Associate Counsel

Duties Description

The Associate Counsel serves as DEC’s criminal attorney, providing counsel to the Divisions of Law Enforcement (DLE) and Forest Protection (DFP). The attorney will replace a promoted attorney and work primarily on criminal matters raised by DLE and DFP, while also offering counsel on other matters to both programs.

The Associate Counsel must have 5 years of criminal prosecution experience and will collaborate closely with the Department of Justice, the State Attorney General’s Office, and local District Attorneys. Duties include drafting and reviewing enforcement guidance, policy and initiatives; reviewing regulations and legislative proposals regarding criminal matters; analyzing and responding to inquiries from Executive and program staff; and handling administrative enforcement matters.

The role requires strict confidentiality and strong interpersonal skills to maintain productive internal and external relationships.

Other duties may include special projects in other program areas and workload management assistance.

• Acquire and maintain knowledge of legal requirements of such documents.
• Review, evaluate, and update existing documents.
• Prepare documents including pleadings, motions, briefs, affidavits and other legal documents.
• Meet with appropriate officers and staff to gather specific information and prepare final documents.

• Acquire and maintain knowledge and understanding of applicable laws, rules and regulations, Declaratory Rulings, Department policy and DEC policy.
• Train officers and program staff in applicable criminal law and procedures, as well as internal policies and procedures.
• Gather background information to determine pertinent facts.
• Meet with officers and staff to review tentative conclusions.
• Prepare final advice and identify problem areas.
• In consultation with bureau chief, develop criminal and other enforcement cases and give legal advice in enforcing the environmental conservation law and relevant regulations.
• Review and provide comments on program-related guidance memoranda, policy statements, consent orders, etc.
• Review of program-related files which are the subject of Freedom of Information Law (FOIL) requests.

• Research law and facts for each case and prepare documents for proceedings.
• Prepare for direct and cross‑examination of witnesses.
• Represent the Department at proceedings.
• Maintain liaison status on referrals through resolution.
• Prosecute criminal matters together with District Attorney Offices and as needed, receive delegations to prosecute criminal matters and handle all aspects of the prosecution.
• Prepare status reports and final reports of outcome for Bureau Chief and appropriate staff.

• Conduct legal and factual research to become familiar with cases and their value as precedent.
• Meet with staff, officers, and program attorney to review cases and explore negotiation strategies.
• Develop negotiation strategy in consultation with officers and staff.
• Meet with outside parties and represent the Department in negotiations and prosecutions.

Minimum Qualifications:

NYS Bar Admittance and four years of post‑bar experience.

Preferred Qualifications:

Five years of post‑bar criminal law experience.

Must have a valid driver’s license or demonstrate ability to meet transportation needs of the position.

Overtime, overnight travel, emergency response and telecommuting may be required; telecommuting may be discussed at interview.

• Holiday & Paid Time Off
• Public Service Loan Forgiveness (PSLF)
• Pension from New York State Employees’ Retirement System
• Shift & Geographic pay differentials
• Affordable Health Care options
• Family dental and vision benefits at no additional cost
• NYS Deferred Compensation plan
• Access to NY 529 and NY ABLE College Savings Programs, and U.S. Savings Bonds

The Department of Environmental Conservation (DEC) is committed to fostering a culture of diversity, equity, inclusion, and accessibility. DEC embraces a diverse and inclusive work environment by encouraging all individuals, including those with disabilities, to apply to open positions at the agency.

Please be advised, the New York State Department of Environmental Conservation does not use E‑Verify, and we are unable to provide sponsorship for employment visa statuses (i.e. H‑1B, Self‑Sponsorship, STEM OPT).

For new State employees appointed to graded positions, the annual salary is the hiring rate (beginning of the Salary Range) of the position. Promotion salaries are calculated by the NYS Office of the State Comptroller in accordance with NYS Civil Service Law, OSC Payroll rules and regulations and negotiated union contracts.