Closing Date: 28th May, 2024

Description:

The Deputy General Counsel (Deputy) will report directly to, and work under the supervision and direction of, the General Counsel. The Deputy will collaboratively support the Executive Director, the General Counsel, and the Board in carrying out the Board's Charter-mandated functions and in maintaining an atmosphere of ethics and integrity in all organizational endeavors. The Deputy will assist the General Counsel in managing relationships with the Department of Correction (DOC) and Correctional Health Services (CHS), the Law Department, pro bono counsel who are utilized for specific research and second opinions, other City agencies, and external stakeholders, such as the criminal defense bar and criminal justice organizations.

The Deputy will provide legal assistance and advice on a wide range of matters, including rule-making; compliance with BOC Minimum Standards, and federal, state and local laws and regulations; Board governance; risk management and external litigation; labor and employment; contracts and MOUs; ethics and conflicts of interest; privacy and confidentiality; and Freedom of Information Law (FOIL) requests. The Deputy will also provide professional advice on critical strategic and public policy issues facing the Board.

The Deputy is charged with assisting the General Counsel, the Executive Director, and the Board in the following areas:

Rulemaking, Regulatory Compliance, and Risk Management
Translate policies and practices into, and draft, Board rules.
Review Board rules, and propose rules or amendments thereto, to correct inconsistencies, close gaps, etc.
Assist the Board in all aspects of the rulemaking process, including fact-finding, legal research and analysis, consultation with the Law Department, and with pro bono counsel, if necessary.
Collaborate with DOC, CHS and other City agencies, City Hall, City Council, and external criminal justice stakeholders in fact-finding and opinion sharing that will inform the Board's rulemaking.
Provide advice and counsel to ensure the Board meets all statutory and regulatory requirements.
Advise the Board on, and interpret, federal, state and local laws and regulations that affect or inform the Board's work.
Monitor changes in federal, state and local statutory/regulatory environment, and review and comment on proposed laws and regulations, relating to the Board's functions.
Provide advice and counsel concerning interpretation, violation, and enforcement of BOC Minimum Standards, and work with the Law Department and pro bono counsel (if necessary) in obtaining legal opinions on these issues.
Advise the Board on how to support and enhance the Board's governance processes.
Advise and develop protocols for minimizing and managing risks facing the Board and its staff.
Respond to, and manage compliance with, audit findings and recommendations from other government oversight agencies including the City and State comptrollers.
Advise the Board and Board staff on NYC conflicts of interest rules and government ethics issues.
Serve as a liaison to the NYC Law Department on external litigation.

Legal Affairs

Support the Board's mission and Charter-mandated functions through legal support and guidance.
Identify and research legal issues, and advise the Board accordingly through oral presentations and legal research memoranda.
Advise on a wide range of matters involving correctional law, statutes and regulations regarding rights of persons in custody, conditions of confinement, and other correctional issues.
Advise on labor, management and personnel matters involving labor and equal employment and regulations.
Negotiate, draft, interpret and manage contracts and agreements with other government agencies and private entities.
Provide guidance on confidentiality and privacy issues related to incarcerated individuals and interagency sharing of medical and mental health information about this population.
Serve as the Board's Records Access Officer, manage and respond to FOIL and other information requests, and establish protocols with respect thereto.
Guide and supervise the Board's Legal Associate in matters related to FOIL, policy and legal research, and other duties as assigned by the Deputy, the General Counsel, and the Executive Director.

Policy and Strategy Development

Work with the Board in developing, drafting and implementing policy priorities and strategic initiatives.
Work collaboratively with City Hall, city agency partners, and members of the criminal justice community in achieving criminal justice reforms.

Special Investigations

Staff the Board's Committee on Deaths, Near-Deaths, and Serious Injuries, working collaboratively with Board members and staff to develop committee priorities and projects.
Guide and supervise the Board's Director of Special Investigations by advising on best investigatory practices and ensuring that all relevant records are gathered and appropriately synthesized into comprehensive memos or reports.
Assist in the drafting, reviewing, and editing of comprehensive investigative reports on deaths, near-deaths, and other incidents in custody, including the identification of relevant findings and formulation of impactful recommendations to DOC and CHS to avoid future incidents and improve operations.

The Deputy will also perform other duties as determined by the General Counsel and the Executive Director.

Minimum Qualification Requirements:

Admission to the New York State Bar; and
Four (4) years of recent full-time responsible, relevant, satisfactory legal experience subsequent to admission to any bar, 18 months of which must have been in the supervision of other attorneys, in an administrative, managerial or executive capacity, or performing highly complex and significant legal work.

Incumbents must remain Members of the New York State Bar in good standing for the duration of this employment.

Experience / Skills Preferred:

Familiarity with criminal justice and correctional policy and law.
Experience working with a legislative board or commission is preferred.
Working knowledge of the Citywide Administrative Procedure Act (CAPA), Open Meetings Law, FOIL, and NYC procurement rules.
Strong analytic skills and ability to frame legal issues in ways that inform organizational decision-making.
Exceptional ability to make well-informed, timely, and tough decisions.
Highly skilled at solving problems through application of technical knowledge, critical analysis and risk assessment.
Excellent legal research abilities, organizational skills, and attention to detail.
Exceptional written and verbal communication skills, including ability to convey complex information to a variety of audiences.
Proven ability to work as a creative member of a legal team in a highly congenial and expanding organization and in a fast-paced and changing environment.
Highly skilled at working collaboratively and effectively with a wide range of government and external entities.
Commitment to the mission of the NYC Board of Correction.
Highly collaborative style, ethics, initiative, maturity, and leadership skills.
Service as an incarcerated individual in correctional or related facility may be substituted for a portion of the required experience up to a maximum of two years.