Position Type:
Administrative and Central Office
Office Title/Functional Title:Deputy Director, Office of Appeals and Review, OGC - 23711
Civil Service Title:Executive Agency Counsel
Level:G5
Division/Office:Office of the General Counsel
Borough:Manhattan
Posting End Date:12/31/2024
Description:Position Summary: The Deputy Director, Office of Appeals and Review, is responsible for overseeing the implementation of certain mandated appeals processes which includes providing substantive legal analysis, coordination and supervision of the appeal processes and hearings; and coordinating and supervising all activities and functions of the Office of Appeals and Review. These responsibilities encompass:
- All aspects of the appeal of ratings of pedagogical personnel (including, but not limited to, teachers and supervisors), including appeals of ratings of unsatisfactory ratings and annual performance ratings issued pursuant to NY Education Law 3012-c and -d;
- All aspects of the appeals of discontinuances of probationary services, denials of completion of probation, license terminations pursuant to Chancellor's Regulations and related matters;
- Hearings regarding discipline of bus personnel pursuant to Chancellor's Regulation C-100; and
- All related litigation.
The Deputy Director provides substantive legal advice and technical advice to supervisory personnel. The Deputy Director directly supervises all staff and hearing officers in the interpretation and implementation of appropriate Board of Education bylaws, State education laws, court decisions, arbitration and grievance awards and provisions of various union contracts; performs duties equivalent and/or related to such work.
Reports to: Director of the Office of Labor Relations
Direct Reports: Office of Appeals and Review Investigators and consultants
Key Relationships: Division of Human Resource (DHR), Division of School Leadership (DSL), Superintendents, School Supervisors, Pedagogical Managers.
Responsibilities:- Formulates and recommends policies to the Director, Office of Labor Relations regarding the implementation of appeal processes and support for the field.
- Serves as a resource to field based supervisors, pedagogical managers, and Central Offices regarding pedagogical rating appeals and processes.
- Plans and directs all steps necessary to implement all aspects of (A) appeals of ratings of pedagogical personnel (including, but not limited to, teachers and supervisors), including appeals of ratings of unsatisfactory ratings and annual performance ratings issued pursuant to NY Education Law 3012-c; (B) appeals of discontinuances of probationary services, denials of completion of probation, license terminations pursuant to Chancellor's Regulations and related matters; and (C) hearings regarding discipline of bus personnel pursuant to Chancellor's Regulation C-100.
- Conducts ongoing training for school supervisors, pedagogical managers, consultants and personnel regarding the appeals processes.
- Reviews, revises, and finalizes all internal recommendations of the Chairpersons of Chancellor's Committees.
- Selects and trains hearing officers regarding all appeal processes and procedures.
- Supervises hearing officers day to day in the normal pursuit of their duties, e.g., the Deputy Director may resolve questions arising during a review regarding the handling of claims of procedural objections, format, previously excluded information which may have a bearing on a case in progress, precedents, etc.
- Provides substantive and technical advice and assistance to field personnel on such matters as the removal of an employee from a school, appropriate documentation necessary for an appeals case and general disciplinary matters.
- Serves as a liaison between the New York City Law Department and New York City Public Schools (NYCPS) regarding litigation related to appeals processed by the Offices of Appeals and Review; may be required to testify or otherwise serve as the Department representative in related litigation, arbitration cases and proceedings.
- Supervises administrative staff in the scheduling of all appeals cases and maintenance of the appeals database.
- Serves as chairperson for disciplinary conferences for school bus drivers and escorts in accordance with Chancellor's Regulation C-100.
- Researches and responds directly to Chancellor's referrals and FOIL requests on behalf of the Director.
- Reviews all correspondence pertaining to suggestions for improved services or procedures.
Qualification Requirements:Minimum:- Admission to the New York State Bar; and four years of recent full-time responsible, relevant, satisfactory legal experience subsequent to admission to any bar, of which eighteen months must have been in the supervision of other attorneys, in an administrative, managerial or executive capacity, or performing complex legal work.
Note: Incumbents must remain Members of the New York State Bar in good standing for the duration of this employment.
Preferred:- Demonstrated ability to properly interpret various collective bargaining agreements, legal precedents, and applicable rules and regulations.
- Strong computer systems skills needed to maintain case databases and generate case reports using LexisNexis, Adobe Acrobat, and other software.
- Excellent communication and interpersonal skills.
- Excellent time management and organizational skills.
- Excellent writing and legal research skills.
- Experience utilizing Microsoft Office (Word, Excel, Outlook and PowerPoint).
Salary: $128,890 - $141,779
(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 EMPLOYERDOE 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. #J-18808-Ljbffr