ATTORNEY-ADVISER (GENERAL) (TITLE 32)

Summary

THIS IS A NATIONAL GUARD TITLE 32 EXCEPTED SERVICE POSITION.

This National Guard position is for a ATTORNEY-ADVISER (GENERAL) (TITLE 32), Position Description Number and is part of the NC ANG, National Guard (ANG - Wing Judge Advocate / PN 1056991).

Duties

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As an ATTORNEY-ADVISOR (GENERAL), GS-0905-14, you will furnish authoritative legal advice, options, alternative courses of action, and recommendations to the Adjutant General, senior military leaders, and staff elements on all matters arising from National Guard and state militia operations; spearhead preventive law initiatives by anticipating complex legal issues, mitigating legal risk, and interpreting DoD, NGB, Service, and state policies; review state military operations to ensure statutory and regulatory compliance; serve as the state National Guard Claims Officer and settlement authority for tort and non-contractual claims arising from operations; direct investigations and legal reviews under the Federal Tort Claims Act , Maritime Law, and state claims acts, exercise routine settlement and denial recommendations exceeding $100,000; coordinate and decide Touhy requests, subpoenas, and contentious Freedom of Information Act (FOIA) and Privacy Act releases; exercise staff oversight over all civil litigation affecting the state National Guard in coordination with the State Attorney General and US Department of Justice; monitor and provide binding guidance on environmental compliance across state installations and training areas under CERCLA, RCRA, Clean Water Act, Clean Air Act, NEPA, NHPA, and the Endangered Species Act, directly handling regulatory Notices of Violation (NOVs); serve as the designated Deputy Standards of Conduct Official and Ethics Counselor; direct the statewide Financial Disclosure Management program (OGE 450 / OGE 278); oversee/administer the state military justice program, advise convening authorities on courts-martial, non-judicial punishment , General Officer Memorandums of Reprimand , administrative separation boards, and officer withdrawal of federal recognition; exercise legal oversight over AR 15-6 investigations, Commander-Directed Investigations (CDIs), and federally mandated inquiries into sexual assault and servicemember suicides, coordinating with appointed investigating officers, the NGB Office of Complex Investigations (OCI), and Special Victims' Counsel (SVC); serve as the principal labor and employment law expert advising the Adjutant General, commanders, and the Human Resources Officer (HRO) on the full spectrum of civilian personnel administration; address complex issues affecting Title 32 Military Technicians/Title 5 excepted service civilians, including staffing, performance management, pay and allowances, disciplinary actions, reasonable accommodations and workforce restructuring; research and prepare definitive, precedent-setting legal opinions interpreting the federal and state Constitutions, the Civil Service Reform Act, Title 5 U.S.C. Chapter 71, executive orders, and agency regulation; act as reviewing authority for legal sufficiency on employee grievances, adverse action proposals, and union collective bargaining agreements; serve as the lead agency trial attorney representing the state National Guard in contested administrative hearings, third-party proceedings, and litigation; appear before Administrative Law Judges, hearing examiners, and arbitrators at the Merit Systems Protection Board, Equal Employment Opportunity Commission , and Federal Labor Relations Authority; formulate/implement statewide litigation strategy on novel issues and cases of first impression; confer with and advise DoD, Service, NGB, and Department of Justice counsel regarding litigation risk, defense posture, and appeals; draft pleadings, motions, and comprehensive briefs; conducts complex discovery; depose, prepare, and examine witnesses; present opening/closing statements; negotiate legally binding settlement agreements on behalf of deciding officials; serve as senior counsel for contract and fiscal law, providing expert interpretation of the Federal Acquisition Regulation, Defense Federal Acquisition Regulation Supplement , and National Guard acquisition directives; review for Military Interdepartmental Purchase Requests, Justification and Approval for other than full and open competition, and Economy Act Determination and Findings for strict compliance with fiscal law principles (purpose, time, and amount); provide day-to-day work leadership, technical direction, and administrative oversight to subordinate attorneys, paralegals, and administrative staff within the legal office; assign, monitor, and review work assignments; appraise employee performance; recommend performance awards; and approve within-grade increases; identify professional developmental needs and arrange formal and on-the-job training in military, labor, and fiscal law; address conduct and performance issues, implement informal corrective action and recommend formal disciplinary measures where necessary; approve leave schedules to maintain continuous operational coverage and apply Equal Employment Opportunity principles across all personnel actions; perform other duties as assigned.

Requirements

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Conditions of employment

• NATIONAL GUARD MEMBERSHIP IS REQUIRED. If you are not sure you are eligible for military membership, please contact a National Guard recruiter prior to applying for this position.
• This is an excepted service position that requires membership in a compatible military assignment in the employing state's National Guard, required prior to the effective date of placement.
• Selectee will be required to wear the military uniform.
• Acceptance of an excepted service position constitutes concurrence with these requirements as a condition of employment.
• Males born after 31 December 1959 must be registered for Selective Service.
• Federal employment suitability as determined by a background investigation.
• Participation in direct deposit is mandatory.
• As an Officer in the Air National Guard, must have completed the nine-week Judge Advocate Staff Course.
• Must not have any military disciplinary action (Article 15 or Court-Martial) on military records for engaging in an unprofessional or inappropriate relationship
• Must not have any Unfavorable Information Files, civil convictions (other than minor traffic violations), or open Inspector General investigations
• No record of conviction by civilian courts of offenses listed in the applicable Service Military Justice regulations
• You may be required to successfully complete a 1- or 2- year probation/trail period to assess performance, conduct, agency needs, public interest, and efficiency. Employment ends unless certified in writing that it advances the agencies interest.
• Must hold a Juris Doctor (J.D.) from an American Bar Association (ABA) accredited law school.

Qualifications

Military Grades: Officer (Lt Col/O5)

BASIC QUALIFICATION FACTORS

To qualify an applicant, apply and evaluate the applicant's competencies, experiences, completed education, learned skills, obtained knowledge, endorsed abilities, and training program accomplishments. The following six basic qualification competencies (Knowledge, Skills, Abilities, and Behaviors) are required to successfully meet the basic qualification factors within an applicable career level in the Series GS-0905, Attorney-Adviser program positions:

-Skilled in collecting and analyzing data effectively, efficiently, and accurately;

-Knowledgeable of military and civilian laws, directives, regulations, policies, and procedures;

-Skilled interpersonal communications, empathy, and effective listening;

-Ability to write English in reports and presentation formats;

-Ability to communicate -orally and in writing- clearly and effectively;

-Ability to organize thoughts, research materials, and manage case projects; and

-Skilled in comprehending and interpreting directives and laws.

GENERAL EXPERIENCE: Personnel must be competent at the next higher level before being eligible for that level. An applicant must have a validated understanding of the basic principles and concepts of the occupational series and grade.

SPECIALIZED EXPERIENCE: Must have at least 36 months work experiences as a professional Attorney Advisor. Knowledgeable of the Army National Guard and Air National Guard mission requirements. Competent in providing legal interpretation and guidance to managers and senior leaders on United States Code Title 32 A7 709, National Guard Program. Able to recognize and identify complex constitutional, state-federal, and military-civilian jurisidictional issues frequently associated with the organization and administration of the Title 32 National Guard, and articulate them in the appropriate forum or context. Competent in providing legal interpretation and guidance to managers and senior leaders on 10 United States Code, and the state equivalent to the federal Uniform Code of Military Justice. Experienced in conducting legal research in connection with cases pending administrative hearings, trials before courts of original jurisdiction, or arguments in appellate courts. Experienced in addressing legal questions referred by administrative officials of the employing agency, such as questions concerning the interpretation and application of statutes, rules, and regulations as they pertain to contracts, claims, or other legal instruments involving private business, state, local, national, or foreign governments. Experienced in addressing questions regarding the effects of provisions of proposed legislation or proposed changes in agency policies or regulations. Experienced in researching and providing legal advice in all functional areas of Administrative, Labor, Medical and Physical Disability, and Ethics Law. Additionally, capable of providing legal assistance in accordance with prescribed instructions and within legal guidelines.Experienced in planning, coordinating, and formulating litigation strategies. Experienced in addressingcomplex and difficult legal questions and factual issues requiring extensive research, analysis and evaluation of available precedents. Experienced in dealing with issues in the functional areas and demonstrated abilities to quickly identify both the legal and judgmental issues. As a subject matter expert, experienced in determining the facts and recommending effective solutions with minimal guidance or supervision. Experienced in developing and providing solutions to conflicting or contradictory DoD regulations, directives, and policies, and other NGB or state legal guidance. Experienced in addressing and resolving complex and difficult legal case problems, legal questions, or issues involved in the drafting of interpretation or application of legislation, regulations, contracts, decisions, or opinions requiring a solution. Experienced in preparing memoranda of reports that outlined and analyzed the factual and legal issues. Experiences involved preparing legal documents or advisory opinions, participated in contract negations, and examined documents for legal sufficiency. Skilled as a legal litigator and experienced in preparing litigation reports, briefs, pleadings, and other papers associated with civil litigations. Experienced in addressing Federal Labor-Management relations and skilled as a participating collective bargaining member of the management negotiating team. Skilled as the subject-matter expert in the complex and constantly evolving area of Medical and Physical Disability and Domestics Operations Law; conducted legal research, investigation and negotiation, and provided legal advice, opinions, recommendations and legal memoranda. Experienced in reviewing programs that requires analysis of interrelated issues of effectiveness, efficiency, productivity, and developing recommendations to resolve issues and problems. Competent in developing recommendations for overall detailed plans, goals, and objectives for implementation and evaluation of the legal program. Experienced in addressing issues, problems or concepts and skilled in observations and analysis projections. Experiences may have included addressing difficult and sensitive issues based on variations in the nature of the processes evaluated, the diverse missions of the units assigned, and resource limitations. Experienced in compiling, reconciling, and correlating data from a various sources, separate service programs, and integral record systems. Experienced in researching, cross-checking information, and interpreting data to obtain accurate and relevant information. Experienced and skilled in collecting information, documenting data to substantiate and validate findings, facts, or violations of government policies, procedures, and instructions. Skilled in negotiating with those who resist responding or cooperating, due to such issues as organizational conflict, competing objectives, or limited resources. Skilled in influencing managers or other staff officials to accept and implement findings or recommendations. Competent to meet with senior military and civilian leadership, high-ranking managers to include Adjutants General, commanders, other staff judge advocates, or other external agencies such as, representatives of the local community and private support organizations, state and local government authorities, or attorneys on an ad-hoc basis.

Supervisory Experience: Must have experiences in planning and scheduling work in a manner that promotes smooth flow and even distribution of assigned work requirements. Experienced in mentoring, training, and guiding employees on legal programs and legal procedures through assigned tasks. Experienced in balancing office case work-loads and providing advice and direction on a wide range of legal questions agency policies or regulations. Experienced in planning, coordinating, and formulating office program strategies. Experienced in structuring assignments to create effective and efficient procedures that resulted in measured task process results. Previous supervisory experiences created improvements in training applications and career development that resulted in the employees' increased performance values in quality work, timeliness considerations, and work efficiencies. Demonstrated experiences or endorsements on mentorship competencies provided to employees. Must have working knowledge of equal employment and