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Vacancy Details
Position Type:

Administrative and Central Office

Office Title/Functional Title:

Records Access Unit Attorney - 15825

Civil Service Title:

Agency Attorney




Office of the General Counsel

Posting End Date:



Position Summary:  Under the direction of the Deputy Counsel of the Department of Education’s (DOE) Records Access Unit, engages in difficult and complex legal work having significant financial, legal, procedural, and policy consequences.


Reports to: 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.




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 first level review work), and drafting FOIL legal determinations.
  • Carries out Department policy and legal mandates related to FOIL requests.
  • Communicates with individuals both inside and outside the DOE concerning actual or potential requests.
  • Reviews authorizations, release(s), and proofs of identification as it pertains to FOIL and the potential release of sensitive information.
  • Provides ongoing technical assistance to other DOE 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.


Subpoena, Records Retention and Other Records-Related Responsibilities


  • Provides ongoing technical assistance with respect various subpoena and records issues, discovery demands, and records retention.
  • Research issues with respect to record retention.
  • With guidance and direction, updates Unit files and database content with respect to subpoenas.
  • 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.
  • Communicates with DOE offices, schools, and other individuals concerning actual or potential requests.
  • Ensures that proper procedures concerning consent and authentication of identity are being followed.
  • Creates, tracks, or updates reports pertaining to the progress of FOIL requests.
  • 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 Unit files and database content are updated with respect to subpoenas.
  • Communicates with DOE offices, other agencies, and other individuals relating to the processing of subpoenas.


Level 3


In addition to the duties and responsibilities described above, performs the following:


FOIL Responsibilities.


  • 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 and/or other offices within the DOE.
  • Makes recommendations to the General Counsel and/or designees regarding FOIL appeals.
  • Acts as liaison the New York City Law Department with respect to FOIL-related litigation.
  • Conducts e-discovery related tasks, including formulating Boolean searches and management of document review tools.
  • Handles other requests for records on a special basis, including those involving challenging or complicated document retrieval issues, as well as requests requiring coordination among multiple offices or agencies.
  • Responsible for data governance issues related to the FOIL Unit, including management of the FOIL Unit database and ensuring the quality of all database entries.
  • Collaborates with the Deputy Counsel and/or designees on strategic initiatives involving FOIL Unit request processes, database enhancements, and workflow improvements.


Subpoena, Records Retention and Other Records-Related Responsibilities


  • Prepares documents in response to court orders on subpoenas, and appears in court if needed.
  • Communicates with DOE offices, schools, and/or external parties to ensure proper authorizations are obtained or mandated notices are issued prior to compliance.
  • Coordinates with the NYC Law Department on strategy and discovery in related litigation. Advises on record retention-related issues.
  • Reviews and helps draft rules and regulations for the Department of Education.
  • Monitors and troubleshoots subpoena e-discovery and subpoena challenges.
  • Trains staff and identifies best practices for e-discovery and case management.


Qualification Requirements:




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 (30086).


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 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.


To be assigned to Level III, candidates must have three years of progressively responsible United States legal experience subsequent admission to any state bar.




  • Strong project management experience.
  • Strong knowledge of Microsoft Office, particularly Word, Excel, and PowerPoint.
  • 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.

: $90,093 - $97,300


(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.


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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