ASSISTANT GENERAL COUNSEL

About the Department

The Department of Social Services (DSS) comprises 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 through innovative strategies to help families and individuals successfully exit shelter and return to self-sufficiency.

DSS also includes administrative and supportive divisions such as the Office of Legal Affairs, which encompasses the Fair Hearing Administration. The Fair Hearing Administration represents the Agency at NYS Administrative Hearings for programs including 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). It also represents the Agency in administrative hearings involving the Department of Homeless Services and HRA-administered shelters for domestic violence survivors.

The Intentional Program Violation and District Attorney Referral Unit (IPVDAR) provides litigation services and legal counsel to the Commissioner, Chief Accountability Officer/Bureau of Fraud Investigation and Accountability, and executive management on matters relating to fraud, in accordance with Federal, State, and City laws and regulations.

About the Role

Under the general direction of the Special Counsel, the Assistant General Counsel will serve as the Supervising Attorney for the Office of the General Counsel/Fair Hearing IPVDAR Unit. This role involves direct supervision of a team of attorneys who prosecute or defend civil legal actions in court or before administrative bodies, as well as preparing and reviewing legal documents on behalf of the Commissioner.

Responsibilities

• Consult with the Special Counsel to determine, based on facts, evidence, and law, whether an investigation is appropriate for referral to a district attorney’s office or if an intentional program violation has been committed.
• Collaborate with the Special Counsel to supervise attorneys providing legal representation to the Commissioner of the Department of Social Services in administrative hearings and state courts on Intentional Program Violation litigation matters, including Administrative Disqualification Hearings and Article 78 actions.
• Assign, review, revise, and prepare legal opinions and documents across all areas of law.
• Act as a liaison to Federal, State, or local prosecuting agencies, including U.S. Attorney’s Offices, the New York State Attorney General’s Office, or District Attorneys in New York City, for criminal matters related to benefits programs. Responsibilities include identifying and preparing witnesses, preparing evidence, complying with subpoenas, and presenting proposed settlements to senior leadership.
• Assign litigation matters to subordinate attorneys, review and edit legal papers and evidence, conduct legal research, investigations, and witness interviews.
• Prepare written motions, objections, rebuttals, and other legal memoranda.
• Provide legal counsel to program areas and brief them on settlements or stipulations reached.
• Develop litigation strategies, handle complex legal issues, and perform legal research on intricate subject matters.
• Ensure compliance with practice orders for non-admitted attorneys.
• Maintain litigation records and update program areas on the outcome and impact of court decisions and rulings.
• Conduct staff meetings and briefings on the legal status of assigned cases, and prepare reports with recommendations for managerial decisions.
• Meet regularly with investigatory teams to discuss investigations, provide guidance, and report litigation results.
• Prepare transfer and appeal memoranda to the NYC Law Department and reconsideration memoranda for hearings.
• Conduct training for investigatory and legal staff to ensure adherence to rules of evidence and ethics.
• Ensure timely prosecution or disqualifications by docketing judgments in the county clerk’s office or referring sanctioned individuals to the appropriate unit for collection, recoupment, or benefit sanctions.
• Monitor time and leave of subordinate staff, evaluate and rate staff performance, and assist the Special Counsel in management planning, program counseling, and strategy decisions.

Requirements

• Admission to the New York State Bar.
• Four years of recent full-time responsible, relevant, and satisfactory legal experience subsequent to admission to any bar, with eighteen months in the supervision of other attorneys, in an administrative, managerial, or executive capacity, or performing highly complex and significant legal work.
• Must remain a Member of the New York State Bar in good standing for the duration of employment.

Preferred Skills

• Prior District Attorney, criminal court, criminal law education, and/or investigative experience.
• Thorough knowledge of federal, State, and municipal criminal law and procedure.
• Extensive courtroom and administrative tribunal experience.
• Superb legal research and writing skills.
• Exceptional organizational skills and attention to detail.
• Proven time management skills.
• Extensive supervisory experience of attorneys.
• Outstanding communication skills, disposition, and ability to work independently and collaboratively.

Additional Information

New York City Residency is not required for this position.

As a prospective employee of the City of New York, you may be eligible for federal loan forgiveness programs and state repayment assistance programs. For more information, visit the U.S. Department of Education’s website.