Associate Counsel - Tolls Group - General Law I

Description

JOB TITLE:                      Associate Counsel - Tolls Group - General Law I

SALARY RANGE:           $114,645 - $150,471                                           

HAY POINTS:                   920

DEPT/DIV:                        Law

SUPERVISOR:                  Deputy General Counsel/Unit Chief - General Law I

LOCATION:                     2 Broadway New York, NY 10004

HOURS OF WORK:        9:00 am - 5:30 pm (7 1/2 hours/day)

DEADLINE:                                     

This position is eligible for telework which is currently one day per week. New hires are eligible to apply 30 days after their effective date of hire.

SUMMARY:

This position is for a mid-level attorney who provides support to the Tolls Group - General Law I.

In September 2017, TBTA implemented gantry-based open road Cashless Tolling at all of its facilities, which effectively eliminated the collection of cash tolls on a permanent basis and moved the responsibility for toll collection and violation enforcement from toll plazas to the back office.  At the same time, Authority-wide Cashless Tolling markedly increased the number of scofflaw toll violators to be pursued in civil lawsuits; the number of vehicle registrations suspended by the New York State Department of Motor Vehicles (DMV) for toll evasion on TBTA facilities; the number of exclusion orders; and, when more reciprocity agreements are in place, the number of out-of-state registration suspensions, all of which raise legal issues.  In addition, with the 2019 passage of the Traffic Mobility Act, many of these same issues will be relevant to the future Central Business District Tolling Program.

This position is responsible for protecting TBTA’s toll revenue under open road Cashless Tolling and Central Business District Tolling by providing legal advice, direction and representation and actively handling wide-ranging toll-related matters, projects and initiatives Authority-wide and in conjunction with other tolling agencies and the E-ZPass Interagency Group (IAG).  These toll-related matters include, but are not limited to, toll collection and violation enforcement through civil lawsuits (litigation from inception through trial and appeal), DMV registration suspensions, DMV reciprocity agreements, out of state exclusion orders, criminal prosecutions, customer complaints/disputes, toll increases and rebates, bond covenants, memoranda of agreement/understanding, compliance with the State Administrative Procedure Act (SAPA) and the State Environmental Quality Review Act (SEQRA), outside agency investigations, subpoenas, privacy issues, legislation, national interoperability and other IAG matters.

RESPONSIBILITIES:

• Coordinate with and assist outside counsel retained to handle toll collection and violation enforcement litigation based on unpaid tolls and violation fees. On occasion may be asked to directly handle civil litigation, from inception (drafting and preparing complaints for filing and service) through trial/settlement and appeal, and other efforts to collect unpaid tolls and violation fees from scofflaw toll violators, including court appearances at all assigned conferences, hearings, motions, trials, and appeals.
• Drafting and finalizing complaints in civil litigation against toll violators, handling discovery demands, motions, stipulations, releases, settlement agreements and default judgments and otherwise initiating, finalizing and settling toll-related collection matters and collecting unpaid tolls and violation fees from scofflaw toll violators.
• Provide legal advice, direction and representation regarding toll collection and violation enforcement under open road Cashless Tolling (ORT) and Central Business District Tolling Program (CBDTP) including, but not limited to, legislative initiatives, registration suspension, criminal prosecutions, exclusion orders, etc.
• Provide legal advice, direction and representation regarding tolling policy including, but not limited to, toll increases and rebates/discount plans, open road Cashless Tolling (ORT), Central Business District Tolling Program (CBDTP), compliance with the State Administrative Procedure Act (SAPA) and the State Environmental Quality Review Act (SEQRA) and privacy issues.
• Provide legal advice, direction and representation regarding toll related matters involving other tolling and public agencies including, but not limited to, the E-Z Pass Interagency Group, the New York/New Jersey tolling agencies, national toll interoperability, joint legislation, subpoenas, and investigations by other public agencies.
• Assist in the preparation of toll legislation/regulations and contracts.
• The incumbent is required to perform other assignments as requested.

KNOWLEDGE, SKILLS, AND ABILITIES

• Timely completion of detailed toll-related legal work involving multiple stakeholders both internally and externally. This job involves significant interaction with these stakeholders and development and analysis of supporting materials for decision-making.

EDUCATION AND EXPERIENCE:         

• Juris Doctor degree from an accredited law school; New York State Bar admission and license to practice law maintained in good standing throughout employment.
• In addition, a minimum of three to five years of litigation experience in New York State courts and/or federal courts or administrative tribunals is required.
• Experience in procedural/substantive areas of law relevant to public sector law, regulatory, environmental, contractual and/or enforcement, as well as state and federal consumer protection laws, rules, regulations and procedures is preferred.

A background in toll-related matters is preferred.

OTHER INFORMATION:

Pursuant to the New York State Public Officers Law & the MTA Code of Ethics, all employees who hold a policymaking position must file an Annual Statement of Financial Disclosure (FDS) with the NYS Commission on Ethics and Lobbying in Government (the “Commission”).

HOW TO APPLY:  

Internal applicants

MTA employees must apply via My MTA Portal. You can submit an online application by logging into My MTA Portal, clicking the My Job Search ribbon, and selecting the “Careers” link.

Logging in through My MTA Portal will link your BSC ID number to your job application to identify you as an internal applicant.

Equal Employment Opportunity

MTA and its subsidiary and affiliated agencies are Equal Opportunity Employers, including with respect to veteran status and individuals with disabilities.

The MTA encourages qualified applicants from diverse backgrounds, experiences, and abilities, including military service members, to apply.