Senior Attorney/Assistant Attorney 1, 2, 3(NY HELPS)

Attorney Position

The APA Office of Counsel is seeking candidates for an attorney position. This position may be filled at the Senior Attorney (SG-25) level. The attorney in this role will serve as a transactional and regulatory law generalist, with a portfolio centered on Freedom of Information Law (FOIL) compliance, contract review, procurement law, and related government operations and ethics matters.

Given APA's unique statutory framework and mandate, the successful candidate will possess familiarity with the legal landscape governing land use agencies, environmental permitting, and New York Public Officers Law or the demonstrated ability to learn new areas of law and process and advise various stakeholders on those matters effectively.

At the Senior Attorney level, and within the developmental scope of the traineeship, the attorney in this position will be expected to perform duties that include:

• Freedom of Information Law (FOIL) Administration
• Serve as, or support the agency's Records Access Officer and/or Records Management Officer
• Oversee, manage and respond to document requests such as subpoenas and FOIL requests
• Review agency records for responsiveness and applicable exemptions under Public Officers Law, and draft determinations consistent with legal requirements
• Advise program staff on records retention and disclosure obligations to facilitate FOIL compliance and record retention compliance
• Monitor developments in FOIL caselaw and Committee on Open Government guidance relevant to agency operations
• Answer inquiries from the general public concerning document requests

• Contracts and Procurement
• Review, draft, and negotiate a range of contracts including professional services agreements, interagency agreements, memoranda of understanding, and cooperative agreements
• Provide legal guidance on contracts, grants and procurement methods under State Finance Law, including competitive bidding, requests for proposals, discretionary purchasing thresholds, and compliance with federal and state funding conditions
• Advise on vendor responsibility determinations, protests, and procurement integrity requirements
• Support compliance with relevant procurement requirements, such as the Minority and Women-Owned Business Enterprise (MWBE) and Service-Disabled Veteran-Owned Business (SDVOB) program
• Advise program managers and operations staff on contract terms, risk allocation, insurance requirements, and compliance with Office of General Services (OGS) and Office of State Comptroller (OSC) requirements
• Coordinate with OSC pre-audit requirements and ensure contracts are properly authorized in accordance with state finance law and agency delegations
• Maintain and update standard form agreements and contract templates for recurring agency needs

• General Legal Support
• Conduct legal research and prepare memoranda of law, advisory opinions, and legal correspondence on agency regulatory and operational questions, such as evidentiary questions, burden of proof standards, and procedural issues arising in administrative proceedings
• Review proposed legislation and regulations for impact on agency operations
• Assist in preparing agency staff and program personnel for appearances in contested permit proceedings
• Coordinate witness preparation, exhibit organization, and documentary evidence compilation for administrative proceedings
• Monitor and summarize legal decisions involving the APA and comparable land use agencies for use in agency guidance and policy development
• Support the General Counsel and agency leadership on special projects as assigned

Preferred Qualifications

The following qualifications are preferred but not required. Candidates with these skills are encouraged to apply regardless of prior government experience:

• Familiarity with FOIL, FOIA, or public records law in New York or another jurisdiction
• Knowledge of or interest in environmental, land use, or administrative law
• Experience with government contracts, procurement, or public finance law
• Experience drafting policy memoranda, legal opinions, or transactional documents in a government or regulatory context
• Strong research and writing skills with ability to communicate complex legal issues to non-attorney audiences
• Demonstrated ability to work collaboratively with colleagues across disciplines, including program staff, administrators, and external partners, in a team-oriented environment
• Experience providing solution-oriented legal guidance to internal clients, with a service-minded approach that supports agency operations rather than simply identifying legal risk
• Ability to manage competing priorities and deadlines across multiple active matters while maintaining accuracy and attention to detail
• Demonstrated initiative in identifying issues, proposing improvements to legal or administrative processes, and following through on assignments with minimal supervision
• Positive, collegial approach to legal work, with a willingness to assist colleagues and adapt to evolving agency needs in a small Agency setting
• Experience working in or with a regulatory, permitting, or land use agency, or in a rural or geographically distinct community context, is a plus but not required

Minimum Qualifications

NY HELPS Non-Competitive Minimum Qualifications:

Admission to the NYS bar and two years of post-licensure professional legal experience.

Position may be filled at the Senior Attorney level or one within the Legal Traineeship appointment levels. Appointment title will be dependent upon qualifications of candidate selected.

Assistant Attorney 1 (Grade 18): Law school graduation and/or eligibility for NYS Bar Admission

Assistant Attorney 2 (Grade 20): Admission to NYS Bar

Assistant Attorney 3 (Grade 22): 12 months as an Assistant Attorney 2, or Admission to the NYS Bar and 12 months of subsequent satisfactory legal experience

Senior Attorney (Grade 25): 12 months as an Assistant Attorney 3, or Admission to the NYS Bar and 24 months of subsequent satisfactory legal experience

It is expected that employees hired under NY HELPS will have their non-competitive employment status converted to competitive status in the future, without having to compete in an examination. Employees will then be afforded all of the same rights and privileges of competitive class employees of New York State. While serving permanently in a NY HELPS title, employees may take part in any promotion examination for which they are qualified.

Competitive Minimum Qualifications:

A review of your state history is needed, if you meet any of the below Permanent Competitive qualifications. Please provide the last four digits of your social security number in your email response or on your resume. If you are not comfortable providing this information via email, a representative from our office will contact you via phone.

Admission to the New York State Bar and current registration to practice law in New York State is necessary for continued employment. Disbarment or loss of registration shall result in termination or suspension of employment.

Candidates reachable on the Civil Service Eligible list(s) will be canvassed. However, you may also apply if you are eligible for appointment by one of the following qualifications:

Reassignment Qualifications: Current New York State Department of Labor employee with one year or more of permanent, contingent-permanent or 55 b/c service as a Senior Attorney. An employee with less than one year of permanent competitive service is eligible for reassignment to a different geographic location if reachable for appointment in the new location.

70.1 Transfer Qualifications: One year of permanent or contingent-permanent as a Grade 25 or higher determined to be similar by Civil Service.

52.6 Transfer Qualifications: Current State employees may qualify for transfer if you have one year of permanent competitive service in a title allocated to a Grade 23 or above and your title is designated "Administrative" under Section 52.6 of the Civil Service Law. * Transfer candidates must also possess a law degree from an accredited college or university and be able to provide evidence of current registration to practice law in New York State.

*Transfer candidates qualify for one consecutive upward transfer of one M grade or two salary grades.

NOTE: If you have questions regarding transferability please contact the Career Mobility Office at View email address on click.appcast.io

Note: It is essential that you describe your qualifying education and/or experience as completely as possible on your application; your application should describe in detail the kind of service and information you provide to the general public. Omissions or vagueness may not be interpreted in your favor. Additionally, in accordance with Civil Service Law, provisional service immediately prior to a permanent appointment to this title is now credited towards the completion of probation upon permanent appointment.

As this position requires travel, the appointee must have a valid license to operate a motor vehicle in New York State and have a motor vehicle or otherwise demonstrate their capacity to meet the transportation needs of the position.

Salary Grade:

Assistant Attorney 1 (Grade 18): Law school graduation and/or eligibility for NYS Bar Admission