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Assistant Counsel, NS (Management/Confidential)

The New York State Education Department’s Office of Counsel is seeking applicants for the position of Assistant Counsel. The Assistant Counsel will service as Litigation Manager and assist the Department’s Counsel and Deputy Commissioner for Legal Affairs in providing necessary legal services to the Board of Regents, the Commissioner of Education and Department staff. Duties include, but are not limited to, the following:

  • Provide legal advice and counsel to the Board of Regents, Commissioner of Education and high-level Department managers on major educational issues and other priority matters affecting the Department and educational institutions throughout the State. The Counsel relies on the knowledge, skills and experience of the Assistant Counsel to assist Department clients at all levels with minimum supervision;
  • Manage and oversee the Department’s litigation caseload, administrative proceedings and supervision of staff attorneys in these areas;
  • Provide effective and necessary assistance to the Attorney General (AG) in litigation handled by the AG and providing effective representation in litigation and administrative proceedings handled by the Department’s Office of Counsel;
  • Perform a variety of legal services, with minimal supervision, including legal research, preparing legal briefs, negotiating and preparing legal documents, reviewing and drafting contracts and memoranda of understanding and similar functions;
  • Serve as a member of the Office of Counsel’s management team, which is responsible for the creation and implementation of office policy, oversight of office staff, and the analysis and resolution of the Department’s most complex legal issues;
  • Create and review legal assignments, providing or directing appropriate training; directing subordinate staff in the preparation of technically complex, precedent-setting or other difficult casework; assist in the determination of assignment priorities in accordance with organizational needs or timetables; and participate on assigned Office of Counsel functional work teams;
  • Prepare and review Commissioner’s decisions in appeals brought under Education Law §§306 and 310, FOIL, and other similar administrative appeal processes, and
  • Handle special assignments, serving as the Counsel’s representative, and performing such other managerial responsibilities, as the Counsel may direct.
Minimum Qualifications: 

Candidates must have a J.D. degree, be admitted to the New York State Bar, have at least five years of legal experience, and significant experience with civil litigation, including administrative proceeding.  Preference will be given to candidates who have a background in Education Law and experience related to litigation involving state agencies and officers, as well as managerial and/or supervisory experience.

Conditions of Employment: 

This position is in the exempt jurisdictional class, and the incumbent will serve at the discretion of the Commissioner of Education. Filling of this position is contingent on Division of the Budget approval.

*Salary will be commensurate with education and experience.


Qualified candidates should send a resume and letter of interest to omsjobs@  (Email submissions are preferred).  You must include the Box number (EXEC-78/00109) of the position in the subject line of your email and cover letter to ensure receipt of your application. In order to qualify for the position when you have current or prior New York State employment, you may be contacted by SED Personnel for your social security number to confirm your State employment history.

Grade Level: 
Negotiating Unit: 
*Salary will be commensurate with education and experience.
Box #: 
Email Address: 

Office Information

Office of Human Resources Management
NYS Education Department
89 Washington Avenue, Room 528 EB
Albany, NY 12234
Fax (518) 486-5631

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An Affirmative Action/Equal Opportunity Employer