Records Access & Chief Privacy Officer

The New York City Department of Correction (DOC) is an integral part of the City’s evolving criminal justice system, participating in reform initiatives and strategies aimed to move the City towards a smaller jail system without compromising public safety.

The DOC is responsible for maintaining a safe and secure environment for our employees, visitors, volunteers, and people in our custody.

Importantly, safe jails enable DOC to provide people in custody with the tools and opportunities they need to successfully re-enter their communities.

The DOC operates facilities and court commands across the five boroughs with more than 7, diverse professionals and knowledgeable experts.

The General Counsel’s Office is seeking to recruit an Agency Attorney Level IV whose duties will include serving in the position of Records Access and Chief Privacy Officer for the Department.

Under the leadership of the Deputy Commissioner for Legal Matters or designee, and with wide latitude for independent initiative and judgment, the Records Access and Chief Privacy Officer is responsible for overseeing the Department’s response to Freedom of Information Law requests for agency records, as well as serving as the Department’s Chief Privacy Officer responsible for interpreting and applying local law governing the disclosure of personal identifying information.

The Department receives a high volume of FOIL requests.

In of the role of Records Access Officer, the Agency Attorney Level IV provides direct supervision of support staff tasked with obtaining and redacting agency records in response to FOIL requests, tracks mandatory response deadlines, and assigns and reviews FOIL responses by other legal division attorneys, and personally responds to FOIL requests as needed.

The Records Access Officer also personally responds to a high volume of FOIL requests, particularly those of a complex nature or served as a precursor to litigation.

The Records Access Officer reports directly to the Deputy General Counsel serving in the role of Records Appeal Officer.

Further, the Records Access Officer directly liaises with counsel from the City’s Law Department when FOIL requestors file Article 78 challenges to the Department’s denial of records requests and may at times be required to respond to such challenges on behalf of the Department.

The individual serving in the position will handle tasks of a more complex and sophisticated nature and may personally handle as well as supervise agency attorneys coordinating with the City’s Law Department in the defense of litigation brought against the Department and its employees in matters arising under Section of the federal Civil Rights Law, State common law tort cases, and all other matters of civil litigation which may affect the Department of Correction.

In the role of Chief Privacy Officer, the Agency Attorney Level IV is responsible for interpreting and applying local law governing the release of personal identifying information of persons in custody and staff.

The Chief Privacy Officer provides guidance to agency staff who may need or wish to disclose personal identifying information, for example through memoranda of understanding with other City agencies or with community / programs providers serving persons in custody.

The Chief Privacy Officer is responsible for mandated periodic reports on the disclosure of personal identifying information, and directly liaises with the City’s Chief Privacy Officer.

• In addition to the above, the Agency Attorney IV may supervise and / or assist in supervising other legal staff, including attorneys and support staff;
• review, draft or supervise the drafting of complex legal documents as needed; interact with senior agency legal personnel;
• guide, supervise and / or review work of legal and support staff; provide legal direction; advise on matters of legal strategy and settlement discussions;

assist in the overall supervision of the unit; act as liaison with executives within the agency and with other City agencies.

These other duties and responsibilities of the Agency Attorney IV may include but are not limited to the following :

Daily supervision of Agency Attorneys and support staff, including assignment and review of work

product

• Performing research on complex legal issues and drafting memoranda
• Assisting in the procurement process, including drafting and review of contracts and memoranda of

understanding

Educating and providing documents to counsel from the Law Department in order to defend lawsuits

commenced against the Department

Reviewing document production and investigations into claims of discrimination pursuant to Equal

Employment Opportunity complaints

• Offering counsel and advice on a wide range of administrative, commercial, and litigation affairs
• Advising Executive Staff of the legality of potential policy changes, as well as drafting and reviewing

new or revised policies

• Assisting the Department in rulemaking, regulatory compliance, and risk management
• Assisting the Department in all aspects of the Board of Correction (BOC) rulemaking process,

including fact-finding, legal research and analysis, consultation with the Law Department, and

translation of Department policies and practices into draft BOC rules, or amendments thereto,

if necessary

Collaborating with BOC, H+H and other City agencies, City Hall, City Council, and external criminal

justice stakeholders

Providing advice and counsel to ensure the Department meets all legal, statutory and regulatory

requirements, including advising the Department on, and interpreting, federal, state and local laws

and regulations that affect or inform the Department’s work

Performing other special projects as assigned.

Minimum Qualifications

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 Interne .

Incumbents must remain Members of the New York State Bar in good standing for the duration of this employment.

In addition to meeting the minimum Qualification Requirements :

To be assigned to Assignment Level (AL) 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 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.

Preferred Skills

• One year experience as an Agency Attorney Level III.- A minimum of three years experience performing highly complex and significant legal work.
• Relevant expertise in FOIL law, preferably as an agency Records Access Officer.- Relevant expertise in Correction Law, Section of the Federal Civil Rights Law, and minimum standards as required under BOC and SCOC.
• Demonstrated excellent litigation skills.- Demonstrated excellent verbal, written, interpersonal, analytical, problem-solving and time management skills.
• Demonstrated excellent legal research and writing skills.- Ability to establish rapport and interact effectively with multi-functional teams comprised of attorney and non-attorney staff.
• Ability to effectively manage multiple priorities with competing deadlines.- Prior experience in a law enforcement or criminal justice organization is a plus.
• Highly-organized and detail oriented.- Ability to be proactive, resourceful, flexible, and to function in a fast paced environment.

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 class "jobad-residencyRequirement">

Residency RequirementNew York City Residency is not required for this position