Position Summary: Under the supervision of the Executive Deputy Counsel and the Director of Compliance, with some latitude for independent judgment and unreviewed action and decision making, the Commercial Unit Attorney - Compliance
is responsible for assisting the Director of Compliance in addressing matters of contract and vendor compliance. In addition, the Commercial Unit Attorney - Compliance,
is responsible for assisting in fulfilling the Department's obligation to only award contracts to "responsible" vendors by assisting in the research and evaluation of potentially adverse information. Performs related work. Reports to: Managing Team Attorney and Executive Deputy Counsel (Commercial Unit)
Direct Reports: N/A
Key Relationships: Division of Contracts and Purchasing (DCP), Division of Early Childhood Education (DECE), Office of Pupil Transportation (OPT), various other program offices, and various internal offices of OGC including the General Practice Unit (GPU) and the Office of Legal Services (OLS), vendors, central and school based clients and numerous City, State and Federal government agencies and investigative entities such as the Special Commissioner of Investigation (SCI), Department of Investigation (DOI), the New York City Law Department and the Department of Health and Mental Hygiene (DOHMH).
Responsibilities - Researches and reviews lien documents, laws, statutes, rules, regulations, policies and procedures to determine vendor compliance.
- Reviews contracts to determine whether vendors are in compliance with the terms and conditions as they relate to price, performance, etc.
- Reviews purchase orders to determine types of work, services and goods provided by vendors to Department schools and program offices.
- Recommends revisions to applicable statutes, regulations, rules, policies, and procedures related to Department issues and drafts proposed changes.
- Assists in the development of procurement policies and procedures for the Department.
- Advises non legal Department staff on a variety of legal compliance related issues.
- Determines which legal and other issues require more legal analysis and review and refer matters via memoranda to the appropriate internal departments and external authorities, such as the New York City Law Department, the Office of the Special Commissioner of Investigation for the New York City School District or other appropriate law enforcement agencies.
- Recommends and assists with the resolution of complex contract compliance matters, including drafting and implementing vendor corrective action plans, issuing correspondence requiring vendor reimbursement of funds received through erroneous billing and other corrective and remedial actions.
- Interacts with attorneys in other City agencies on complex vendor compliance matters.
- May give testimony at depositions on litigation regarding contract compliance and/or contract payments and/or contract termination.
- Researches prospective and existing vendors of the New York City Public Schools (NYCPS) and their principal owners/officers, conducting research utilizing public and proprietary databases.
- May recommend that a vendor be found non responsible and be determined not eligible to receive a contract award from the Department.
- May recommend that a vendor's contract be terminated for cause.
- Drafts show cause letters in coordination with DCP that require vendors to respond on matters of contract compliance or matters of vendor responsibility.
- Drafts correspondence with DCP that may terminate a vendor's contract for cause or convenience, find the vendor non responsible, require that the vendor cease and desist interactions/marketing/operations and other areas of activity with the NYCPS, among other things.
- Processes, records, and stores information including compiling, reviewing and maintaining all information and evidence gathered pertaining to qualifications, histories and allegations of impropriety regarding vendors and their owners, officers and employees.
- Communicates clearly and effectively, with internal offices, vendors and City, State and Federal agencies to resolve problems discovered during a vendor background check while always maintaining a proper professional demeanor.
Qualification Requirements: Minimum Admission to the New York State Bar; and either 2 or 3 below. One year of satisfactory United States legal experience subsequent to admission to any state bar; or Six months of satisfactory service as an Agency Attorney Intern (30086). Note: 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.
Note: Selected candidates must remain members of the New York State Bar in good standing for the duration of their employment.
Preferred - Familiarity with matters of vendor responsibility, contract compliance, or government procurement.
- Accountable and proactive with excellent interpersonal, problem solving, leadership, organizational, communication, and negotiation skills.
- Strong quantitative and qualitative analytical skills; critical writing and problem solving skills.
- Able to multitask to complete job functions in an orderly, efficient manner.
- Performs detailed work with a high degree of accuracy.
- Ability to use computer software programs used in researching information and preparing reports.
- Proficiency in Microsoft Office 365 applications and research tools.
- Strong Excel skills to analyze large amounts of data and reports in summary format.
Salary : $106,607 - $111,107
(Internal candidates who are selected for this position and who currently hold comparable or less senior positions within the DOE will not earn less than their current salary.)
Please include a resume and cover letter with your application. NOTE: The filling of all positions is subject to budget availability and/or grant funding. * New York City Residency is NOT Required * We encourage all applicants from the New York City tri-state area to apply. 
