Privacy and Records Access Unit Attorney (L3)
Tracking Code:  12880Job Description: 
(Those who previously applied need not re-apply)
Note: Multiple positions available
Position Summary:  Under the direction of the Deputy Counsel & Chief Privacy Officer (CPO) of the Department of Education’s (DOE) Privacy and Records Access Unit, and the Managing Attorney of the FOIL Unit, engages in difficult and complex legal work having significant financial, legal, procedural, and policy consequences. Performs related work.
Reports to: CPO and FOIL Unit Managing Attorney, Privacy and Records Access Unit
Key Relationships:  Chancellor’s Office, First Deputy Chancellor, Chief Academic Officer, Chief Operating Officer, School Climate and Wellness, School Planning and Development, Early Education and Student Enrollment, Community Empowerment, Partnership and Communications, NYC Law Department.
Responsibilities 
Freedom of Information Law (FOIL) Responsibilities. Under the supervision and direction of the CPO and/or the Managing Attorney: 

Implements Department 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.
Communicates with the press, government officials, and other individuals on actual or potential requests, and coordinates press requests with the Office of Communications and Media Relations.
Provides ongoing technical assistance to DOE staff.
Maintains and utilizes databases and other time management tools to monitor compliance, e.g., timeliness of responses, appropriateness of released materials, etc.
Makes recommendations to the General Counsel regarding FOIL appeals.
Conducts legal research on complicated legal issues.
Acts as liaison the New York City Law Department with respect to FOIL-related litigation. 

Privacy-Related Responsibilities. Under the supervision and direction of the CPO and, in his/her absence, the Managing Attorney: 

Assists the CPO in developing and implementing privacy and data security policies, procedures, practices, and guidance for the Department of Education (DOE).
Conducts legal research and provides legal advice concerning various privacy-related laws and regulations, including but not limited to the Family Educational Rights and Privacy Act (FERPA) and N.Y. Education Law §2-d.
Drafts and reviews privacy-related agreements and contractual provisions, including but not limited to non-disclosure agreements, data use agreements, and memoranda of understanding.
Collaborates with key DOE stakeholders, including the Division of Instructional and Information Technology, Division of Contracts and Purchasing, and the Research Policy and Support Group in carrying out various privacy-related tasks
Assists the CPO in performing functions related to the DOE’s Institutional Review Board.
Represents the DOE in meetings on privacy and data security-related matters with other government agencies and other parties, when appropriate.
Works with DOE offices to ensure that proper consent and authorization procedures are being followed.
Assists with training in privacy- and data-security-related matters.
Drafts privacy and data security-related communications. 

Subpoena, Records Retention and Other Records-Related Responsibilities: Under the direction of the CPO and Managing Attorney: 

Provides ongoing technical assistance on various subpoena and records issues, discovery demands, and records retention.
Assists with the supervision of the Subpoena Unit.
Prepares documents in response to court orders on subpoenas, and appears in court if needed.
Coordinates with the NYC Law Department on strategy, papers and discovery in related litigation and recommends settlements and adjustments.
Advises on record retention-related issues.
Reviews and helps draft rules and regulations for the Department of Education. 

Qualification Requirements:
Minimum
Admission to the New York State Bar AND three (3) years of progressively responsible United States legal experience subsequent to admission to any state bar. 
Incumbents must remain Members of the New York State Bar in good standing for the duration of this employment. 
Applicants who have a client with a legal or business matter pending against, before or with the DOE must obtain such client’s consent to apply for employment with the DOE.  If invited to interview for this position, such applicants are required to disclose the nature of such matters at the interview.   
Preferred  

Both contract drafting and litigation experience.
Strong project management experience.
Strong knowledge of Microsoft Office, and in particular Word, Excel and PowerPoint.
Ability to quickly grasp applicable law and regulations.
Ability to write clearly and concisely.
Strong legal research skills and extensive drafting experience.
Experience in FOIL and privacy laws. 

Salary: $87,469+
(Internal candidates who are selected for this position and who currently hold comparable or less senior positions within the DOE will not make less than their current salary.) 
Please include a resume and cover letter with your application. 
Applications will be accepted until position is filled.
NOTE: The filling of all positions is subject to budget availability and/or grant funding. 
 
AN EQUAL OPPORTUNITY EMPLOYER
It is the policy of the Department of Education of the City of New York to provide educational and employment opportunities without regard to race, color, religion, creed, ethnicity, national origin, alienage, citizenship status, age, marital status, partnership status, disability, sexual orientation, gender (sex), military status, prior record of arrest or conviction (except as permitted by law), predisposing genetic characteristics, or status as a victim of domestic violence, sexual offenses and stalking, and to maintain an environment free of harassment on any of the above-noted grounds, including sexual harassment or retaliation.  Inquiries regarding compliance with this equal opportunity policy may be directed to: Office of Equal Opportunity, 65 Court Street, Room 1102, Brooklyn, New York 11201, or visit the OEO website at http://schools.nyc.gov/OEO
Job Location: NEW YORK, New York, United StatesPosition Type:  Full-Time/Regular
New Posting:  No