Job Opportunity as Deputy Director of the Administrative Trials Unit, NYC DOE 3020-a Hearings

My opinion of the employment opportunity for Administrative Trials Unit Deputy Director:

If you are a lawyer and have issues with ethics, meaning that you do not think ethical conduct should get in the way of terminating tenured Department employees who, you have heard, lie, cheat, steal, have sex with minor children in their workplaces, and alter records as well as take money that isn't theirs, and you want to be head of a team of lawyers who violate the rule of law and rules of evidence to fire these wrong-doers, then the current job opportunity is for you!

The position at the NYC DOE assures you immunity for any mishandling of any case of misconduct where the tenured employee is not terminated, which is always somebody's fault at the ATU  or the error of the arbitrator who, of course you can fire at the end of the school year when the arbitrators' contracts are up for renewal. I'm sure that if you keep in mind that "all Respondents accused of misconduct are guilty when charged" is the prevailing policy, that you can always schedule the miscreant for a probable cause hearing where the rights to cross-examine by the Respondent's representative of any DOE witness is prohibited, and that you must make sure that your legal team spends as much time as possible altering facts and making scripts for witnesses to study and learn before they testify, you will be fine.

Go to the link and apply. Good luck. Oh - you may end up on this blog, as well!!!

This is my opinion.

See my  post about what I think about DOE Attorney Michael Francis

Michael Francis

Betsy Combier
betsy.combier@gmail.com
Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, National Public Voice
Editor, NYC Public Voice
Editor, Inside 3020-a Teacher Trials

Deputy Director – Administrative Trials Unit

Tracking Code

12539

Job Description

Position Summary: The Deputy Director – Administrative Trials Unit serves as the representative of the Chancellor performing sophisticated legal work in disciplinary proceedings and provides support to the Deputy Counsel. The Deputy Director will be accountable for the success and performance of team members in assigned practice areas in meeting performance goals and identified objectives; will be designated as the Administrative Trials Unit Assistant Deputy Counsel; and will perform high-level legal work. Performs related work.

Reports to: Deputy Counsel, Administrative Trials Unit

Direct Reports: Administrative Trials Unit Attorneys and administrative support staff.

Key Relationships: Represents the Department of Education (DOE) in 3020-A proceedings and hearings pursuant to Section 75. Provides legal counsel and training to Community Superintendents and Principals on disciplinary procedures. Confers with subject matter experts, technical specialists, and other attorneys, including counsel for litigants. Acts as a liaison to executives within the DOE and to other City agencies.

Responsibilities

Case Management

·        Manages the case load of the Administrative Trials Unit by assigning cases to staff attorneys and monitoring the conduct of Technical Assistance Conferences (TAC), review of charging instruments and potential stipulations of settlements.

·        Reviews Office of Personnel Investigation (OPI) arrest cases to determine if there is appropriate substantiation and evidence for charges.

·        Manages monthly case reviews with office attorneys. Assumes direct responsibility for all phases of complex high profile legal cases. This includes preparing for and/or litigating complex cases involving large amounts of money, significant precedents, novel and complicated determinations of law and fact, or cases having significant legal, policy or financial implications for the DOE.

·        Determines the advisability of presenting witnesses, admissibility of types of evidence and matters of legal strategy.

·        Prepares and argues difficult cases and appeals in administrative tribunals and in the courts.

·        Reviews, revises and approves agreements prepared by other attorneys.

·        Coordinates and assists with professional development for Community Superintendents and Principals concerning the 3020-A disciplinary charges process.

Trial Strategy

·        Handles legal issues and cases including recommendations concerning the soundness of charges, preparing specification of charges, coordinating the gathering of evidence, and briefing witnesses.

·        Develops plans and objectives for the conduct of various Administrative Trials Unit functions; devises methods and procedures for the implementation of approved policies.

·        Recommends settlements pursuant to DOE administrative tribunals.

·        Leads trial issues discussions and determination of appropriate charges.

·        Administers trial calendar in conjunction with the Chief Research Attorney.

·        Manages intra-office trial seminars and Center for Law and Education (CLE) training for staff attorneys.

·        Coordinates and assists with professional development for superintendents and principals concerning the 3020-A disciplinary charges process.

·        Manages legal summary informational database for recurring case issues which will be utilized by staff attorneys to complete closing briefs and arguments.

Legal Research

·        Conducts legal investigations, holds informal hearings, and examines prospective witnesses.

·        Conducts research and prepares legal briefs and memoranda on labor and employment law issues.

·        Reviews complex, highly technical laws, rules, and regulations.

·        Serves as the chief research contact on cases and issues “first impressions,” particularly on contract interpretation as it relates to 3020-A issues.

·        Manages and maintains the "Case Decision Bank" used by staff attorneys when completing answers to motions, closing arguments, and related documentation.

·        Plays a lead role in coordinating and/or providing professional development for Community Superintendents and Principals concerning the 3020-A disciplinary charges process.

·        Manages the distribution of decisions of interest and advises staff on any changes of law and controlling authority.

Qualification Requirements:

Minimum

Admission to the New York State Bar; and four (4) years of recent full-time satisfactory, relevant legal experience subsequent to admission to any bar, eighteen months of which must have been in the supervision of other attorneys, in an administrative, managerial or executive capacity, or performing highly complex and significant legal work.

NOTE: Selected candidates must remain members of the New York State Bar in good standing for the duration of their 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

·        Ability to coordinate and supervise complex legal and labor relations activities.

·        Overall knowledge of the school system and ability to advise and render legal opinions on educational policies and practices.

·        Ability to initiate effective litigation strategies.

·        Excellent written and verbal communication skills.

·        Ability to interact effectively with others.

·        Highly organized and excellent problem-solving skills.

Salary: $102,788+

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 States

Position Type

Full-Time/Regular

New Posting

Yes

Readvertisement

No

Recanvass

N/A

District

N/A

Office of the General Counsel

• The legal office is comprised of the General Practice Unit, the Freedom of Information Law (FOIL) Unit, the ISC Counsel, the Special Education Unit, the Commercial Unit, and the Ethics Officer.
• The investigative office is comprised of the Office of Special Investigations, and the Office of Equal Opportunity.
• The disciplinary office is comprised of the Administrative Trials Unit, and the Teacher Performance Unit.
• The audit office is comprised of the Office of the Auditor General.
• The labor office is comprised of the Office of Labor Relations.
• The compliance office is comprised of the Office of Compliance Services.
• The Office of Federal and State Regulatory Compliance (OFSRC) is comprised of the Administrative Legal Unit.

Investigative

The Office of the General Counsel's investigative office is comprised of the following units: 

§  The Office of Special Investigations (OSI) investigates allegations of improper and unlawful behavior, including corporal punishment and verbal abuse against students, to help ensure a safe and secure learning environment for New York City’s students, staff members, and parents. All other allegations of misconduct should be reported to the Special Commissioner of Investigation at (212) 510-1500.

§  The Office of Equal Opportunity (OEO) investigates allegations of discrimination or harassment. In addition to investigating internal agency complaints, OEO advises schools on matters relating to equal employment opportunity, and provides training on acceptable workplace practices under equal opportunity employment law.

 Disciplinary

The Office of the General Counsel's disciplinary office is comprised of the following units:

§  The Administrative Trials Unit (ATU) is responsible for the prosecution of tenured teacher disciplinary cases, trainings and advice on how to discipline a tenured employee or permanent civil servant, and also to review documentation as it relates to the discipline process.

§  The Teacher Performance Unit (TPU) is a new unit comprised of experienced attorneys who will litigate incompetence cases against ineffective tenured pedagogues.

Administrative Trials Unit

The Administrative Trials Unit is responsible for the prosecution of disciplinary cases.

ATU is available for trainings and advice on how to discipline a tenured employee or permanent civil servant and also to review documentation as it relates to the discipline process. If appropriate, ATU may draft charges under Education Law, Section 3020-a or Section 75 of the Civil Service Law against the subject employee. This process entails a joint effort by the principal and/or supervisor along with the ATU attorney to litigate a case against the employee either for the purposes of progressive discipline or to seek the employee's termination. Should you seek charges, you must schedule a Technical Assistance Conference (TAC) with ATU for a complete review of the employee's personnel file and any related discussions.

From Betsy Combier:

This information is not correct. Laura Brantley is no longer the Director of the ATU, Attorney Karen Antoine is currently in that position (kantoine1@schools.nyc.gov)

According to The Green Book online, this is Laura Brantley's new number:
Office of Equal Opportunity & Diversity Management  –  Laura Brantley 
(718) 935-2427

Teacher Performance Unit

The Teacher Performance Unit (“TPU”) is a new unit comprised of experienced attorneys who will litigate incompetence cases against ineffective tenured pedagogues. TPU’s goal is to help improve teacher quality in schools by bringing and litigating these cases in a thorough, expeditious and effective manner.

In partnership with the consultants of the Labor Support Unit (“LSU”), TPU will offer high quality and responsive support to principals, and other school officials in connection with cases involving previously identified tenured teachers in need of support and remediation. This support will include, among other things, providing these ineffective tenured teachers with quality professional development.

Additionally, TPU in consultation with the principal will make a determination, on a case by case basis whether to commence the 3020-a process. Thereafter, TPU and LSU will continue to provide counsel to the principal and other school officials in connection with the preparation and litigation of 3020-a disciplinary charges.