ATTORNEY-ADVISER (GENERAL)

Summary

THIS IS A NATIONAL GUARD TITLE 5 EXCEPTED SERVICE POSITION. This National Guard position is for a ATTORNEY-ADVISER (GENERAL), Position Description Number T6397000/T6400000 and is part of the MD 175th ANG, National Guard.

Duties

This position serves as an Attorney-Adviser in the Office of the Staff Judge Advocate / General Counsel for the State National Guard. The incumbent independently handles a wide spectrum of complex, difficult, and sensitive legal assignments involving general law, civilian labor and employment law, contract and fiscal law, administrative military law, ethics, and litigation. This position performs the following duties: General Legal Counsel & Administrative Law: Preventive Law and Operations: Furnishes professional legal advice and services on diverse, complex matters pertaining to the activities of the State National Guard and state militia. Assists leadership and staff elements by identifying potential legal issues, analyzing factual and statutory nuances, and recommending viable alternative courses of action. Claims and Tort Liability: Investigates, analyzes, and processes administrative claims under the Federal Tort Claims Act (FTCA), Military Claims Act (MCA), National Guard Claims Act, and state tort laws. Prepares formal findings, recommendations, and proposed determinations. For claims exceeding delegated local authority or $100,000, prepares comprehensive litigation and settlement packages with recommendations submitted through the General Counsel to higher authority. Military Justice and Inquiries: Reviews and provides legal sufficiency opinions on AR 15-6 investigations, Commander-Directed Investigations (CDIs), commander inquiries, administrative separation boards, General Officer Memorandums of Reprimand (GOMOR), Letters of Reprimand/Counseling, and AGR curtailments. Supports the administration of required investigations regarding service member suicides and unrestricted sexual assault reports by coordinating with appointed investigating officers, law enforcement, and victim advocacy teams. Information Release & Records: Reviews and responds to requests for records under the Freedom of Information Act (FOIA), the Privacy Act, and judicial subpoenas/orders. Formulates proposed agency responses to Touhy requests concerning military and civilian personnel appearances, depositions, or document production in third-party litigation. Environmental & Real Property Law: Advises on statutory compliance and regulatory matters involving NEPA, CERCLA, RCRA, Clean Water Act, Clean Air Act, and historic preservation laws. Reviews real property transactions, licenses, leases, and permits for legal sufficiency. Drafts initial responses to regulatory Notices of Violation (NOVs) and coordinates with state and federal environmental agencies under the direction of the General Counsel. Labor and Employment Law Counsel: Civilian Personnel Advice: Provides authoritative legal counsel to the Human Resources Officer (HRO), managers, and supervisors on federal civilian personnel administration, including National Guard Title 32 Dual-Status Technicians and Title 5 civilian employees. Advises on staffing, performance appraisal plans, adverse actions, performance-based actions (Chapter 43/75), employee accommodation requests, and union contract administration. Administrative Litigation & Hearing Representation: Agency Representative: Serves as agency representative/trial attorney before administrative tribunals, including the Merit Systems Protection Board (MSPB), Equal Employment Opportunity Commission (EEOC), Federal Labor Relations Authority (FLRA), and arbitration panels. Case Preparation and Trial Practice: Conducts pre-hearing discovery, interviews witnesses, prepares management witnesses for testimony, drafts motions, develops hearing exhibits, and writes pre-hearing and post-hearing legal briefs. Conducts direct and cross-examination of witnesses and presents opening and closing oral arguments. Contract and Fiscal Law: Contract Review: Reviews solicitations, Invitations for Bids (IFBs), Requests for Proposals (RFPs), proposed commercial contracts, inter-service support agreements (ISSAs), and modification instruments prior to execution by the United States Property and Fiscal Officer (USPFO) or contracting officers. Operational, Inter-Agency, and Specialized Law: Domestic Operations: Provides legal support on Defense Support of Civil Authorities (DSCA), state active-duty activations, and civil disturbance operations, analyzing rules on the use of force, Posse Comitatus Act limitations, and emergency management authority. Performs Other Duties as Assigned.

Requirements

Applicants who meet one of the DoD Priority Placement Program (PPP) categories below are eligible to apply with this preference. (See Required Documents section) Priority Placement Program, DoD Military Reserve (MR) and National Guard (NG) Technician Eligible Priority Placement Program, DoD MR and NG Preference Eligible Tech Receiving Disability Retirement Priority Placement Program, DoD Retained Grade Employees Priority Placement Program, Military Spouse Preference (MSP) Federal employment suitability as determined by a background investigation. May be required to successfully complete a trial period. Participation in direct deposit is mandatory. This position requires a secret security clearance; the incumbent of this position must obtain and maintain a secret Clearance. Ability to establish effective professional working relationships with coworkers and customers, contributing to a cooperative working environment and successful accomplishment of the mission. May be required to travel by car, in military and/or commercial aircraft, and by other means of transportation as appropriate to perform temporary duty assignments. Irregular and/or overtime (compensatory) hours may be required to support operational requirements or contingencies or may be required to work hours outside of the normal duty day. This position is designated as Essential Personnel and may be subject to duty in preparation for, or in response to, a state emergency or disaster declaration. Head of Agency requests to exceed 14 days in a calendar year must be approved in advance by the National Guard, Director of Manpower and Personnel (NGB-J1).

Qualifications and evaluation

Once the announcement has closed, your resume and supporting documentation will be used to determine if you meet the qualifications listed on this announcement. If you are minimally qualified, your resume and supporting documentation will be compared to your responses on the assessment questionnaire to determine your level of experience. If you rate yourself higher than is supported by your application package, your responses may be adjusted and/or you may be excluded from consideration for this position. If you are found to be among the top qualified candidates, you will be referred to the selecting official for employment consideration. Your qualifications will be evaluated on the following competencies (knowledge, skills, abilities and other characteristics): Legal, Government, and Jurisprudence

Education

Assignments require at least the first professional law degree (LL.B. or J.D.). You must provide transcripts or other documentation to support your Educational claims. To receive credit for Education, you must provide documentation of proof that you meet the Education requirements for this position.

How to apply

To apply for this position, you must complete the online application/Occupational Questionnaire and submit the documentation specified in the Required Documents section below. To view the Occupational Questionnaire, click the following link: https://apply.usastaffing.gov/ViewQuestionnaire/13105738 A complete application package must be submitted by 11:59 PM (EST) on the closing date of the announcement to receive consideration. To begin, click Apply to access the online application. You will need to be logged into your USAJOBS account to apply. If you do not have a USAJOBS account, you will need to create one before beginning the application. Follow the prompts to select your resume and/or other supporting documents to be included with your application package. You will have the opportunity to upload additional documents to include in your application before it is submitted. Your uploaded documents may take several hours to clear the virus scan process. After acknowledging you have reviewed your application package, complete the Include Personal Information section as you deem appropriate and click to continue with the application process. You will be taken to the online application which you must complete in order to apply for the position. Complete the online application, verify the required documentation is included with your application package, and submit the application. To verify the status of your application, log into your USAJOBS account (https://my.usajobs.gov/Account/Login), all of your applications will appear on the Welcome screen. The Application Status will appear along with the date your application was last updated. For information on what each Application Status means, visit: https://www.usajobs.gov/Help/how-to/application/status/.

Required documents

To apply for this position, you must submit a complete Application Package which includes: 1. Your resume showing: Contact Information-your name and the best way to contact you. Relevant work experience-include the employer's name, job title, start and end dates (month/year), the number of hours worked per week and describe how you meet the required qualifications of the job. Federal jobs should include series and grade. Education, certifications or licensures. 2. Other supporting documents: If you are a current Federal Employee, please submit your most current non-award SF-50 when applying. If selected, failure to submit this documentation may affect your pay and/or delay your appointment. Applicants claiming Priority Placement Program, DoD Military Reserve (MR) and National Guard (NG) Technician Eligible must submit the following documentation: - Military Reserve and National Guard Technician PPP Self Certification Checklist (DD 3145-3) - Termination SF-50 Separation stating that the applicant has Priority Placement Eligibility - Notice of Separation confirming of eligibility. Applicants claiming Priority Placement Program, DoD MR and NG Preference Eligible Tech Receiving Disability Retirement must submit the following documentation: - Military Reserve and Technician Disability PPP Self Certification Checklist (DD 3145-2) - Termination SF-50 Separation stating that the applicant has Priority Placement Eligibility - Notice of Separation confirming of eligibility. Applicants claiming Priority Placement Program, DoD Retained Grade Employees must submit the following documentation: -DoD Retained Grade Self Certification Checklist (DD 3145-1)- SF-50 effecting the placement in retained grade status - Copy of the notification letter the employee received (RIF or classification downgrade) Applicants claiming Priority Placement Program, Military Spouse Preference must submit the following documentation: - DoD Military Spouse Preference Self Certification Checklist (DD 3145-4) - Sponsor's PCS Orders- Proof of Military member's current active duty status - Marriage Certificate Veterans Preference There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the Department of Defense considers veterans' preference eligibility a positive factor for attorney hiring. Applicants eligible for veterans' preference must include that information in their cover letter or resume and attach supporting documentation (for example, DD Form 214, "Certificate of Release or Discharge from Active Duty") to their submissions. Although the point-preference system is not used, applicants eligible to claim a 10-point preference must submit a Standard Form SF 15, "Application for 10-Point Veteran Preference," and supporting documentation required for the specific type of preference claimed. (SF 15, which lists the types of 10-point preference and the required supporting documents, is available from the Office of Personnel Management Website at www.opm.gov.)

Additional information

If you are a male applicant who was born after 12/31/1959 and are required to register under the Military Selective Service Act, the Defense Authorization Act of 1986 requires that you be registered or you are not eligible for appointment in this agency (Register | Selective Service System : Selective Service System (sss.gov)). We may use this announcement to fill additional vacancies within 180 days of the closing date. This position MAY be eligible for recruitment or relocation incentives, pending availability of funding and management request. This position is in the Excepted Service and does NOT convey eligibility to be converted to the Competitive Service.