ASSISTANT GENERAL COUNSEL, EMPLOYMENT LAW UNIT

Job Description

The Employment Law Unit (ELU) provides legal counsel throughout the Department of Social Services/Human Resources Administration and the Department of Homeless Services program areas by providing labor and employment law advise and counsel; overseeing the prosecution of disciplinary matters under the State Civil Service Law by litigating disciplinary cases before the Office of Administrative Trials and Hearings (OATH); defending the Agency before Federal, State, and City EEO enforcement agencies by preparing legal responses to complaints filed by employees and clients, litigating EEO complaints before civil and administrative tribunals, and investigating EEO and misconduct allegations; serving as legal counsel for the Human Capital Management (HCM); and providing counsel to the Commissioner, leadership, and other senior management.

Under the overall general supervision of the Senior Deputy General Counsel, and the specific supervision of the Associate General Counsel for ELU, the Assistant General Counsel, with wide latitude for independent judgment and decision-making, directly supervises the attorney and support staff of the ELU by assigning legal cases to staff based on an assessment of case complexity, ensuring that all case management tools such as case tracking reports are updated and completed and ensuring that staff adheres to all legal and agency standards. The Assistant General Counsel serves as the contact person with external agencies such as the Law Department to review the conduct of outside litigation and proposes case settlements as appropriate, shares evidentiary, and otherwise confidential, documents with outside enforcement agencies such as the Conflict of Interest Board and the District Attorney and ensures that any sharing of materials is appropriate and complies with all applicable laws and agency rules.

The Office of the General Counsel is recruiting for an Executive Agency Counsel M-I to function as Assistant General Counsel for the Employment Law Unit who will:

- Direct the activities of the ELU by supervising the Agency Attorney and support staff, tracking incoming cases and assigning cases based on case complexity, ensuring that staff are performing the appropriate level of volume of work, and competent in completing assigned legal tasks, and providing legal guidance on successful trial advocacy. The Assistant General Counsel may act on behalf of the Senior Deputy General Counsel and the Associate General Counsel, in their absence, by attending meetings with senior agency managers and providing appropriate legal advice, and otherwise ensure that senior managers within the department and outside are fully apprised of issues that require the attention of senior management and working with senior managers on newly emerging issues.

- Serve as the point of contact for other agencies and outside entities that regularly conduct business with the ELU, including the Department of Investigations, the City Office of Labor Relations, the Department of Citywide Administrative Services, the Law Department, and other government oversights, by conducting meetings and telephone conferences and providing appropriate and satisfactory outcomes to their requests, which may include preparing complex legal memoranda, executive summaries, and/or briefing the General Counsel, Senior Deputy General Counsel, and the Associate General Counsel on recommended courses of action.

- Review complex EEO litigation issues by preparing confidential legal summaries which identify relevant legal issues and proposed legal resolutions, these may include memoranda recommending investigations, disciplinary action, and other proposed management resolutions. In the absence of the Senior Deputy General Counsel and Associate General Counsel, acts on their behalf to meet with the General Counsel and other senior leadership to identify and resolve emerging legal and investigate issues, such as decisions to suspend employees for serious misconduct, authorizing investigative actions to review emerging complaints, and counseling senior managers on newly filed legal actions and appropriate responses to subpoenas, temporary restraining orders, and requests for injunctive relief.

- Prepare legal opinions on Conflict of Interest issues such as legal waivers, opinion for reviewing employee outside activities, and ensuring that monthly data collection reports are provided to the Senior Deputy General Counsel, including required reports filed with DCAS, the EEO Office, the Conflict of Interest Board, and other outside and internal partners and oversights.

- Litigate complex and high-profile discipline and EEO cases which are beyond the expertise of subordinate attorney staff, and conduct appropriate legal training throughout the agency to ensure ou