Counsel

Minimum Qualifications Graduation from an accredited law school and admission to the New York State Bar.
Seven years of post-Bar legal experience. Experience must be in New York State and/or federal tax laws.
Excellent legal research and writing skills and must be able to draft preliminary decisions.
Knowledge of the New York State and federal tax laws, regulations and related case law.
Knowledge of the New York State administrative hearings process and procedures.
Ability to analyze complex statutes, regulations and case law and communicate clearly.
Ability to set priorities and meet deadlines effectively.
Ability to work independently and as part of a team.

Duties Description The Counsel to the Tax Appeals Tribunal (Counsel) serves as the chief legal advisor to the Tax Appeals Tribunal (Tribunal) and chief legal officer for the Division of Tax Appeals. The Counsel is responsible for the overall direction and supervision of the Counsels Office, which is comprised of the Counsel, Assistant Counsel(s) and a paralegal. The Counsel reports directly to the President of the Tribunal and is a member of agency senior staff.

The responsibilities of the Counsel include:

Ensure timely issuance of Tribunal decisions by managing the inventory of Tribunal cases; review exceptions (appeals) to Administrative Law Judge determinations and provide legal analysis of exceptions before the Tribunal; identify the issues raised in each exception.

Research and draft decisions for consideration by the Tribunal.

Research and edit Tribunal decisions drafted by Commissioners and Assistant Counsel prior to issuance and advise the Tribunal on the potential impact of its decisions.

Supervise, train, and evaluate Assistant Counsel and provide day-to-day guidance on research and writing issues; assign Assistant Counsel Tribunal decisions to draft, including majority and dissenting opinions, when required, and memoranda for the Tribunal on the important issues, explaining the question, background, possible resolutions and the impact of such resolutions. Provide overall supervision of counsel staff.

Attend deliberations of the Tribunal and assist in discussion and resolution of the issues.

Assist the Tribunal in preparing for oral argument by briefing the Tribunal on issues that should be addressed at oral argument. Attend all oral arguments.

Recommend rule and procedural changes pertaining to the operations of the Tribunal and the Division of Tax Appeals. Oversee the process for regulatory changes.

Provide well-reasoned advice on substantive and procedural issues that arise in the course of the Tribunals activities.

Attend monthly senior staff meetings and participate in agency policy decisions.

Serve as agency Ethics Officer.

Perform special projects as assigned by the President.

Additional Comments The NYS Tax Appeals Tribunal (Tribunal) is seeking candidates for a Counsel position. The Tribunal is the appellate level of the Division of Tax Appeals, New York States quasi-judicial administrative agency charged with resolving formal disputes between taxpayers and the Department of Taxation and Finance.

The Counsel position is a full-time, permanent position in the Exempt jurisdictional class, which reports to the President of the Tribunal.

Telecommuting up to 40% is permitted with supervisors approval.
Pursuant to Executive Order 161, no State entity, as defined by the Executive Order, is permitted to ask, or mandate, in any form, that an applicant for employment provide their current compensation, or any prior compensation history, until such time as the applicant is extended a conditional offer of employment with compensation. If such information has been requested from you before such time, please contact the Office of Employee Relations at (518) 474-6988 or via email at [email protected].
Candidates from diverse backgrounds are encouraged to apply. DTA is an equal opportunity employer and is committed to workplace diversity.
If you have a disability or special need that requires accommodation, please send a request to [email protected].

**This position will require additional credentials or a background check to verify your identity.**

Some positions may require additional credentials or a background check to verify your identity.