NYS Department of Environmental Conservation
Associate Counsel
NYS Department of Environmental Conservation, Albany, New York, United States,
Minimum Qualifications
Four years post-bar admission legal experience. The ideal candidate will have seven years of post-bar criminal experience with duties listed.
NOTE: This position is Non-Competitive Phi-Designated.Duties Description
The Associate Counsel serves as DEC’s criminal attorney, providing counsel to the Divisions of Law Enforcement (DLE) and Forest Protection (DFP). The attorney will work primarily on criminal matters raised by DLE and DFP, and also provide counsel to the two programs.The position must include litigation experience, as we seek to expand our role in having DEC prosecute some of its own criminal violations. It is expected that DEC will seek delegations from local District Attorneys to directly pursue matters in criminal courts. The Associate Counsel will also work closely with the Department of Justice, the State Attorney General’s Office, and local District Attorneys, on referrals for criminal litigation; and with the programs on drafting and reviewing enforcement guidance, policy and initiatives; reviewing regulations and legislative proposals regarding criminal matters; and analyzing and responding to inquiries from Executive and program staff. The attorney may also work on enforcement matters that proceed administratively.The Associate Counsel may be asked to perform other duties, including special projects in other program areas, and to assist the programs with workload management.40% Negotiations:
Represents the Department in negotiations with regard to consent orders and other enforcement related negotiations for the various programs the divisions enforce, along with cases involving other permit and enforcement-related matters.Conducts legal and factual research to become familiar with cases and their value as precedent;Meets with staff, officers, and where needed, program attorney to review cases and explore negotiation strategies;Develops negotiation strategy in consultation with officers and staff;Meets with outside parties and represents the Department in negotiations and prosecutions.40% Hearings and Litigation:
Represents the Department in criminal and administrative litigation, adjudicatory hearings, and enforcement-related litigation involving violations of the Environmental Conservation Law (ECL).Researches law and facts for each case and prepares documents for proceedings;Prepares for direct and cross-examination of witnesses;Represents the Department at proceedings;Maintains liaison status on referrals through resolution;As needed, receives delegations to prosecute criminal matters and handles all aspects of the prosecution;Prepares status report for Bureau Chief and appropriate staff and prepares final report of outcome.10% Preparation of Legal Documents:
Prepares or reviews complaints, search warrants, arrest papers, subpoenas, and settlement documents.Gains knowledge of legal requirements of such documents;Reviews and evaluates existing documents;Prepares draft documents including pleadings, motions, briefs, affidavits and other legal documents;Meets with appropriate officers and staff to gather specific information as required and prepares final documents.10% Legal Advice:
Provides legal advice on enforcement-related matters to program staff as required.Acquires foundation in applicable laws, rules and regulations, Declaratory Rulings, Department policy and DEC policy;Trains officers and program staff in applicable criminal processes;Gathers background information to determine pertinent facts;Meets with officers and staff to review tentative conclusions;Prepares final advice and identifies problem areas;In consultation with bureau chief, develops criminal and other enforcement cases, gives legal advice in enforcing the ECL and relevant regulations;Reviews and provides comments on program-related guidance memoranda, policy statements, consent orders, etc.;Reviews program-related files which are the subject of Freedom of Information Law requests.Additional Comments
Must have a valid driver’s license or demonstrate the ability to meet the transportation needs of the position. 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 OffPublic Service Loan Forgiveness (PSLF)Pension from New York State Employees’ Retirement SystemShift & Geographic pay differentialsAffordable Health Care optionsFamily dental and vision benefits at no additional costNYS Deferred Compensation planAccess to NY 529 and NY ABLE College Savings Programs, and U.S. Savings BondsAnd 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.DEC is an Equal Opportunity Employer.
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Four years post-bar admission legal experience. The ideal candidate will have seven years of post-bar criminal experience with duties listed.
NOTE: This position is Non-Competitive Phi-Designated.Duties Description
The Associate Counsel serves as DEC’s criminal attorney, providing counsel to the Divisions of Law Enforcement (DLE) and Forest Protection (DFP). The attorney will work primarily on criminal matters raised by DLE and DFP, and also provide counsel to the two programs.The position must include litigation experience, as we seek to expand our role in having DEC prosecute some of its own criminal violations. It is expected that DEC will seek delegations from local District Attorneys to directly pursue matters in criminal courts. The Associate Counsel will also work closely with the Department of Justice, the State Attorney General’s Office, and local District Attorneys, on referrals for criminal litigation; and with the programs on drafting and reviewing enforcement guidance, policy and initiatives; reviewing regulations and legislative proposals regarding criminal matters; and analyzing and responding to inquiries from Executive and program staff. The attorney may also work on enforcement matters that proceed administratively.The Associate Counsel may be asked to perform other duties, including special projects in other program areas, and to assist the programs with workload management.40% Negotiations:
Represents the Department in negotiations with regard to consent orders and other enforcement related negotiations for the various programs the divisions enforce, along with cases involving other permit and enforcement-related matters.Conducts legal and factual research to become familiar with cases and their value as precedent;Meets with staff, officers, and where needed, program attorney to review cases and explore negotiation strategies;Develops negotiation strategy in consultation with officers and staff;Meets with outside parties and represents the Department in negotiations and prosecutions.40% Hearings and Litigation:
Represents the Department in criminal and administrative litigation, adjudicatory hearings, and enforcement-related litigation involving violations of the Environmental Conservation Law (ECL).Researches law and facts for each case and prepares documents for proceedings;Prepares for direct and cross-examination of witnesses;Represents the Department at proceedings;Maintains liaison status on referrals through resolution;As needed, receives delegations to prosecute criminal matters and handles all aspects of the prosecution;Prepares status report for Bureau Chief and appropriate staff and prepares final report of outcome.10% Preparation of Legal Documents:
Prepares or reviews complaints, search warrants, arrest papers, subpoenas, and settlement documents.Gains knowledge of legal requirements of such documents;Reviews and evaluates existing documents;Prepares draft documents including pleadings, motions, briefs, affidavits and other legal documents;Meets with appropriate officers and staff to gather specific information as required and prepares final documents.10% Legal Advice:
Provides legal advice on enforcement-related matters to program staff as required.Acquires foundation in applicable laws, rules and regulations, Declaratory Rulings, Department policy and DEC policy;Trains officers and program staff in applicable criminal processes;Gathers background information to determine pertinent facts;Meets with officers and staff to review tentative conclusions;Prepares final advice and identifies problem areas;In consultation with bureau chief, develops criminal and other enforcement cases, gives legal advice in enforcing the ECL and relevant regulations;Reviews and provides comments on program-related guidance memoranda, policy statements, consent orders, etc.;Reviews program-related files which are the subject of Freedom of Information Law requests.Additional Comments
Must have a valid driver’s license or demonstrate the ability to meet the transportation needs of the position. 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 OffPublic Service Loan Forgiveness (PSLF)Pension from New York State Employees’ Retirement SystemShift & Geographic pay differentialsAffordable Health Care optionsFamily dental and vision benefits at no additional costNYS Deferred Compensation planAccess to NY 529 and NY ABLE College Savings Programs, and U.S. Savings BondsAnd 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.DEC is an Equal Opportunity Employer.
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