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.

Qualification Requirements:

Minimum

1. Admission to the New York State Bar; and either 2 or 3 below.

2. One year of satisfactory United States legal experience subsequent to admission to any state bar; or

3. 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.

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.
AN EQUAL OPPORTUNITY EMPLOYER
DOE Non- Discrimination Policy
The Department of Education of the City of New York is an inclusive equal opportunity employer committed to recruiting and retaining a diverse workforce and providing a work environment that is free from discrimination and harassment upon any legally protected status or protected characteristic, including but not limited to an individual's actual or perceived sex, race, color, ethnicity, national origin, age, religion, disability, sexual orientation, gender identity, veteran status, or pregnancy. For more information, please refer to the DOE Non-Discrimination Policy .
Public Service Loan Forgiveness As a prospective employee of the City of New York, you may be eligible for federal loan forgiveness programs and state repayment assistance programs. For more information, please visit the U.S. Department of Education's website at https://studentaid.gov/pslf/ .