Senior Attorney/ Assistant Attorney 1,2,3 (NY HELPS) - 2344

Duties Description 1. The attorney is responsible for reviewing the criminal histories of applicants for employment as set forth above. These applicants may be called on to perform the intimate care of dressing, toileting and bathing patients; providing medications when appropriate, including controlled substances; helping with financial matters including cashing checks, writing checks, using credit cards, and visiting ATMs; cleaning house and having access to all the patient’s belongings and all the patient’s personal identifying information.
2. The Attorneys review and analyze files for accuracy and completeness and render employment eligibility decisions.
3. They provide legal advice and opinions to agency staff, complainants and others about the activities and services provided by the agency.
4. They interpret pertinent laws, rules, regulations, and procedures and are responsible for additional projects as assigned by the Unit Leader.
5. The CHRC attorney seeks, pursuant to a number of laws, to balance the rights of those previously convicted with the need to protect vulnerable patients. CHRC attorneys also review all applicants in the database (approx.3,000,000) for changes in determination as additional criminal information becomes available.
6. review new rap sheets to determine whether an applicant should receive an initial proposed denial (pending denial) or approval for employment based only on a review of the convictions set forth on the applicant rap sheet;
7. to review pending denial cases that are more than 30 days old to determine whether an applicant may now be approved because sufficient proof of rehabilitation has been submitted or whether the applicant should be denied because of insufficient proof of rehabilitation;
8. to review all applicants again when the applicant seeks new employment at a different provider; 4) to notify providers of any new charges an applicant may acquire in New York State. In addition, should the applicant seek to appeal the final decision denying employment, CHRC attorneys work with the Bureau of Litigation and the Attorney General’s office to document the Department’s position on the appeal. Each of these steps requires that a new review take place and the appropriate legal letter generated. These reviews are done through the utilization of a paperless computer system. Due to the sensitivity of this information, no paper documents are maintained over the long term. Other duties may be assigned as appropriate, including legislative drafting and opinions with respect to proposed legislation. Attorneys in this unit make between two and three hundred decisions on average per week. Some of these decisions take more deliberation, such as in the case of final determinations, some less, but all decisions are time consuming. In addition, while an applicant may receive a final determination, no final determination is truly final. An applicant who has been denied may continue to submit additional information to the CHRC attorney in hopes that he may obtain approval to work. These re-reviews of prior decisions are also a constant part of each attorney’s workload.
9. The CHRC attorney must be able to work independently on this computer system. Attorney decisions must be made at a very fast pace, the work is immediate and constant throughout the day. In addition, the CHRC attorney caseload of applicants has grown exponentially since its inception in September of 2006. These applicants need to be reviewed again if there is any change in their charge history or employment. Thus, each attorney’s workload can be expected to grow with seniority in the position.

Minimum Qualifications Reassignment: Current NYS Department of Health (DOH) employee with permanent or contingent permanent status as an Assistant Attorney 1, NS, Assistant Attorney 2, NS, Assistant Attorney 3, NS or Senior Attorney, G-25.

Transfer: Current NYS employee with one year of permanent or contingent permanent competitive service in a title eligible for transfer under Section 70.1 of the Civil Service Law.

NY HELPS:

Assistant Attorney 1, NS: Law school graduation and/or eligibility for NYS Bar Admission.

Assistant Attorney 2, NS: Admission to NYS Bar.

Assistant Attorney 3, NS: 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.

NOTE: Admission to the New York State Bar and current registration to practice law in New York State is required for continued employment. Disbarment or loss of registration shall result in termination or suspension of employment. Position may be filled at the Senior Attorney level or one of the Assistant Attorney traineeship appointment levels. Appointment title will be dependent upon qualifications of candidate selected. This position may be designated 55-b/c and is subject to verification of applicant eligibility.

Preferred Qualifications: Candidate will be a law school graduate with an interest in criminal law and a civil service legal career. Candidate will be proficient in Microsoft Office, including, Word, Excel, PowerPoint, SharePoint, and Adobe. Candidate will have experience in legal writing and analyzing legal issues and statutory/regulatory interactions. Will also have experience communicating effectively with colleagues of all levels, including management. Candidate will have excellent organizational and time management skills. Candidate will have the ability to multi-task in a fast-paced highly confidential legal office environment, handling shifting priorities, and perform duties and functions independently.

Additional Comments This position is part of the NYS HELPS program. No examination is required.

This position may require travel throughout New York State including overnights to areas not served by public transportation.

We offer a work-life balance and a generous benefits package, worth 65% of salary, including:

• Holiday & Paid Time Off
• Public Service Loan Forgiveness (PSLF)
• Pension from New York State Employees’ Retirement System
• Shift & Geographic pay differentials
• Affordable Health Care options
• Family dental and vision benefits at no additional cost
• NYS Deferred Compensation plan
• Access to NY 529 and NY ABLE College Savings Programs, and U.S. Savings Bonds
• And many more...

The NYS Department of Health is committed to making New York a safer, healthier, and more equitable place to live. Understanding health equity, social determinants of health and health disparities is critical to accomplish our goal of eliminating health disparities. For more information on the NYS Department of Health’s Mission, Vision, Values and Strategic Plan, please visit:

If you require reasonable accommodation to complete a job application, a job interview or to otherwise participate in the hiring process, please contact by phone 518-486-1812 or email [email protected] to make a request.

NYS Department of Health does not participate in E-Verify and does not sponsor visa applications.

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.

Some positions may require additional credentials or a background check to verify your identity.