Deputy Counsel Office of Cannabis Management Albany, NY 12226

Under the general direction of the General Counsel of the Office of Cannabis Management, the Deputy Counsel provides technical legal assistance and advice to the Executive Director and other executives in the agency. The incumbent interprets laws applicable to the agency and, where appropriate, may issue declaratory rulings. The Deputy Counsel consults with the Executive Director, First Deputy Director and other executives regarding new legislation and changes in existing laws. Advice and legal opinions are rendered concerning all programs administered by the Office of Cannabis Management (OCM). Counsel is provided on compliance with all applicable laws, rules and regulations. The Deputy Counsel develops and oversees the implementation of policies and procedures for Legal Services which are consistent with: policies of the Executive Director; State policies; Executive Orders; and all related statutory requirements. The incumbent ensures coordination of the Legal Unit operations with the activities of federal, state and local agencies, as well as with the business community.

Additional duties include, but are not limited to:

• Represent OCM with respect to legal matters. Act as primary legal liaison with: the Executive Chamber; the Legislature; the Office of the State Comptroller; the Attorney General’s Office; the Division of the Budget; the Department of Civil Service; the Governor’s Counsel; District attorneys; and other legislative, judicial and administrative offices.

• Develop, review and recommend to the Executive Director changes to existing legislation; recommend the creation of new statues, rules and/or policies in the furtherance of the agency’s goals and objectives.

• Implement new initiatives or modify existing legal programs as necessary in order to carry out pertinent aspects of the overall state- or agency-specific mission.

• Complete the chapter implementation report by monitoring legislative bills that are either approved or vetoed by the Governor after each legislative session and advising program staff as to implementation details in the case of an approval or consequences in the case of a veto.

• Provide guidance to the Office on matters related to Ethics and Public Officers Law, providing legal opinions, and making decisions regarding matters pertaining to ethics and conflicts of interest.

• Oversee Project Sunlight to comply with State laws governing outside influence on decision making.

• Review all proposed and existing federal, State and local legislation affecting OCM and make recommendations for appropriate action.

• Review OCM’s application of law and related policies and regulations and render formal opinions to various parties.

• Serve as primary legal consultant for the agency; review legal aspects of contract negotiations; and act as the agency liaison on litigation, including certification of claims and recommendations for settlements.

• Either directly or through the use of subordinate legal staff, act as hearing officer for OCM as necessary.

• Prepare as necessary, legislation, rules and regulations in support of the Office’s business units.

• Represent the Office with respect to legal matters. Act as primary legal liaison with the General Counsel and Executive Staff on all cannabis related matters;

• Develop, review, and recommend to executive staff changes to existing legislation or regulations; draft proposals for new statues, rules and/or policies in the furtherance of programs’ goals and objectives; negotiate bills and budget proposals with the legislature.

• Implement new initiatives or modify existing legal programs as necessary in order to carry out pertinent aspects of the overall state- or agency-specific mission.

• Review and negotiate contracts, non-disclosure agreements and memorandum of understanding on behalf of cannabis programs.

• Advise the agency on employee relation’s issues, including the conduct of investigations and agency-level hearings associated with Notices of Discipline. Provide guidance to the Legal Unit and Labor Relation’s staff regarding the development and presentation of the agency’s position during arbitration hearings.

• May authorize settlement of tort claims on behalf of the agency.

• Certify that an employee of the agency who is named as a defendant in a civil action while the employee was acting within the scope of his/her official duties is entitled to representation by the Attorney General or assigned counsel.

• Develop and implement project management principles within the Legal Division.

• Supervise Associate Counsels and subordinate professional, paraprofessional and/or clerical staff.