Deputy Commissioner, General Counsel

The New York City Department of Correction (DOC) is an integral part of the City’s evolving criminal justice system, participating in reform initiatives and strategies aimed to move the City towards a smaller jail system without compromising public safety. The DOC is responsible for maintaining a safe and secure environment for our employees, visitors, volunteers and people in our custody. Importantly, safe jails enable DOC to provide people in custody with the tools and opportunities they need to successfully re-enter their communities. The DOC operates facilities and court commands across the five boroughs with more than 9,500 diverse professionals and knowledgeable experts.

Under the general direction of the Commissioner with wide latitude to exercise independent judgment, the Deputy Commissioner for Legal Matters & General Counsel will serve as the key legal and policy advisor on all legal, policy, operational and administrative issues impacting the Department and formulating policy on many complex and sensitive legal issues and procedures as they affect the Department. The General Counsel serves as a legal advisor to the Executive Staff and the Department on the broad range of issues affecting the Department, and serves as a liaison to other Federal, State, and local government agencies, including the New York City Law Department, state and federal prosecutors, The New York State Commission on Correction, the New York City Board of Correction, and the courts.

The General Counsel will be responsible for managing the daily operations of the Department’s Legal Division which includes over 30 staff consisting of both attorneys and support staff members. The General Counsel will set performance goals, objectives, and priorities for all Legal Division staff. The Legal Division is responsible for providing legal advice on the myriad complex and sensitive legal issues affecting the Department. This includes, but is not limited to the following:
- Representing the Department in external administrative proceedings brought by Department
employees, visitor, and persons in custody alleging violations of Equal Employment statutes and
Federal, State, and local human rights laws.
- Assisting the New York City Law Department in defending lawsuits brought against the
Department and its employees, including claims brought pursuant to Section 1983 of the civil
rights law.
- Supporting the Department’s compliance efforts with respect to the agency’s oversight obligations.
- Drafting and reviewing proposed legislation and providing advice on the impact of legislation
on the Department.
- Preparation and review of Department standard contract forms, stipulations, affidavits,
memorandum of understandings, and special contracts and other legal documents. Legal Division
attorneys may participate directly in contract negotiations and settlement negotiations.
- Representing the Department in administrative appeals of disciplinary infractions and special
status adjudications brought by persons in custody through the Department’s writ court.
- Responding to subpoenas served by Federal, State, and City law enforcement entities including
the NYPD, the five district attorney offices, the New York State Parole Revocation unit, and the
U.S. Attorneys offices.
- Responding to FOIL requests and appeals.
- Oversee aspects of the Department’s Risk Management and Accountability System (RMAS)
implementation and operations.
- Researching matters of criminal law in foreign jurisdictions to determine applicability of recent
City law restricting the power of the Department to enforce detainers issued by the United State
Agency for Immigration and Customs Enforcement.
- Overseeing implementation of and compliance with multiple consent decrees and voluntary
compliance agreements including, but not limited to, the Nunez Consent Judgment and the ADA
Voluntary Compliance Agreement.
- Assisting the Department in all aspects of the BOC rulemaking process, including fact-finding,
legal research and analysis, consultation with the Law Department, and translation of Department
policies and practices into draft BOC rules, or amendments thereto, if necessary.
- Collaborating with BOC, H+H, and other City agencies, City Hall, City Council, and external
criminal justice stakeholders.

The General Counsel will directly supervise two Deputy General Counsels who provide daily supervision of all Legal Division staff in addition to complex legal work, as well as one Executive Agency Counsel who is primarily responsible for preparation and review of Department contracts and memoranda of understanding. The General Counsel is directly responsible for the analysis and resolution of legal queries and issues, including, but not limited to, the amendment and implementation of Department policies in compliance with existing laws, regulations, and guidance set by Federal, State, and City authorities. The General Counsel is frequently called upon to represent the Department through testimony at Board of Correction meetings and City Council hearings. The General Counsel will also directly supervise the Department’s Adjudications Unit, which is responsible for the fair and impartial adjudication of disciplinary infractions served on persons in custody accused of violating Department rules. The Adjudications Unit is comprised of uniformed staff in the rank of Captain and above.

EXECUTIVE AGENCY COUNSEL - 95005

Admission to the New York State Bar; and four years of recent full-time responsible, relevant, satisfactory legal experience subsequent to admission to any bar, eighteen 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.

The City of New York is an inclusive equal opportunity employer committed to recruiting and retaining a diverse workforce and providing a work environment that is free from discrimination and harassment based upon any legally protected status or protected characteristic, including but not limited to an individual's sex, race, color, ethnicity, national origin, age, religion, disability, sexual orientation, veteran status, gender identity, or pregnancy.