ELU Agency Attorney

Closing Date: 21st July, 2024

Description:

The Administration for Children's Services (ACS) protects and promotes the safety and well-being of children and families through child welfare and juvenile justice services and community supports. ACS manages community-based supports and foster care services, and provides subsidized child care vouchers. ACS child protection staff respond to allegations of child maltreatment. In juvenile justice, ACS oversees detention, placement and programs for youth in the community.

The Employment Law Unit (ELU) is responsible for investigating allegations of both on-duty and off-duty misconduct on the part of ACS employees, as referred by ACS program areas and other appropriate units both within ACS and through external agencies, such as EEO or Personnel, as well as by relevant external agencies such as DOI or 311. ELU presents Civil Service Law Section 75 disciplinary proceedings against ACS employees with disciplinary rights and advises the General Counsel and the Commissioner on disciplinary penalties and settlements, as well as on responses to misconduct on the part of employees without disciplinary rights. ELU also handles matters of employee unfitness under Civil Service Law Section 72.

ELU is tasked with responding on behalf of the Agency to external discrimination complaints in the areas of employment or public accommodation in front of the Federal EEOC, NYSDHR, and NYCHRC. ELU provides policy and program support and guidance to Agency leadership on employment law issues and provides relevant orientation to new employees.

Tasks and responsibilities include but are not limited to:

• Collect and analyze evidence of employee misconduct under section 75 of the Civil Service Law, including but not limited to extensive child protective case records, time and leave records, incident reports, criminal court documents
• Assess evidence of employee unfitness to perform job duties under section 72 of the Civil Service Law, proceed with such matters as appropriate
• Draft disciplinary charges and draft summaries of employees' unfitness
• With in court supervision as needed, prepare cases for trial and argue them at internal hearings and before administrative bodies including but not limited to NYC Office of Administrative Trials and Hearings (OATH)
• Participate in investigative interviews of witnesses and subjects
• Determine the advisability of presenting witnesses, admissibility of types of evidence and matters of legal strategy
• Recommend settlements and negotiate, draft, and process stipulations of settlement
• Conduct legal research and prepare briefs, memoranda, and other documents
• Investigate and respond to charges of discrimination filed with the United States Equal Employment Opportunity Commission, New York State Division of Human Rights and New
• York City Commission on Human Rights by preparing position statements based on facts and applicable law
• Attend arbitrations and acts as liaison with the New York City Office of Labor Relations; Serve as liaison with the New York City Law Department on lawsuits involving employment discrimination and discipline, and liaise with other government agencies as needed Collaborate with other ACS divisions and program areas, including but not limited to OHR, ACS Office of Equal Employment Opportunity, ACS Office of Labor Relations, and assist in providing training regarding employment law issues to ACS supervisors and managers
• Fulfill DOI information requests with regard to employees under DOI investigation, in accordance with applicable legal requirements

Additional Info:

• Section 424-A of the New York Social Services Law requires an authorized agency to inquire whether a candidate for employment with child-caring responsibilities has been the subject of a child abuse and maltreatment report.

Minimum 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).

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.

---