The City University of New York (CUNY) is seeking a dynamic and public service and information minded lawyer to fill a University FOIL and Records Access Attorney position. The attorney will manage and respond to requests for access to public CUNY Central Office records made under the New York State Freedom of Information Law (???FOIL???) and ensure compliance with Federal, State, local laws, and University policies and guidelines regarding the retention and disposition of records, and identification and preservation of records of historic importance. Working in coordination with the Office of the General Counsel and the Central Office Records Access Unit within the Senior Vice Chancellor for Institutional Affairs and Strategic Advancement and Special Counsel, the University FOIL and Records Access Attorney will also administer the records access and management program of Central Office. This includes providing ongoing legal and technical assistance with subpoenas, records issues, discovery demands, and records retention, plus working on sensitive legal matters and performing legal research on policy priorities.
The University FOIL and Records Access Attorney will report to the Chief of Staff to the Senior VC and Special Counsel and will work with the University General Counsel to coordinate related FOIL and records access requests. The FOIL work involves working across entire CUNY community with college campus Records Access Officers and custodians to collect records for substantive responses to FOIL requests. The attorney will draft FOIL legal determinations, and provide recommendations and guidance on the technical needs of FOIL processes, including an evaluation of processing systems, and advice on potential new technology to maintain optimal FOIL compliance and document collection. The records management work involves coordinating the continuous legal destruction of obsolete records per the CUNY Records Retention and Disposition Schedule. This includes conducting surveys and analyses of all records collection matters, and performing ongoing checks of non-current and archival public records kept, made, filed or received by the offices and departments of the Central Office to determine their value, use, and most suitable method of preservation, storage and disposition.
In addition to the job summary above and CUNY Title Overview below, other essential duties include, but will not be limited to the following:
Receives FOIL requests for access to CUNY Central Office public records, ascertains the existence of requested public records, and reviews records for appropriateness, responsiveness and lawful redaction.
Evaluates and processes requests for access to public records, determines their legal eligibility for release, and grants access or issues written denials of requests with the legal justification for withholding or denying records.
Corresponds with requestors about the status and progress of their FOIL requests, and provides written acknowledgments with a time estimate for production or access.
Maintains the privacy and security of sensitive institutional information and withholds certain requested records, or redacts identifying information in records, in accord with legal data protections and privacy laws.
Maintains records and a tracking system of all FOIL requests and the status of FOIL responses to comply with statutory deadlines.
Identifies and implements systems and technologies to support the creation and management of electronic records and expanded web access to documents.
Advises and trains University and campus administrators on adopting sound practices relative to the creation and maintenance of current records, record life cycle-based processes and workflows.
Manages effective and consistent records retention per the schedule applicable to the original record and efficient destruction procedures to improve productivity, minimize costs and optimizes space usage.
Prepares legal analyses and reports on FOIL and records retention activities.
Provides legal administrative support to the Lead Records Access Officer, any attorney working on FOIL issues, and any OGC attorney on legal matters.
Must be able to travel to various Central Office satellite locations and college campuses across the five boroughs of New York City.
Until further notice, this is a hybrid position, eligible to work remotely and on-site in the office.
Candidates will be required to provide proof of being fully vaccinated against COVID-19 upon commencing employment. Exemption (medical or religious) requests to this requirement will be considered in accordance with applicable law. Being fully vaccinated is defined for this purpose as being at least two weeks past their final dose of an authorized COVID-19 vaccine regimen. Final candidates must be fully vaccinated as of their first day of employment.
A Juris Doctorate (JD) Degree from an ABA-accredited law school and three (3) years of related legal experience required. Current New York State Bar membership in good standing required, or admission in another jurisdiction with eligibility for admission to the NYS bar through reciprocity or passing of the NYS bar exam within one year of hire date required.
Experience with FOIL and disclosure issues, laws and procedures in a public organization or government agency (incl. Section 87(2) of Public Officers Law), NY State Education Department laws, plus Federal, State and local data protection and privacy laws (FERPA, HIPPA, etc.), and subpoena process.
Current knowledge of NYC Open Records or other records access systems, NY State archive guidelines, and CUNY Records Retention and Disposition Schedule, policies and procedures.
Certification as a professional records and information manager and/or experience with records management and document archival, conservation and storage methods and imaging technologies, including managing electronic records, plus familiarity with best practices and current trends regarding preservation and protection.
Experience with Adobe Acrobat, document review software, and electronic databases.
Strong work ethic, character and personal integrity to handle confidential documents and matters and perform work with the utmost professionalism, confidentiality and diplomacy.
Detail oriented and accurate with strong legal research, critical analysis, problem solving and data management skills, plus ability to manage and report complex information.
Strong writing, interpersonal and cross-cultural communication skills to work effectively, collaboratively and independently, with a diverse internal and external stakeholders.
Proactive, flexible and resourceful with strong organizational and follow-through skills to prioritize work, execute work plans, manage multiple assignments and meet deadlines in a fast paced, time-sensitive, and high volume environment.
Computer proficiency using legal, administrative, financial or academic software programs, systems or databases.
CUNY TITLE OVERVIEW
Provides in-house legal assistance on a wide variety of issues and participates in evaluating and developing University policy related to legal matters.
Prepares legal documents, contracts, agreements, and other transactions, and gives legal advice to management and campus executives;
Provides legal and policy analysis of issues and participates in developing and drafting policies;
Reviews contracts, agreements, and other transactions, identifying risks and proposing risk mitigation options;
Maintains a caseload as per prescribed procedures;
Assists outside counsel and works as a team with other in-house and College campus attorneys;
May be assigned to specialize (e.g., construction, commercial and transaction matters, contract negotiation and drafting, compliance, academic policy, etc.);
Performs related duties as assigned.
Higher Education Associate
COMPENSATION AND BENEFITS
Salary range is up to $115,496, commensurate with qualifications, education and experience.
CUNY's benefits contribute significantly to total compensation, supporting health and wellness, financial well-being, and professional development. We offer a range of health plans, competitive retirement/pension benefits and savings plans, tuition waivers for CUNY graduate study and generous paid time off. Our staff also benefits from the extensive academic, arts, and athletic programs on our campuses and the opportunity to participate in a lively, diverse academic community in one of the greatest cities in the world.
HOW TO APPLY
For full consideration, submit a cover letter and resume online via CUNY's web-based job system, addressing how your experience and credentials fulfill the responsibilities and qualifications outlined.
The direct link to the job opening from external sources is:
Current CUNY employees must apply through CUNYfirst Employee Self Service using your login credentials. After you login to CUNYfirst, navigate to job openings by following the path from the Main Menu: Employee Self Service ???>Careers
Extended: Open until filled with application reviews expected to begin on September 19, 2022.
JOB SEARCH CATEGORY
CUNY Job Posting: Managerial/Professional
EQUAL EMPLOYMENT OPPORTUNITY
CUNY encourages people with disabilities, minorities, veterans and women to apply. At CUNY, Italian Americans are also included among our protected groups. Applicants and employees will not be discriminated against on the basis of any legally protected category, including sexual orientation or gender identity. EEO/AA/Vet/Disability Employer.
About CUNY City University of New York (System Level)
The City University of New York provides high-quality, accessible education for more than 269,000 degree-credit students and 270,000 adult, continuing and professional education students at 25 campuses across New York City. The University is an integrated system of senior and community colleges, graduate and professional schools, research centers, institutes and consortia. From certificate courses to Ph.D. programs, CUNY offers postsecondary learning to students of all backgrounds. It provides the city with graduates trained for high-demand positions in the sciences, technology, mathematics, teaching, nursing and other fields. As CUNY has grown, the University also has strengthened its mission as a premier research institution, building an array of modern facilities and expanding the ranks of its world-class faculty. Throughout its history, the University has been an integral part of the city and state through partnerships with public schools, economic development initiatives, immigration aid and financial advice services and other community outreach programs. Today, CUNY faculty and staff continue to benefit New York City — as well as the entire nation — by serving as policy exper...ts to business and government, advisers to nonprofit institutions, civic organizations and community groups. Students, too, are strongly encouraged to experience the cultural, educational and community-based opportunities of the five boroughs, through a network of internships and fellowships, to embracing the city as their campus.