Agency Attorney, Level III

The Fire Department of the City of New York (FDNY) is the largest Fire Department in the United States and universally is recognized as the world's busiest and most highly skilled emergency response agency. The Department's main goal is to provide fire protection, emergency medical care, and other critical public safety services to residents and visitors in the five boroughs. FDNY members are sworn to serve and protect life and property and the Department works to continually educate the public in fire, life safety and disaster preparedness, along with enforcing public safety codes. Since its inception in 1865, FDNY has helped lead efforts to make New York the safest big city in the nation. This accomplishment requires a steadfast and daily commitment to maintaining the Department's core values.
The FDNY seeks a full-time Agency Attorney Level III to dually serve in the Equal Employment Opportunity ("EEO") Office and the Bureau of Investigations and Trials ("BITs") with a primary focus on prosecuting EEO matters with sufficient evidence of an EEO Policy violation through the Department’s due-process pathways, including stepped/departmental hearings and trials at the New York City Office of Administrative Trials and Hearings ("OATH"). Reporting primarily to the Assistant Commissioner of BITs and working in close coordination with the Assistant Commissioner of EEO, Labor Relations, and other FDNY bureaus, the successful candidate will, with minimal oversight and substantial independent judgment:
- Litigate and prosecute disciplinary cases arising from EEO investigations with sufficient proof of a violation, from charging through resolution.
- Draft, refine, and serve charges/specifications; prepare witnesses and exhibits; conduct pre-hearing conferences, Step hearings, and first-chair OATH trials.
- Evaluate case posture (e.g., aggravation/mitigation, credibility, comparators, penalty ranges) and recommend appropriate resolution, including negotiating settlements, last-chance agreements, and remedial terms.
- Manage the litigation record: motions, discovery demands/responses, subpoenas, evidentiary and in-limine applications, summations/post-hearing briefs, and appeals where applicable.
- Advise senior leadership on case strategy, precedent, and risk; provide clear, time-sensitive updates and written recommendations.
AGENCY ATTORNEY - 30087

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).
Incumbents must remain Members of the New York State Bar in good standing for the duration of this employment.
In addition to meeting the minimum Qualification Requirements:
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.

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.