Position Summary: The Records Access Unit is comprised of two sub-units: (1) the FOIL Unit; and (2) the Subpoena Unit.
Under the direction of the Deputy Counsel of the New York City Public Schools (NYCPS) Records Access Unit, engages in difficult and complex legal work having significant financial, legal, procedural, and policy consequences. Performs related work.
Reports to: Deputy Counsel and Assistant Deputy Counsel of the Records Access Unit
Direct Reports: N/A
Key Relationships: Division of Operations and its various offices, other offices in the Office of the General Counsel, NYC Law Department.
Responsibilities Level 1 Freedom of Information Law (FOIL) Responsibilities
- Processes FOIL requests, including monitoring compliance with FOIL-related legal obligations, reviewing records for responsiveness and lawful redaction (with an emphasis on first-level review work), and drafting FOIL legal determinations.
- Carries out NYCPS policy and legal mandates related to FOIL requests.
- Communicates with individuals both inside and outside the NYCPS concerning actual or potential requests.
- Reviews authorizations, releases, and proofs of identification as it pertains to records access and the potential release of sensitive information.
- Provides ongoing technical assistance to other NYCPS staff.
- Maintains and utilizes databases and other time management tools to monitor FOIL compliance, e.g., timeliness of responses, appropriateness of released materials, etc.
- Conducts legal research and drafts legal memoranda concerning FOIL and other related statutes.
- Organizes files and documents/preserves strategy and/or progress throughout life cycle of request.
Subpoena and other responsibilities
- Provides ongoing technical assistance with respect to subpoenas, discovery demands, and court orders.
- Performs legal research and drafts motions, oppositions, affidavits/affirmations or other legal memoranda.
- Reviews and redacts records; serves and files responses.
- Supports the Subpoena Unit staff on an as-needed basis.
Level 2 In addition to the duties and responsibilities described above, performs the following:
FOIL Responsibilities
- Reviews records for responsiveness and conducts lawful redaction with an emphasis on both first- and second-level review.
- Performs ediscovery tasks including searching, uploading, reviewing, redacting and finalizing productions of electronically maintained records.
- Communicates with NYCPS offices, schools, and other individuals concerning actual or potential requests.
- Ensures that proper procedures concerning consent and authentication of identity are being followed.
- Recommends strategies and drafts determinations.
- Creates, tracks, and/or updates reports pertaining to the progress of FOIL requests.
- Oversees the processing of requests from inception to closure.
- Assists with training and other special projects on an as-needed basis.
Subpoena, Records Retention and Other Records-Related Responsibilities
- Assists the Subpoena Unit in monitoring and processing of subpoenas and other records requests.
- Ensures that the Subpoena Unit files and database content are updated with respect to subpoenas.
- Communicates with NYCPS offices, other agencies, and other individuals relating to the processing of subpoenas.
- Reviews and/or accepts service of subpoenas duces tecum or other legal process.
- Participates and conducts meetings or makes court appearances on an as-needed basis.
Level 3 In addition to the duties and responsibilities described above, performs the following:
FOIL Responsibilities .
- Implements NYCPS policy and legal mandates related to FOIL requests.
- Processes FOIL requests and appeals, monitors compliance of FOIL-related legal obligations, reviews records for responsiveness and lawful redaction, and drafts FOIL legal determinations.
- Coordinates with program offices and stakeholders in formulating responses.
- Provides recommendations with respect to the Public Officers Law; Chancellor Regulations, and the Family Educational Rights and Privacy Act.
- Communicates with the press, government officials, and other individuals on actual or potential requests, and coordinates press requests with the Office of Communications and/or other offices within the NYCPS.
- Makes recommendations to the General Counsel and/or designees regarding FOIL appeals.
- Acts as a liaison to the New York City Law Department with respect to FOIL-related litigation or directly supports and/or prepares drafts for litigation arising from FOIL.
- Conducts e-discovery related tasks, including formulating Boolean searches and management of document review tools.
- Handles other record requests on a special basis, including those involving challenging or complicated document retrieval issues, as well as requests requiring coordination among multiple offices or agencies.
- Responsible for data governance issues related to the FOIL Unit, including management of the FOIL Unit database and ensuring the quality of all database entries.
- Collaborates with the Deputy Counsel and/or designees on strategic initiatives involving FOIL Unit request processes, database enhancements, and workflow improvements.
Subpoena, Records Retention and Other Records-Related Responsibilities
- Prepares documents in response to subpoenas, court orders, etc.
- Appears in court, serves as attorney of record, drafts/files motions, oppositions, letters, etc. if needed.
- Communicates with NYCPS offices, schools, and/or external parties to ensure proper authorizations are obtained, or mandated notices are issued prior to compliance.
- Coordinates with the NYC Law Department on litigation strategy and discovery.
- May advise on record retention-related issues.
- Assists with training and dissemination of best practice methods within the unit and across the agency.
- Monitors and troubleshoots e-discovery and other subpoena challenges.
- Trains staff and identifies best practices for e-discovery and case management.
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: In addition to meeting the minimum Qualification Requirements:
To be assigned to Level II, candidates must have one year of experience at Assignment Level I or two years of comparable legal experience subsequent to admission to the bar, in the areas of law related to the assignment.
To be assigned to Level III, candidates must have three years of progressively responsible United States legal experience subsequent admission to any state bar.
Special Note: Selected candidates must remain members of the New York State Bar in good standing for the duration of their employment.
Preferred - Strong project management experience.
- Strong knowledge of Microsoft Office 365 applications.
- Ability to quickly grasp applicable law and regulations.
- Ability to write clearly and concisely.
- Strong legal research skills.
- Experience in FOIL and other related laws.
- Experience with Adobe Acrobat.
- Experience with document review software.
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. 
