As a Deputy General Counsel (DGC), the incumbent has responsibility to provide legal advice and services to the SIGAR Inspector General (IG) and members of the IGs staff, supervises subordinates and ensures the adequacy of legal advice and services provided. As such, the incumbent is one of the principal OGC experts in SIGAR on all litigation and criminal matters relating to the authority and operations of the SIGAR and/or its IG.
Specific major duties and responsibilities of the incumbent include:
1. The incumbent regularly renders definitive legal opinions on litigation and investigation concerning the SIGAR requiring the IG's and GCs personal attention. A substantial number of these opinions are on matters of the greatest significance, requiring decisions by the IG. The incumbent is frequently called upon by the IG (and members of the IG's staff) to give on-the-spot oral opinions and legal interpretations on matters which require immediate decisions concerning potential or on-going litigation matters.
2. The IG relies heavily upon legal counsel for assistance in the refinement of broad plans and programs of primary interest, in the development of legal methods and means of accomplishing the desired results, and in assuring the legal sufficiency of all papers which require the IG's approval or concurrence. In this context:
(a) The incumbent participates in major planning and policy deliberations at top levels within the Office of the SIGAR, where participants include key officials and other personnel on the IG's staff, all of whom are specialists in various fields within their cognizance. These deliberations occur from time to time and vary in purpose, composition, and frequency depending upon the operational emphasis and other considerations. The incumbent analyzes the plans and procedures presented for consideration, and participate in debates and discussions concerning the merits of proposals, their impact on SIGAR programs, and their effect on established SIGAR procedures at all levels. The incumbent calls attention to legal requirements which must be met or which would limit or prohibit a proposed action. He suggests policy and procedural changes in such proposals to bring them within the limits of existing legal framework (or other legal documents) which would permit adoption of proposals.
(b) The incumbent reviews for legal sufficiency all working or completed audits and investigations, proposed audit and investigation directives, instructions, and regulations, and other similar documents or correspondence originating within the Office of the SIGAR ensuring redrafting as necessary. In this connection, the incumbent is frequently called upon to originate or to collaborate in the preparation of such matters.
(c) The incumbent also reviews for legal sufficiency all such papers referred to the SIGAR IG for approval or concurrence. If any such papers cannot be approved in whole or in part, the incumbent drafts statements of the IGs position or ensures that products are redrafted in acceptable form.
3. The incumbent advises other top officials within the SIGAR on any legal questions involving the IG's authority or responsibilities. He/she furnishes legal advice and assistance on questions that arise concerning recommendations made for SIGAR program elements by the IG.
4. The incumbent may be called upon to assist in preparing top officials within the Office of the SIGAR to testify before Congressional committees or independent commissions. Following formal hearings, the incumbent may also be called upon to represent the organizations interests in direct dealings with Members of Congressional committees and Committee or commission staffs. He/she also may be asked to review or prepare the language of proposed legislation, as may be necessary or desirable to further the interests.
5. In the course of SIGARs regular activities, the incumbent renders advice and legal
opinions on matters which have an impact on virtually all substantive and operational programs of the SIGAR, inasmuch as the recommendations of the SIGAR IG directly or indirectly influence the nature, scope, and methods of conducting SIGAR business at all operating levels. A few examples that are typical of the impact of the incumbents legal opinions outside the IG area are:
(a) Investigations: As a senior member of SIGARs OGC, the incumbent is a legal authority responsible for providing legal advice on issues pertaining to criminal and administrative investigations conducted under the purview of the SIGAR IG, including, but not limited to, those involving undercover operations, consensual monitoring, subpoena duces tecum, investigative jurisdiction, law enforcement authorities, and other related matters. The incumbent works with foreign and domestic federal, state and local civil and criminal prosecutive authorities, agencies and officials.
(b) Procurement. The incumbent is also responsible for providing legal advice concerning audit reports and criminal investigations that focus on the procurement process, as are within the scope of SIGARs oversight authority.
(c) Personnel. The incumbent is responsible for providing legal advice concerning special inquiries into allegations of reprisal, senior official misconduct and sexual harassment.
(d) International Matters. The incumbent may be asked to provide legal advice on matter of international law and policy, such as matters concerning audit reports that focus on Foreign Military Sales and contracts with foreign contractors. The incumbent's opinions may result in modifications to Memoranda of Understanding with foreign nations with which the United States does business.
(e) Fiscal Matters. The incumbent is responsible for providing advice concerning the appropriate funding of contracts, collection of debts, and other fiscal authorities within the scope of SIGAR authority. The incumbent's opinions may result in the reimbursement of funds to the United States government, or reports of Anti-Deficiency Act violations by external Federal offices and agencies
(f) Litigation Matters. As a liaison, the incumbent interfaces with Department of Justice (DOJ), U.S. Attorneys Offices (USAOs), Department of Defense (DOD) and Department of State (DOS) for all cases identified as requiring litigation, providing responses to complaints and participating in all phases of the discovery process including interrogation of the parties. The incumbent prepares all litigation reports and legal documents required and drafts motions, pleadings, briefs, and exhibits in support of SIGARs position.
(g) Prosecution Matters. The incumbent may also be assigned responsibility for analyzing all factors bearing on the advisability of filing suits and determining the SIGAR position where prosecutive action should be initiated. If action is initiated, the incumbent prepares pleadings for filing with the appropriate court, prepares and tries the case or serves as co-counsel with another attorney representing the United States Government.
(h) In addition to the foregoing, incumbent renders opinions and performs legal work having a decided impact on other substantive areas. These may include but are not limited to property management, contract fraud (both civil and criminal), program fraud, and SIGARs commercial activities including real estate leasing and related matters.
6. The incumbent will supervise subordinate OGC staff, communicate performance expectations, evaluate performance, and will manage the activities related to the professional development of the staff.
7. The incumbent will support a management culture that empowers employees to excel in their positions; improves the quality of life at the work place; provides fair and equitable treatment in all aspects of personnel management without regard to political affiliation, race, color, religion, national origin, sex, marital status, age or disability; and ensures proper regard for employees privacy and constitutional rights.
8. Over and above these regular duties, incumbent analyzes, on behalf of the SIGAR IG, and determines the legal implications of proposals, including legislative proposals, originating outside SIGAR that would have an impact on SIGAR operations.