Associate Counsel – VID 189254 Position Available In Albany, New York

Basics Schedule Location Job Specifics How to Apply Indicates whether if this vacancy posting is part of the

NY HELPS

Program. NY HELP No The agency in which the vacancy exists. Agency General Services, Office of The job title for the vacancy. Title Associate Counsel – VID 189254 The job title for the vacancy. Occupational Category Legal The salary grade for this vacancy. Salaries are determined by salary grade and bargaining unit. Salary Grade 663 The collective bargaining unit to which this vacancy is assigned. Bargaining Unit M/C – Managerial/Confidential (Unrepresented) The minimum and maximum of the salary range for this vacancy. Salary Range From $111925 to $141439 Annually Indicates whether this job is full-time or part-time. If the job is part-time, an estimated percentage will be provided. Employment Type Full-Time This indicates the type of job, typically permanent, temporary, or provisional. ‘Provisional’ means that the appointment will be temporary until the incumbent takes and passes an appropriate civil service examination. Appointment Type Temporary Jurisdictional class is the indicator for how this job can be filled. The classified service is governed by the Civil Service Commission, and consists of competitive, non-competitive, exempt, and labor classes. ‘Competitive class’ indicates that the applicant must take and pass an appropriate civil service examination. ‘Non-competitive class’ indicates that the applicant’s qualifications will be evaluated without a civil service examination. ‘Exempt class’ indicates that the applicant will be evaluated by methods other than competitive or non-competitive, and that incumbents will not be granted tenure. ‘Labor class’ requires that applicants possess skills or other physical characteristics that cannot effectively be evaluated by other means. The unclassified service is legislatively defined, and includes such positions as elected officials, department and agency heads, and all academic personnel in public schools, colleges, and universities. Jurisdictional Class Exempt Class Estimates the percentage of time incumbents of this vacancy will be required to travel. Travel Percentage 0% This provides information on the expected workweek. Workweek Mon-Fri The number of hours in the workweek, typically 37.5 or 40 for full time, or any other number for part time. Hours Per Week 37.5 Workday The start time for this vacancy. If the agency employs flextime, this will be the earliest time this vacancy’s shift can start. From 9 AM The end time for this vacancy. If the agency employs flextime, this will be the latest time this vacancy’s shift can end. To 5 PM If checked, the agency allows flextime. Flextime allowed? No If checked, this vacancy includes mandatory overtime. Mandatory overtime? No If checked, this agency allows compressed workweek scheduling. Compressed workweek allowed? No If checked, this agency allows telecommuting for this position. Telecommuting allowed? Yes The county in which the vacancy is located. County Albany The street address where the vacancy is located. Street Address Corning Tower, ESP The city where the vacancy is located. City Albany The state where the vacancy is located (the default is New York). State NY The zip code where the vacancy is located. Zip Code 12242 The duties that the incumbent of the vacancy will be expected to perform. Duties Description Under the general direction of a Supervising Attorney, this position’s core responsibility is to act as the lead program attorney for the agency’s Design and Construction program, which includes providing legal advice on construction contract formation and administration including bid disqualifications, withdrawals, change orders, mechanics’ liens, bankruptcy, and the defense and settlement of contract claims. Experience with bankruptcy and surety law is helpful, but not required. Key functions of this position include, but are not limited to the following:

• Provide legal advice on the formation and administration of public works and design-build contracts including bid disqualifications, disputes, withdrawals, assignments, project labor agreements and vendor responsibility.
• Provide legal advice to program staff regarding contract disputes, change orders, mechanics liens, bankruptcy and the defense and settlement of delay claims and other contract claims.
• Negotiate with legal counsel for sureties on surety takeover letters, assignment of monies, tender agreements, completion of projects under performance bonds.
• Prepare settlement recommendation forms and, after approval, participates in settlement negotiations and drafts settlement proposals, appeals, stipulations, and dismissals in matters having an effect on agency programs or policies or those matters having a monetary exposure for the State.
• In consultation with the counsel of record (Assistant Attorney General or outside counsel), formulates the OGS position and the strategy for the prosecution or defense of actions or proceedings.
• Review and revise draft pleadings, affidavits, and legal memoranda to ensure the facts are clearly and precisely presented and arguments are advanced persuasively.
• Supervise the activities of attorneys engaged in construction, litigation, and related matters.
• Advise agency managers and program administrators on the effective implementation of laws and regulations relating to construction related issues.
• Advise agency managers and program administrators on the legality of current and proposed agency action and policy relating to construction.
• Analyze program requests for statutory and regulatory changes.
• Review proposed legislation and regulations to determine their effect on agency practices and policies primarily relating to construction and drafts agency comments on such proposals.
• Where warranted, suggest changes to statute and agency regulations.
• Provide guidance on bankruptcy matters, stays, trust fund disputes and other implications of such filings.
• Performs other duties as assigned by the Counsel, the Deputy Counsel, and the Supervising Attorneys.

The minimum qualifications required for this vacancy. Minimum Qualifications Candidates must have been admitted to the New York State Bar and must have had four years of experience in the practice of law subsequent admission to the Bar.

Preferred Qualifications:

Five years’ experience with construction contracting and construction litigation.

NOTE:

IN ORDER TO AWARD THE PROPER CREDIT FOR WORK EXPERIENCE, RESUMES SHOULD INCLUDE MONTH AND YEAR FOR START AND END DATES ALONG WITH THE HOURS PER WEEK FOR EACH POSITION LISTED.

Additional comments regarding the vacancy. Additional Comments This position is temporary, pending Civil Service Commission action to place the position in the Exempt class. OGS Legal Services consists of 17 attorneys, one paralegal, and four administrative staff. We have established a cordial, energetic, law firm-type of atmosphere that operates with a very supportive team approach. All attorneys have a private office with windows. Workdays are a family-friendly 7.5 hours, with additional hours required rarely and only as project needs demand. OGS has adopted a telecommuting policy that permits eligible employees to work remotely up to two days per week; new attorneys are eligible after successful completion of a probationary period. The Office of General Services (OGS) is an equal opportunity employer, and we recognize that diversity in our workforce is critical to fulfilling our mission. We encourage applicants from all communities to apply. For a full version of OGS’s EEO/AA statement and benefits joining Team #OneOGS, please visit http://www.ogs.ny.gov/employment. Some positions may require additional credentials or a background check to verify your identity. The name of the contact person for this vacancy. Name Human Resources/AG The telephone number to use for questions about this vacancy. Telephone 518-473-5282 The fax to use for this vacancy. Fax 518-486-1631 Email address for emailing applications, or to ask questions about this vacancy. Email Address HRresumes@ogs.ny.gov Address The street address of the contact for this vacancy. Street NYS Office of General Services, HRM 31st Floor Corning Tower, Empire State Plaza The city for the contact for this vacancy. City Albany The state of the contact for this vacancy (the default is New York). State NY The zip code for the contact for this vacancy. Zip Code 12242 Instructions for potential applicants. Notes on Applying Please submit a resume and cover letter detailing how you meet the minimum qualifications along with the month/year and hours per week for each position listed. Indicate the Position Title & Vacancy ID number of each position you are applying to.