Deputy Commissioner of Accountability

About the role

The New York City Department of Correction (DOC) is an integral part of the City's evolving criminal justice system, participating in reform initiatives and strategies aimed to move the City towards a smaller jail system without compromising public safety. The DOC is responsible for maintaining a safe and secure environment for our employees, visitors, volunteers and people in our custody.

Importantly, safe jails enable DOC to provide people in custody with the tools and opportunities they need to successfully re-enter their communities. The DOC operates facilities and court commands across the five boroughs with more than 7,500 diverse professionals and knowledgeable experts.

The Trials Division and the Facility Discipline Division are instrumental to DOC's efforts to ensure the integrity, professionalism, and discipline of its staff and the accountability of People in Custody (PIC). The units are responsible for ensuring swift and meaningful discipline for staff misconduct and for overseeing PIC infractions and placement hearings.

Under the direction of the Senior Deputy Commissioner for Investigations, Intelligence & Accountability, with the widest latitude for the exercise of independent judgment and initiative, the Deputy Commissioner of Accountability will be responsible for directing and overseeing the day-to-day operations of three Divisions: the Trials & Litigation Division, the Adjudications Unit and the Informal Charges & Discipline Unit.

The Trials Division is responsible for the prosecution of all formal disciplinary matters brought against members of the uniform force. Settlement negotiations and disciplinary trials occur at the New York City Office of Administrative Trials and Hearings (OATH). The selected candidate will make decisions on misconduct penalties and will oversee all disciplinary trials. The Deputy Commissioner will make recommendations to the DOC Commissioner and the Remediation Manager for final approval.

The Informal Charges & Discipline Unit (ICDU) is similarly responsible for disciplining staff misconduct, however the penalties within this unit are considered "informal" and stay on a member's record for one-year. The unit is tasked with adhering to Departmental policy in attempting to correct low-level misconduct amongst uniform staff. The Deputy Commissioner will be tasked with overseeing this process to ensure misconduct is fairly addressed, and to coordinate consistent outcomes.

The Adjudications Unit handles PIC infraction hearings as well as other special hearings to determine proper placement of PIC's within the jails. The Deputy Commissioner will ensure the proper, equitable and efficient oversight of these hearings.

The successful candidate must have substantial experience with trial practice, litigation, conducting investigations, and relevant court proceedings.

The candidate will advise and collaborate with various units in the agency including the Investigation & Intelligence Division, Human Resources, Labor Relations, Legal Division, Bureau of Administration, and the Health Management Division, and will be required to liaise with leadership from these divisions.

The candidate will be responsible for monitoring the preparation of cases for trial or settlement; mapping legal strategy for litigation of administrative and disciplinary actions; reviewing all negotiated pleas and settlements; formulating and modifying agency policies and procedures regarding employee discipline; conducting negotiations with opposing counsel and other parties; developing and implementing mechanisms to ensure agency policies are applied fairly and effectively; and tracking and reporting agency disciplinary activity.

At all times, the candidate will act with integrity and impartiality.

The Deputy Commissioner will also be tasked with providing counsel to the Department's executives on confidential matters relating to discipline and adherence to Departmental standards serve as the Department's liaison with law enforcement agencies on matters relating to employee misconduct; support the development and implementation of policy related to discipline, and perform other assignments of a highly confidential and sensitive nature as directed; and serve on policy implementation committees as needed.

The Deputy Commissioner will also support the Department's efforts to achieve compliance with external oversight requirements which concern the disciplinary process (e.g., court monitorships).

Qualifications & Requirements

Admission to the New York State Bar; and four years of recent full-time responsible, relevant, satisfactory 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.

Incumbents must remain Members of the New York State Bar in good standing for the duration of this employment.