stakeholders on rule development.
20% Prepare and Review Legal Documents: Prepares and assists with the preparation of legal documents, including but not limited to affidavits, motions, briefs memoranda of understanding, environmental impact statements, litigation papers, consent orders, subpoenas, search warrants.

  • Understands the legal issues underlying the documents.
  • Meet with appropriate Department staff to gather specific information as required and prepares final documents.
  • Assists the Office of Attorney General in the preparation of documents for referred cases.
10% Legislation: Reviews and provides advice on proposed incoming legislation and legislation proposed by the Department.

  • Review legislation to identify implementation issues for the Department, including ambiguous and poorly drafted provisions and potential conflicts with existing laws.
  • Provides timely legal response to requests for legislative review.
10% Legal Research and Writing: Conducts legal research on specific legal issues related to program and provides written memoranda as necessary.

  • Reads, analyzes pertinent laws, regulations, cases, Attorney General Opinions, Declaratory Rulings, legal treatises, journals, and other relevant authorities.
  • Presents findings orally or in writing to section/bureau chief and appropriate program staff.
  • Prepares memoranda of law as required; incorporates research into work product and makes research available to others.
  • Maintains research files.
  • Memoranda of law are well-written and appropriately detailed.
5% Litigation and Hearings: Represents the Department in adjudicatory permit hearings and assists with enforcement-related litigation, as necessary. Maintains liaison status with Office of Attorney General and provides legal assistance as necessary on referrals through resolution.

  • Researches the law and facts for administrative cases and prepares documents for proceedings.
  • Prepares for direct and cross-examination of witnesses.
  • Prepares advisory and status reports for OGC management and program staff as necessary.
5% Communication with the public:

  • As directed, meets and communicates with the public, including members of the regulated community, interest groups and governmental entities, on rulemaking, permitting and other regulatory matters.
  • Prepares materials and makes presentations on behalf of the Department as required.
5% Freedom of Information Law:

  • As assigned, perform legal review of documents for privilege in connection with requests submitted pursuant to the Freedom of Information Law.
Minimum Qualifications

Strictly adhered to based on
Civil Service requirements
Reassignment - Currently in the title and an employee of DEC
or

Reinstatement Eligible - Previously held the title on a permanent competitive basis or held a title as indicated under the transfer eligible section on a permanent competitive basis.
or

Transfer Eligible - One year of permanent competitive service at Salary Grade 16 or higher and either:
Eligible for transfer under Section 70.4: Must meet the open competitive minimum qualifications below;
or

Eligible for transfer under Section 52.6: Must have current or prior service in a title designated as 52.6 within two salary grades\one M grade of this position. To determine if your title is designated as 52.6 go to the Department of Civil Service website and search for your title under GOT-IT. In addition you must be a graduate of an accredited law school with an LLB or JD degree and/or be eligible to take the New York State Bar examination. If you are not admitted to the New York State Bar within two years of appointment, your appointment will be terminated.
or

Eligible for transfer under Section 70.1: Permanent competitive service as a Senior Attorney or Senior Attorney Realty.

55-b/55-c Candidates must meet the open competitive minimum qualifications below and include with their resume or application, a copy of the letter from Civil Service which indicates approval for the 55-b/55-c program.

Open competitive minimum qualifications (provided for 55b/c candidates and 70.4 transfer eligibles): graduate of an accredited law school with an LLB or JD degree and/or be eligible to take the New York State Bar examination. If you are not admitted to the New York State Bar within two years of appointment, your appointment will be terminated.

There is a continuous recruitment examination held for these titles. Information on applying to take the open competitive examination for Legal Specialties can be found on the Department of Civil Service website.
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.
To Apply Qualified candidates should forward a resume and/or Employment Application which clearly indicates how the minimum qualifications are met and includes the control number. If you are applying for more than one posting, you must submit a separate resume or employment application for each control number. Send to:

Department of Environmental Conservation
625 Broadway
Albany, New York 12233-5060

Fax: (518) 402-9038

E-Mail: PostingResponses@dec.ny.gov

Additional Notes:

If you are on an eligible list for this title, please state that information and your score in a cover letter.

State employees: If you wish to receive an acknowledgement that your application for this posting was received by the Bureau of Personnel and then receive information on the disposition of the position, please attach two self-addressed stamped envelopes (preferably inter-office or inter-agency) to the application. If you are applying for more than one position, you must include two envelopes for each position.

Some vacancies may be anticipated and may not result in an appointment. Application for any position listed may not result in an interview.

21-610

Applications are being accepted from current state employees, those eligible for reinstatement based on prior permanent competitive service, and candidates on an eligible list for the position. Candidates on the eligible list for the position MUST include the list title and score received in a cover letter.

Senior Attorney
Category of
Information
Posting Specific Information
Control Number 21-610
Application Due By 12/10/2021
Title Senior Attorney / Assistant Attorney 1, 2, and 3
Location: City
DEC Region
Division/Bureau
Schenectady
Region 4
General Counsel
Salary:
Grade:
$60,069 - $108,935 Effective 4/2021
25/18/20/22 Salary and appointment grade level dependent upon qualifications of candidate and negotiating unit.
Work Hours Days
Work Days Mon. - Fri.
Employment Type Permanent Budgeted Item
Appointment Type Contingent Permanent
Jurisdictional Class Competitive
Bargaining Unit/MC PS&T 05 (PEF)
Duties/Responsibilities This position will provide legal counsel to regional program staff on enforcement, permitting, and administrative law enforcement matters before the Department.
This position will have a range of legal responsibilities encompassing a variety of programs, including: air and water quality, freshwater wetlands, protected streams, mining, fish and wildlife, solid and hazardous wastes, petroleum and chemical bulk storage, pesticides, the State Environmental Quality Review Act, the Freedom of Information Law, the State Administrative Procedures Act, the Uniform Procedures Act, and the Climate Leadership and Community Protection Act.

Responsibilities include: negotiation and implementation of Orders on Consent, representing Department staff at administrative enforcement and permit hearings, assisting the Office of the Attorney General in litigation involving the Department, and assisting and reporting to the Regional Attorney in regional legal matters as assigned. Strong advocacy, research, and legal writing skills are required, as well as a commitment to teamwork and excellent written and verbal communication skills with agency colleagues and members of the public.
Minimum Qualifications

Strictly adhered to based on
Civil Service requirements
Reassignment - Currently in the title and an employee of DEC
or

Reinstatement Eligible - Previously held the title on a permanent competitive basis or held a title as indicated under the transfer eligible section on a permanent competitive basis.
or

Transfer Eligible - One year of permanent competitive service at Salary Grade 16 or higher and either:
Eligible for transfer under Section 70.4: Must meet the open competitive minimum qualifications below;
or

Eligible for transfer under Section 52.6: Must have current or prior service in a title designated as 52.6 within two salary grades\one M grade of this position. To determine if your title is designated as 52.6 go to the Department of Civil Service website and search for your title under GOT-IT. In addition you must be a graduate of an accredited law school with an LLB or JD degree and/or be eligible to take the New York State Bar examination. If you are not admitted to the New York State Bar within two years of appointment, your appointment will be terminated.
or

Eligible for transfer under Section 70.1: Permanent competitive service as a Senior Attorney or Senior Attorney Realty.

55-b/55-c Candidates must meet the open competitive minimum qualifications below and include with their resume or application, a copy of the letter from Civil Service which indicates approval for the 55-b/55-c program.

Open competitive minimum qualifications (provided for 55b/c candidates and 70.4 transfer eligibles): graduate of an accredited law school with an LLB or JD degree and/or be eligible to take the New York State Bar examination. If you are not admitted to the New York State Bar within two years of appointment, your appointment will be terminated.

There is a continuous recruitment examination held for these titles. Information on applying to take the open competitive examination for Legal Specialties can be found on the Department of Civil Service website.
Additional Comments Must have a valid driver's license or demonstrate the ability to meet the transportation needs of the position. Travel, overtime, and overnight travel may be required. Weekends and holidays may be required.
To Apply Qualified candidates should forward a resume and/or Employment Application which clearly indicates how the minimum qualifications are met and includes the control number. If you are applying for more than one posting, you must submit a separate resume or employment application for each control number. Send to:

Department of Environmental Conservation
625 Broadway
Albany, New York 12233-5060

Fax: (518) 402-9038

E-Mail: PostingResponses@dec.ny.gov

Additional Notes:

If you are on an eligible list for this title, please state that information and your score in a cover letter.

State employees: If you wish to receive an acknowledgement that your application for this posting was received by the Bureau of Personnel and then receive information on the disposition of the position, please attach two self-addressed stamped envelopes (preferably inter-office or inter-agency) to the application. If you are applying for more than one position, you must include two envelopes for each position.

Some vacancies may be anticipated and may not result in an appointment. Application for any position listed may not result in an interview.

21-611

Applications are being accepted from current state employees, those eligible for reinstatement based on prior permanent competitive service, and candidates on an eligible list for the position. Candidates on the eligible list for the position MUST include the list title and score received in a cover letter.

Senior Attorney
Category of
Information
Posting Specific Information
Control Number 21-611
Application Due By 12/10/2021
Title Senior Attorney / Assistant Attorney 1, 2, and 3
Location: City
DEC Region
Division/Bureau
Avon
Region 8
General Counsel
Salary:
Grade:
$60,069 - $108,935 Effective 4/2021
25/18/20/22 Salary and appointment grade level dependent upon qualifications of candidate and negotiating unit.
Work Hours Days
Work Days Mon. - Fri.
Employment Type Permanent Budgeted Item
Appointment Type Contingent Permanent
Jurisdictional Class Competitive
Bargaining Unit/MC PS&T 05 (PEF)
Duties/Responsibilities The Senior Attorney / Attorney 1/2/3 position involves a wide range of legal responsibilities encompassing a variety of program and Department issues. The successful candidate will handle cases involving water, air, solid waste and hazardous substances, mining, pesticides, petroleum and chemical bulk storage/spills, freshwater wetlands, stream protection, and state land.

Negotiations: Represents the Department in negotiations with regard to enforcement and permit proceedings.

  • Conducts legal and factual research to become familiar with cases and their value as precedent;
  • Meets with regional staff and program attorney to review cases and explore negotiation strategies;
  • Develops negotiation strategy in consultation with Regional Attorney and regional staff;
  • Meets with outside parties and represents the Department in negotiations.
Legal Advice: Provides legal advice on program-related matters to regional staff as required.

  • Acquires foundation in applicable laws, rules and regulations; Declaratory Rulings; Department policy and Division policy;
  • Gathers background information to determine pertinent facts;
  • Meets with Regional Attorney and regional program enforcement staff to review tentative conclusions;
  • Identifies legal issues and prepares legal advice based on Environmental Conservation Law and DEC regulations;
  • In consultation with Regional Attorney, develops enforcement cases from initial strategy through disposition;
  • Provides legal counsel to regional staff, particularly assisting staff in understanding regulatory requirements specific to their programs;
  • Reviews and provides comments on program-related guidance memoranda, policy statements, consent orders, etc.;
  • Stays current on legal and policy updates and changes;
  • Review of program-related files which are the subject of Freedom of Information Law requests.
Preparation of Legal Documents: Prepares and reviews Consent Orders, pleadings, motions, affidavits, briefs, Brownfield Cleanup Agreements, environmental easements, summary abatement orders, subpoenas, search warrants, and other enforcement papers and legal documents.

  • Gains knowledge of legal requirements of such documents;
  • Reviews and evaluates existing documents;
  • Meets with appropriate regional staff to gather specific information as required and prepares final documents.
Hearings and Litigation: Represents the Department in administrative enforcement proceedings and permit hearings, and enforcement-related litigation.

  • Researches law and facts for each case and prepares documents for proceedings;
  • Prepares for direct and cross-examination of witnesses;
  • Represents and advocates for the Department at hearings;
  • Maintains liaison status on referrals through final resolution;
  • Prepares status reports for General Counsel and Regional Attorney and appropriate regional staff.
Legal Research: Conducts legal research on legal issues related to environmental programs.

  • Reads and analyzes all pertinent laws, regulations, cases, Attorney General Opinions, Declaratory Rulings and other relevant authorities;
  • Presents findings orally or in writing to Regional Attorney and appropriate regional staff, maintains research files;
  • Prepares memoranda of law as required, incorporates research into work product and makes research available to others.
Contact with Public:

  • Maintains oral and written contact with the public in general concerning agency data, interpretations and positions;
  • Prepares materials and makes presentations as representative of the Department as required.
Minimum Qualifications

Strictly adhered to based on
Civil Service requirements
Reassignment - Currently in the title and an employee of DEC
or

Reinstatement Eligible - Previously held the title on a permanent competitive basis or held a title as indicated under the transfer eligible section on a permanent competitive basis.
or

Transfer Eligible - One year of permanent competitive service at Salary Grade 16 or higher and either:
Eligible for transfer under Section 70.4: Must meet the open competitive minimum qualifications below;
or

Eligible for transfer under Section 52.6: Must have current or prior service in a title designated as 52.6 within two salary grades\one M grade of this position. To determine if your title is designated as 52.6 go to the Department of Civil Service website and search for your title under GOT-IT. In addition you must be a graduate of an accredited law school with an LLB or JD degree and/or be eligible to take the New York State Bar examination. If you are not admitted to the New York State Bar within two years of appointment, your appointment will be terminated.
or

Eligible for transfer under Section 70.1: Permanent competitive service as a Senior Attorney or Senior Attorney Realty.

55-b/55-c Candidates must meet the open competitive minimum qualifications below and include with their resume or application, a copy of the letter from Civil Service which indicates approval for the 55-b/55-c program.

Open competitive minimum qualifications (provided for 55b/c candidates and 70.4 transfer eligibles): graduate of an accredited law school with an LLB or JD degree and/or be eligible to take the New York State Bar examination. If you are not admitted to the New York State Bar within two years of appointment, your appointment will be terminated.

There is a continuous recruitment examination held for these titles. Information on applying to take the open competitive examination for Legal Specialties can be found on the Department of Civil Service website.
Additional Comments Must have a valid driver's license or demonstrate the ability to meet the transportation needs of the position. Travel, overtime, and overnight travel may be required. Weekends and holidays may be required.
To Apply Qualified candidates should forward a resume and/or Employment Application which clearly indicates how the minimum qualifications are met and includes the control number. If you are applying for more than one posting, you must submit a separate resume or employment application for each control number. Send to:

Department of Environmental Conservation
625 Broadway
Albany, New York 12233-5060

Fax: (518) 402-9038

E-Mail: PostingResponses@dec.ny.gov

Additional Notes:

If you are on an eligible list for this title, please state that information and your score in a cover letter.

State employees: If you wish to receive an acknowledgement that your application for this posting was received by the Bureau of Personnel and then receive information on the disposition of the position, please attach two self-addressed stamped envelopes (preferably inter-office or inter-agency) to the application. If you are applying for more than one position, you must include two envelopes for each position.

Some vacancies may be anticipated and may not result in an appointment. Application for any position listed may not result in an interview.