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 and is part of the MD JFHQ, National Guard.

Duties

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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

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Conditions of employment

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

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.)

This is a career ladder position. Applicants may be selected at any level advertised in the vacancy announcement. If selected below the full performance level, employees may be non-competitively promoted up to the full performance level upon verification of qualifications and management concurrence.

SPECIALIZED EXPERIENCE:

GS-12: GS-12 or equivalent entry-level attorneys are entrusted with the initial preparation of proposed solutions to projects. They conduct investigations to obtain facts, study legal precedents, make recommendations, and prepare necessary documents. They receive preliminary instructions, their commitment authority is limited, and their completed written work is carefully reviewed.

Assignments require the first professional law degree (LL.B. or J.D.), active membership in the bar of the highest court of a State, Territory, or the District of Columbia, and one of the following:

(a) Two years of professional legal experience at or equivalent to the GS-11 level.

(b) The second professional law degree (LL.M.) plus one year of professional legal experience at or equivalent to the GS-11 level.

An attorney without experience may be employed at the GS-12 or equivalent level if the individual has advanced educational attainments substantially beyond those required for work at the GS-11 or equivalent level and if their education clearly indicates ability to perform the type of work to be assigned, including courses directly pertinent to the work of the agency. The individual's education must enable them to step into complex legal work characteristic of the GS-12 or equivalent level and to operate with the degree of independence and responsibility typical of that level.

GS-13: In addition to the requirements of the GS-12, the attorney shall have professional legal experience in excess of 2 years that is commensurate with the duties and responsibilities of the position.

Length of time is not of itself qualifying. Candidates' experience should be evaluated on the basis of duties performed rather than strictly on the rank of the individual; however, established compatibility criteria/assignments must be followed. The applicant's record of experience and/or training must show possession of the knowledge, skills and abilities needed to fully perform the duties of the position.

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.

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.

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Candidates should be committed to improving the efficiency of the Federal government, passionate about the ideals of our American republic, and committed to upholding the rule of law and the United States Constitution.

Benefits

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A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Opens in a new windowLearn more about federal benefits.

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Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time or intermittent. Contact the hiring agency for more information on the specific benefits offered.