Assistant Corporation Counsel III (Permanent)

RESIDENCE: Residence is a requirement for all positions. In the absence of clear and convincing evidence to the contrary, an applicant shall be deemed a non-resident if he/she cannot show ninety (90) days of continuous and uninterrupted residence in the City of Buffalo prior to filing application. THIS DOES NOT APPLY TO ANYONE APPLYING FOR THE BUFFALO POLICE ENTRY LEVEL EXAMINATION.

PLEASE TAKE NOTICE THAT THE ORDINANCES OF THE CITY OF BUFFALO MANDATE CONTINUOUS RESIDENCY IN THE CITY DURING YOUR EMPLOYMENT, EXCEPT FOR POSITIONS SPECIFICALLY EXEMPT UNDER STATE LAW. 

FEE: WHERE INDICATED, A NON-REFUNDABLE APPLICATION PROCESSING FEE MUST ACCOMPANY YOUR APPLICATION VIA CHECK, CASH OR MONEY ORDER   (If using check for payment, your check must clear to complete processing.) 

Check with Civil Service office for fee waiver info.

The Assistant Corporation Counsel III provides general legal representation and counsel within City government by trying cases, drafting and analyzing legal opinions, briefs and other materials, preparing briefs and other legal memoranda and conferring with departmental personnel or parties to legal actions in order to try, mediate, negotiate or settle legal issues.  Incumbents must have been admitted to the New York State Bar and may perform a wide range of assignments and tasks.  The Assistant Corporation Counsel III develops, presents and argues legal issues in judicial, quasi-judicial and/or administrative settings with department personnel, other attorneys, hearing officers and/or judges.  Although these presentations vary by degree of complexity and formality, they usually involve case preparation and formulation of persuasive argument and presentation.  The incumbent prepares detailed, accurate and convincing legal memoranda accompanied by appropriate citations in support of actions taken by the department.   Incumbents independently plan, organize and conduct reviews and analyses of day-to-day legal problems, cases and legislative proposals. In addition, incumbents work directly with and provide training and assistance to Assistant Corporation Counsel IIs and Assistant Corporation Counsel/Munis on a case-by-case and/or project basis in connection with assigned work.  Completed work is expected to be accurate with regard to legal citations and the technical treatment of facts and legal precedents.  Work is reviewed for soundness of approach, proper application of legal principles and consistency with governing policies, procedures and regulations of the City.  Incumbent is employed in a confidential relationship with the Corporation Counsel, Senior Deputy Corporation Counsel and Deputy Corporation Counsel, and receives general supervision from the Corporation Counsel, Senior Deputy Corporation Counsel and Deputy Corporation Counsel

• Oversees routine litigation handled by Assistant Corporation Counsel IIs and Assistant Corporation Counsel/Munis in lower courts and on appeals;
• Works directly with and provides training and assistance to Assistant Corporation Counsel IIs and Assistant Corporation Counsel/Munis on a case-by-case and/or project basis in connection with assigned work;
• Commences and defends litigation on behalf of the City of Buffalo, its officers, employees, departments, and agencies (hereinafter “City”) in city, county, state and federal court proceedings by performing all actions necessary in the litigation, including but not limited to, preparing opening statements and summations, arguing motions, examining witnesses, consulting with parties to the proceeding, examining evidence, conducting discovery, preparing briefs and other legal memoranda, negotiating settlements, preparing appeals and advising superiors;
• Prepares and presents arguments at judicial, quasi-judicial and administrative proceedings, including, grievance arbitration and presides over hearings and proceedings, prepares findings, orders or decisions in an area ranging from employee disciplinary actions, to

TYPICAL WORK ACTIVITIES (Cont’d.)

compliance with contractual and statutory regulations, to defense of claims against the City;

• Negotiates and prepares various legal documents, i.e. contracts, agreements and other legal instruments, with outside parties;
• Prepares the necessary legal papers to enforce laws, rules, regulations for services rendered by the City and reviews claims and approves payments;

• interprets and provides verbal and/or written legal opinions on pertinent laws, rules, regulations, procedures, etc.
• prepares appropriate legal documents to enforce laws, rules, etc.;
• processes court orders and prepares and presents cases at proceedings concerning such actions;
• evaluates and negotiates amount of settlements with parties concerned;

• Gives legal counsel to and writes legal opinions for the City department heads and officers;
• Conducts legal research of statutes, decisions, opinions and other legal sources in order to respond, both orally and in writing, to requests for legal decisions and opinions;

• Researches requests and inquiries from department staff and prepares legal decisions and opinions and consults with department personnel regularly;

1. Juris Doctor Degree from a recognized Law School;
2. A license to practice as an Attorney and Counselor for the courts of the State of New York.
3. At least five (5) years of full-time experience in the practice of law, after graduation from a recognized Law School

FULL PERFORMANCE KNOWLEDGES, SKILLS, ABILITIES AND PERSONAL CHARACTERISTICS:

• Good knowledge of municipal law in the State of New York;
• Good knowledge of the laws governing civil and criminal practice and procedures, administrative law and supporting rules, regulations, legal terminology and forms;
• Good knowledge of techniques employed in preparing legal memoranda, conducting legal research and analyzing legal problems;
• Good knowledge of the legal aspects of public records disclosure, grievance arbitration, impasse procedures and discipline and discharge of City employees;
• Working knowledge of trial techniques and investigative and interviewing techniques;
• Working knowledge of techniques of extracting information from others including reluctant witnesses;
• Ability to interpret the laws, rules and regulations of the City;
• Ability to organize large volumes of factual and legal data into clear and logical sequences;
• Ability to analyze legal issues and identify significant cases, opinions and facts;
• Ability to both orally and in written form convince others of the legality of a specific action or point of view;
• Ability to establish a working relationship with others both in the legal profession and with departmental employees and the general public;
• Ability to apply specific techniques of gathering information and presenting it in a convincing manner;
• Ability to communicate information clearly and concisely in both oral and written form;
• Physical condition commensurate with the demands of the position.