Managing Attorney – Central Records Access Officer (13200)

Board of Education of City of New York New York, NY
Position Summary: In conjunction with and under the direction of the New York City Department of Education's Chief Privacy Officer (CPO), the Managing Attorney – Central Records Access Officer (CRAO) is responsible for ensuring that the DOE remains in compliance with New York's Freedom of Information Law (FOIL). The CRAO supervises and oversees the day-to-day functioning of the FOIL Unit. The CRAO may also act on the CPO's behalf in the CPO's absence. The CRAO engages in difficult and complex legal work having significant financial, legal, procedural, and policy consequences. The CRAO formulates and proposes FOIL-related policies and procedures for consideration by the CPO and senior officials at the DOE. Performs related work.

Reports to: Chief Privacy Officer

Direct Reports: Attorney and Administrative Staff in the FOIL Unit

Key Relationships: Chancellor's Office, Office of Communications and External Affairs, Division of Operations, Office of School Support and Supervision, Division of Teaching and Learning, Division of Specialized Instruction and Student Support, Office of the Chief Financial Officer, Office of Student Enrollment, NYC Law Department.

Responsibilities

Freedom of Information Law (FOIL) Responsibilities

* Manages and supervises the day-to-day operations of the FOIL workstream, including assigning and reviewing the work of other attorneys and administrative staff members, and ensuring that the DOE is in compliance with its FOIL-related obligations. Coordinates requests, gathers records from DOE offices, reviews records for responsiveness and redactions permitted pursuant to Public Officers Law §87(2), and delegates related tasks as appropriate. Ensures that appropriate and timely responses are sent and that requests are forwarded to the appropriate schools/offices for substantive response.

* Determines FOIL requests as the DOE's CRAO.

* Collaborates with the CPO on formulating and implementing Department policy and legal mandates related to FOIL requests.

* Communicates with the press, government officials, and other individuals on actual or potential requests and coordinates press requests with the Office of Communications and Media Relations.

* Provides ongoing technical assistance to other DOE legal and non-legal staff on FOIL-related matters and legal questions.

* Consults with the NYC Law Department on strategy, papers and discovery in litigation, and recommends settlements and adjustments.

* Supervises and reviews the work of FOIL Unit staff attorneys and administrative support staff.

* Formulates and prepares reports with respect to FOIL compliance on an as-needed basis.

* Maintains and utilizes databases and other time management tools to monitor compliance, e.g., timeliness of responses, appropriateness of released materials, etc.

* Makes recommendations to the General Counsel regarding FOIL appeals.

* Conducts legal research on complicated legal issues.

Subpoena, Records Retention and Other Records-Related Responsibilities

* On an as needed basis, assists with providing ongoing technical assistance on various subpoena and records issues, including FERPA and other privacy-related matters, discovery demands for tort litigation and records retention; assists with the supervision of the Subpoena Unit.

* Prepares documents in response to court orders on subpoenas, and appears in court if needed.

* Coordinates with the NYC Law Department on strategy, papers and discovery in related litigation and recommends settlements and adjustments.

* Upon consultation with and under the direction of the CPO, drafts rules and regulations for the DOE.

Qualification Requirements:

Minimum

Admission to the New York State Bar; and four years of recent full-time satisfactory, relevant 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.

NOTE: Selected candidates must remain members of the New York State Bar in good standing for the duration of their employment.

Applicants who have a client with a legal or business matter pending against, before or with the DOE must obtain such client's consent to apply for employment with the DOE. If invited to interview for this position, such applicants are required to disclose the nature of such matters at the interview.

Preferred

* Extensive experience with processing and responding to FOIL requests.

* Ability to quickly grasp applicable law and regulations.

* Ability to write clearly and concisely.

* Strong legal research skills and extensive drafting experience.

* Experience with the full Microsoft Office suite, including intermediate-level or higher experience with Excel.

Salary: $102,788+

(Internal candidates who are selected for this position and who currently hold comparable or less senior positions within the DOE will not make less than their current salary.)

Please include a resume and cover letter with your application.

Applications will be accepted until position is filled.

NOTE: The filling of all positions is subject to budget availability and/or grant funding.

AN EQUAL OPPORTUNITY EMPLOYER

It is the policy of the Department of Education of the City of New York to provide educational and employment opportunities without regard to race, color, religion, creed, ethnicity, national origin, alienage, citizenship status, age, marital status, partnership status, disability, sexual orientation, gender (sex), military status, prior record of arrest or conviction (except as permitted by law), predisposing genetic characteristics, or status as a victim of domestic violence, sexual offenses and stalking, and to maintain an environment free of harassment on any of the above-noted grounds, including sexual harassment or retaliation. Inquiries regarding compliance with this equal opportunity policy may be directed to: Office of Equal Opportunity, 65 Court Street, Room 1102, Brooklyn, New York 11201, or visit the OEO website at http://schools.nyc.gov/OEO