Summary
THIS IS A NATIONAL GUARD TITLE 5 EXCEPTED SERVICE NON-BARGAINING UNIT POSITION.
This National Guard position is for a ATTORNEY-ADVISER (GENERAL), Position Description Number T5160P02 and is part of the Montana Army National Guard, JAG. (A copy of the Position Description can be obtained from HRO upon request.)
Selected candidates will NOT be required to be a member of the Montana Army National Guard.
Selecting Official: Col Schneider
This job is open to
Clarification from the agency
This position is open to: CAT 7 - Open to the public for U.S. Citizens (Veterans' Preference DOES apply.)
Duties
Acts as a legal adviser and attorney for the state/territory National Guard, responsible for assisting in the formulation of state/territory legal policy and its execution legal representation; legal initiatives; interpretation and litigation of U.S. and state/territory(s) constitutional, civil, criminal, environmental, labor law; international law and treaty agreements; trial defense; and a full spectrum of expert legal advice. Assignments include some of the most diverse, complex, difficult and novel legal issues found in the areas of: homeland security, emergency response, sovereignty, state/territory compacts, fiscal and contract law, civil affairs, employer support, military statute and administrative law (Federal & state/ territory), nonmilitary employment law (Federal & state/territory), administrative law, environmental law and emerging areas of law, i.e. domestic operations, intelligence law, weapons of mass destruction emergency response and assistance to civil authorities, etc., and victims' rights law and is responsible for assisting in the formulation of state/territory legal policy and its execution in the area of sexual assault accountability, prevention, and response; sexual harassment; domestic abuse and lines of duty and medical discharges for Army and Air personnel. Included in this duty is to assist the Adjutant General to publish the accountability actions taken associated with substantiated allegations of sexual assault, domestic sexual abuse, and sexual harassment (both formal complaints and violations of the UCMJ or state military code), to coordinate with local law enforcement and prosecutors to track cases of sexual assault involving National Guard perpetrators or victims, and to provide legal support to staff elements whose duties include sexual assault accountability, prevention, and response. Counsel provided covers the full spectrum of legal and organizational concerns, frequently involving the most politically and legally substantive, sensitive and privileged issues faced by senior public sector leaders.
Responsible to advise on the legal, factual and other impacting aspects of drafting, interpretation and application of legislation, regulation, tasking orders, decision, opinions or other guiding, or lack thereof, instruments associated with emerging or highly conflicted, sensitive and emotionally charged issues relating to sexual assault/harassment and domestic violence/abuse. Advises appointed and elected leaders on the appropriate use of NG personnel, resources and status issues for critical and diverse missions, emergency responses, contingencies and exercises, ensuring execution is consistent legislative intent, executive orders, current U.S. Codes and state/territory laws, court decisions and agreements.
Serves as the state/territory NG litigation point of contact. Represents the state/territory NG in all legal matters in state/territory and Federal courts of original or appellate jurisdictions. The incumbent seeks to prevent avoidable litigation but may serve as Special Assistant to the U.S. Attorney or Assistant Attorney General at trial as cases dictate. Conducts investigations of fact and legal sufficiency; advising on administrative remedies; develops the trial strategy, content and means of presentation, and trial delivery; makes motions; and conducts post-trial duties. Prepares litigation reports, briefs, pleadings and other papers associated with litigation involving the state/territory NG interests. The incumbent advises on discovery obligations for senior leaders and members of the state/territory NG.
Serves as an attorney/adviser providing acquisition and fiscal legal advice to the state/territory's assigned United States Property & Fiscal Officer, particularly in the area of emerging requirements in victim support and legal resourcing and active-duty military advisers. Advises ARNG and ANG contracting officers, reviews contracts, procurement actions and real property matters involving Federal and state/territory funds for legal sufficiency, appropriate titling and claim initiation or resolution actions. Acts as the Adjutant General's representative in third-party proceedings under Federal labor management and equal employment opportunity statutes and regulatory provisions. Represents the state/territory NG as a trial attorney on all sexual assault, sexual harassment and domestic violence cases, administrative judges and arbitrators from various appellate bodies including the EEOC, the FLRA, the NG Office of Complex Investigations, the Federal Services Impasses Panel and Federal and State Courts. Possesses a thorough understanding of controlling labor laws, regulations, labor arbitration, collective bargaining agreements and pertinent labor relations practices.
Requirements
Conditions of Employment
- Federal employment suitability as determined by a background investigation.
- May be required to successfully complete a probationary period.
- Participation in direct deposit is mandatory.
- External applicants must be able to start within 6 months of selection.
- Must be able to obtain and maintain the appropriate security clearance of the position.
- This position is covered by the Domestic Violence Misdemeanor Amendment (30 Sep 96) of the Gun Control Act (Lautenberg Amendment) of 1968. An individual convicted of a qualifying crime of domestic violence may not perform the duties of this position.
- 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.
- Must either be currently in good standing (certified) with a State Bar or able to obtain certification.
- 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.
- This designation will not exceed 14 calendar days per year unless otherwise approved in advance by the TAG.
- JAGs must biennially self-certify with NGB GC IAW CNGBM 0408.01, Professional Responsibility Procedures for National Guard Civilian Attorneys.
- Selected applicant must pass a NGB General Counsel review for qualification review before given a job offer.
Qualifications
SPECIALIZED EXPERIENCE:
Must possess at least 2 years experience equivalent to the next lowest grade which includes preparing pleadings, motions, affidavits, and other materials involving legal issues in civil or criminal litigation; conducting civil or criminal litigation (to include appellate practitioners); analyzing cases or requests for legal sufficiency; and providing expert legal advice and consultation; or serving as a judicial clerk who conducted legal research, drafted opinions, prepared bench, research and trial memoranda, performed legal analysis, and briefed the judge on various legal issues; formulated recommendations to senior managers; developing policy or issue briefs and reports; drafting congressional or other hearing testimony, and preparing advocacy and strategy documents for specific policy issues.
Education
Must possess a law degree (J.D.) from a law school accredited by the American Bar Association and currently be an active member in good standing of the Montana bar or have the ability to become an active member in the Montana bar within six months of employment. (Copies of all relevant transcripts must be provided. Official copies may be required at a later date.)
Benefits
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.
Review our benefits
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.
How You Will Be Evaluated
You will be evaluated for this job based on how well you meet the qualifications above.
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.
Required Documents
To apply, you must submit a complete application package, if required items are missing, incomplete, and/or resume does not address the qualifications/experience requirements listed in the announcement and assessment, the applicant may be deemed unqualified and/or be found ineligible for Veterans' Preference (if applicable).
Required Documents:
1. Your resume MUST contain a DETAILED description (how, when, where, and at what level) in your own words, of civilian and/or military training/experience/education as it relates to the General and Specialized Experience.
2. List of other supporting documents in item 2a below.
3. Veterans' Preference documents:
-If claiming 5pt Veterans' Preference, MUST submit DD-214 (Member Copy 1 NOT accepted) or items listed in item 3a below.
-If claiming 10pt Veterans' Preference, MUST submit with resume, a (VA) Disability Verification Letter with DD-214 (Member Copy 1 NOT accepted). Those claiming Spousal or Parental Veterans' Preference must submit a completed SF-15 with packet; others may be requested to complete SF-15 later. See the documents listed below in items 3a and 3b.
-If claiming preference or hiring authority as a Military spouse, the documents listed in items 3a, 3b, and 3c.
NOTE: DD-214 Member Copy 1 WILL NOT be accepted for determination of Veterans' Preference eligibility.
More information:
2a. Other supporting documents: Items used to qualify applicant and those listed on announcement as required MUST be submitted; (i.e., copy of transcripts (IF USING EDUCATION AS A SUBSTITUTION FOR SPECIALIZED EXPERIENCES), Military membership documents (NGB 22/22A), certifications, SF-50s and other items).
3a. A DD-214 (Member Copy 1 not accepted) is REQUIRED if claiming any Veterans' Preference. Review 3b for 10pt requirements (MUST submit VA Disability Verification Letter with resume). It must be legible and shows dates of service, expedition/campaign medals (if using for Veterans' Preference), character of service (honorable, general, etc.). HRO prefers DD-214 Member Copy 4. If you are a current active duty military member who does not have a DD-214 and are claiming preference under the Veterans Opportunity to Work (VOW) Act, you must submit certification from the Armed Forces indicating that you will be discharged or released under honorable conditions from active duty within 120 days from the date on the certification. Certifications must be on letterhead from the appropriate military branch and include the following information: military dates of service and expected discharge or release date, character of service, military rank, type of discharge and date when terminal leave will begin. Certifications must be signed by, or by direction of military member's military personnel offices, unit commanders or higher headquarters.
3b. If claiming 10pt preference (disability - XP, CP, CPS) or Sole Survivor Preference (SSP), you must submit a disability verification letter with DD-214. An SF-15 is required for Spousal or Parental Veterans' Preference; for all other must be submit SF-15 if requested. Forms must be completed and submitted with supporting documentation of claim listed on form and any listed disability documentation (if claiming disability preference) for claiming. Copy of marriage certificate is required for spouse's SSP or XP claims. You may obtain a letter from the Department of Veterans Affairs reflecting your level of disability for preference eligibility by visiting a VA Regional Office, contacting a VA call center or online. For SF-15: http://www.opm.gov/forms/pdf_fill/SF15.pdf.
3c. If claiming preference or hiring authority as spouse of a veteran, a copy of the marriage certificate is also required in addition to item 4a documents, i.e., for DoD Priority Placement Program (must notify HRO rep on advertisement if claiming this status), and SSP or XP Veterans' Preference claims.
Veterans' Preference: When applying for Federal Jobs, eligible veterans should claim preference for 5pt (TP), 10pt (CP/CPS/XP), or for spouses claiming Sole Survivor Preference (SSP) in the questionnaire/application. If you are currently serving on active duty and expect to be released or discharged within 120 days you must submit documentation related to your active duty service which reflects the dates of service, character of service (honorable, general under honorable, etc.), and dates of impending separation. Additionally, disabled veterans and others eligible for 10-point preference (such as widows or mothers of eligible veterans) must also submit an SF-15 "Application for 10 Point Veteran Preference" with required proof as stated on the form. Documentation is required to award preference.
If you are relying on your education to meet qualification requirements:
Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from
schools accredited by accrediting institutions recognized by the U.S. Department of Education.
Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.
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/12419017
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/.
Next steps
Once your online application is submitted you will receive a confirmation notification by email. Your application will be evaluated by the Human Resources Office to determine your eligibility for the position. After the evaluation is complete, you will receive another notification regarding the status of your application.
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