Litigation Support Counsel

The NYC Department of Environmental Protection (DEP) enriches the environment and protects public health for all New Yorkers by providing 1.1 billion gallons of high-quality drinking water, managing wastewater and stormwater, and reducing air, noise, and hazardous materials pollution. DEP is the largest combined municipal water and wastewater utility in the country, with nearly 6,000 employees. DEP's water supply system is comprised of 19 reservoirs and 3 controlled lakes throughout the system’s 2,000 square mile watershed that extends 125 miles north and west of the City.

DEP’s Bureau of Legal Affairs (BLA), headed by General Counsel Elissa Stein Cushman, serves as in-house counsel to DEP. The work of the Bureau is managed by four units, representing the large array of matters that come before it, divided as follows: Environmental Affairs Unit, Water Supply & Environmental Litigation Unit, Contracts & Employment Unit, and Infrastructure & Operations Unit. The members of the Bureau are responsible for ensuring that all the agency’s legal needs are addressed, working in conjunction with the New York City Law Department, which represents the agency in litigation.

BLA is seeking a Litigation Support Counsel to serve in the Litigation Support Unit, which is a part of the Infrastructure & Operations Unit within BLA. Due to its extensive infrastructure and operations, DEP is party to numerous lawsuits and claims filed with the New York City Comptroller and in Court. The Litigation Support Counsel will work on Tort matters, supporting New York City Law Department attorneys who represent the agency in Court and Comptroller personnel who adjust claims against the City. The Litigation Support Counsel will also work on litigation relating to DEP’s Bureau of Customer Services (BCS), which oversees DEP’s billing for the supply of water and wastewater services to its many residential and commercial customers.

For the Tort-related work, under the general direction of the Director for Risk Management and Litigation Support, with wide latitude for independent judgment and unreviewed action and decision, the Litigation Support Counsel shall direct the work of the Litigation Support Unit’s staff and coordinate with other DEP personnel to implement and, as necessary, revise protocols for searching and compiling electronic and hardcopy records; perform data mapping; track matters by function; identify witnesses, coordinate witness appearances, and provide guidance to witnesses appearing for depositions and testifying at trial; respond to subpoenas; implement evidence preservation policies; and provide counsel regarding affirmative claims relating to damage to DEP infrastructure. In connection with these tasks, this attorney will compile and report metrics regarding the Unit’s functions. This attorney will often work in partnership with DEP’s other bureaus and offices, in particular Water and Sewer Operations, Records and Archives Management, and Information Technology, so as to coordinate litigation support with their operations and policies.

For the BCS-related work, under the general direction of the Senior Counsel for Operations and Litigation in the Infrastructure and Operations Unit, with wide latitude for independent judgment and unreviewed action and decision, the Litigation Support Counsel shall assist in:

(a) the review and editing of trial court and appellate legal pleadings in affirmative collection litigation, Article 78 proceedings challenging the New York City Water Board’s administrative determinations, and bankruptcy, foreclosure and other litigation arising out of BCS’s operations;
(b) settlement negotiations;
(c) advising BCS on legal and policy issues relating to procedures, notices and other customer communications;
(d) advising BCS on submitting and processing claims relating to unpaid water and wastewater charges on property in bankruptcy or subject to foreclosure;
(e) facilitating and providing legal advice to BCS in responding to discovery requests, civil and criminal subpoenas, and FOIL requests; and
(f) tracking BCS-related litigation.

***Occasional travel, sometimes by car, within New York City, and possibly upstate, to DEP facilities***

***If the selected candidate is new to City service, they will start at the hiring rate of the position which is $84,498.00.*****

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.