Associate Counsel, Litigation - Tolls Group - General Law I

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.

Opening:

The Metropolitan Transportation Authority is North America's largest transportation network, serving a population of 15.3 million people across a 5,000-square-mile travel area surrounding New York City, Long Island, southeastern New York State, and Connecticut. The MTA network comprises the nation’s largest bus fleet and more subway and commuter rail cars than all other U.S. transit systems combined. MTA strives to provide a safe and reliable commute, excellent customer service, and rewarding opportunities.

Job 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 are now 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. Defend TBTA in litigation related to tolls brought by third parties.
• Assist in the preparation of toll legislation/regulations and contracts.
• 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.
• Handle affirmative property damage claims related to incidents on bridges and in tunnels.
• The incumbent is required to perform other assignments as requested.

Required Education and Experience:

• JD from an accredited law school and licensed to practice law in New York. 
• Minimum 3 years of litigation experience in New York State courts and/or federal courts or administrative tribunals.
• Minimum 1 year of previous relevant law firm or in-house experience.
• Bar admission: A recent law school graduate who has taken the New York Bar but not yet been admitted to practice in New York may serve in the position at Level 1 for a period not to exceed one year.
• A license to practice law maintained in good standing throughout employment is required.

The Following is/are preferred:

• 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.
• Public sector legal experience, particularly in New York City or New York State preferred.
• A background in toll-related matters is preferred.

Other Information

May need to work outside of normal work hours (i.e., evenings and weekends)

Travel may be required to other MTA locations or other external sites.

According 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”).

Equal Employment Opportunity

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

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