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Vacancy Details
Position Type:

Administrative and Central Office

 
Office Title/Functional Title:

Deputy Director, Office of Appeals and Review - 14448

Civil Service Title:

Executive Agency Counsel

 
Level:

G6

 
Division/Office:

Office of the General Counsel

 
Borough:
Brooklyn
 
Posting End Date:
06/30/2022
 

        

 
Description:

Position Summary: With minimal supervision by the Director of the Office of Labor Relations (“Director”), and with wide latitude for the exercise of independent judgment and action, the Deputy Director is responsible for coordinating and supervising all activities and functions of the Office of Appeals and Review. These responsibilities encompass (1) 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; (2) 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; (3) hearings regarding discipline of bus personnel pursuant to Chancellor’s Regulation C-100; and (4) all related litigation.  The Deputy Director provides technical advice and assistance to the Director, and guides consultants and other reviewing officers in the interpretation and implementation of appropriate Board of Education bylaws, State education laws, court decisions, arbitration and grievance awards and the provisions of various union contracts.

 

Reports to:  Director of the Office of Labor Relations

 

Direct Reports: Administrative staff; consultants 

 

Key Relationships: Establishes and maintains an informational and operational relationship between the Office of Appeals and Review and the principals and supervisors of the community school districts, high schools and other divisions, and bureaus and offices within the New York City Department of Education (“DOE”) to assist them with implementation of various appeal processes and application of various collective bargaining agreements and Department policies and practices.

 

Responsibilities

 

  • Serves as Chairperson of the Chancellor's Committees in the conduct of Administrative Reviews (hearings) for teachers, supervisors and other pedagogical personnel involved in appeals from annual performance ratings, recommendations for discontinuance of service, and denial of tenure for probationary personnel; coordinates and directs post-review committee deliberations and prepares a written recommendation which is forwarded to the Chancellor or their designee for a final determination.
  • Conducts on-going training for consultants and personnel regarding the appeals processes.
  • Reviews, revises, and finalizes all internal recommendations of the Chairpersons of Chancellor's Committees; trains selected candidates in the procedures, the general format, the treatment of procedural objections (i.e., those raised by the appellant's union representative, including claims of non-involvement by the superintendent in the assignment of a "U" rating), conducting post-review deliberation sessions, and in the preparation of special reports and recommendations for the Chancellor.
  • Day-to-day supervision of consultants and reviewing officers 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 accurate and timely technical 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.
  • Assists the Director in the preparation of training materials relevant to the functions of the Office of Appeals and Reviews.
  • Assists the Director in conducting supervisory training sessions for various groups, e.g., superintendents, principals, community board members, and field personnel in relation to appeals processed by the Office of Appeals and Review.
  • Serves as a liaison between the New York City Law Department and DOE 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. The Deputy Director may, for example, be required to provide DOE records and provide an affirmation, affidavit or testimony regarding the records or provide an affirmation, affidavit or testimony regarding a particular appeal and/or Office of Appeals and Review process.  The Deputy Director may also be required to assist with claims before administrative agencies (e.g. Equal Employment Opportunity Office and New York State Division of Human Rights).
  • Directly 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

1.  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.

 

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 Power Point). 

 

 

Salary: $94,146+

 

(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.

 

 
AN EQUAL OPPORTUNITY EMPLOYER

NEW REQUIREMENT

As of August 2, 2021, all NYC Department of Education new hires (who are not currently employees of the City of New York) must provide proof of COVID-19 vaccination prior to beginning their employment unless they have been granted a reasonable accommodation for religious or medical reasons. More information can be found in Executive Order 75.

DOE Non- Discrimination Policy

It is the policy of the Department of Education of the City of New York to provide equal employment opportunities without regard to actual or perceived race, color, religion, creed, ethnicity, national origin, alienage, citizenship status, age, marital status, partnership status, disability, sexual orientation, gender (sex), military status, unemployment status, caregiver status, consumer credit history, 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. For more information, please refer to the DOE Non-Discrimination Policy.

 
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