Clarification from the agency

TITLE 5 EXCEPTED SERVICE POSITION OPEN TO AREA 3: Public, Veterans, Reserve & National Guard Military Members, Former and Current Federal Employees.

As a ATTORNEY-ADVISER (GENERAL), GS-0905-14, duties include:

1. Furnishes legal advice and services on all matters arising from, or pertaining to, activities of the state National Guard and state militia. Assures that both Adjutant General, head of the state military department and staff elements receive the best possible legal advice and recommendations for actions. Provides options, alternative courses of action, and recommendations in the resolution of problems or the accomplishment of desired results. Responsible for preventive law, which requires foreseeing potential issues, taking proactive action to deflect, and resolving the concern. Must be fully knowledgeable of Department of Defense (DoD), service, NGB, state policies and operations, and local policies in order to recognize potential issues and problems before they arise, and to provide meaningful input into appropriate resolutions. Maintains the capability and knowledge of all aspects of the law and regulations which affect the operations of the state national guard, state militia, and their personnel. Exercises oversight over the day-to-day legal operations within the state National Guard and state militia. Reviews state National Guard operations, and takes necessary action where required, to assure competent functioning. Assures that policy guidance from DoD, NGB, service departments, and state decisions on legal and policy concerns are understood and carried out as intended. Oversees, drafts, and reviews all federal contracts from RFP to post-award for legal sufficiency prior to submission to US Property and Fiscal Officer (USPFO). Assures that contractual documents are prepared in a legally acceptable manner, considering laws and regulations. Acts as state National Guard settlement authority for claims, and contract disputes for budgets that may routinely exceed a billion dollars. Advises contracting officers on contract terminations and bid protests. Serves as the state National Guard claims officer. Provides staff oversight and legal advice on all non-contractual claims arising from operations of the state National Guard. Assures that cases resulting from accidents or injuries dealing with basic tort law are handled in a legal and professional manner. Cases arising under the Federal Tort Claims Act, Maritime Law, state law or government operations, are reviewed to assure the proper legal rules and case laws are followed. Recommendations are made as to settlement where the state National Guard has settlement and denial authority on a routine and regular basis that exceeds $100,000. Advises on the legal responsibilities of state National Guard employees and National Guard military personnel concerning Financial Liability Investigations of Property Loss. Furnishes legal advice regarding the application of restrictions and limitations contained in authorization and appropriation acts, and related legislation as they affect the state NG. Advises on legal aspects of all federal and state legislative matters affecting the state NG and provides upon request, information for federal and state legislative committees, hearings, and investigations. Furnishes legal advice and assistance on all legal matters involving the acquisition, management, or disposal of real estate interests within the state NG. Advises and reports on requests for release of state NG information, records, and appearance of personnel in litigation involving state NG as an interested party, or when required by the court to provide documents or testimony. Makes and responds to Touhy requests in the event of disputes or problems, makes decisions as to release of information requested under the Freedom of Information Act, or to recommend denial to higher authority. Determines issues involving the Privacy Act similarly. Furnishes legal advice on matters relating to the state National Guard contract labor relations program. Provides staff oversight and legal advice on all litigation matters affecting the state National Guard, and provides liaison with DoD, services, and NGB. Responsible for all litigation affecting the state National Guard. Monitors and provides guidance with respect to responsibilities of the state NG in environmental matters, to include the following: CERCLA, RCRA, Clean Water Act, Safe Drinking Water Act, Clean Air Act, FIFRA, TSCA, NEPA, NHPA, Endangered Species Act, Marine Mammal Protection Act, Coastal Zone Management Act, Wilderness Act, and other federal, state and local laws and regulations affecting Army or Air Guard activities or their real property interests. Has primary responsibility for handling regulatory Notices of Violations for environmental violations and assisting the State's attorney General with environmental litigation.

--Please review link to PD for Full list of Duties--

Conditions of employment

• Males born after 31 December 1959 must be registered for Selective Service.
• Obtain/maintain the level of security clearance/background check required
• May be required to successfully complete a probationary period.
• Direct Deposit is mandatory

Qualifications

Security Clearance/Background Check requirements:
In order to comply with US DOD requirements and ensure the safety and security of the missions, programs, property and personnel of the Nebraska Military Department, employees must obtain the appropriate background investigation and maintain the level of security clearance assigned to their respective work.

Failure to obtain, within one year of appointment, and maintain the designated type of security clearance/background check required for the respective work may result in a job offer being rescinded, separations of employment, or other actions as may be deemed in the best interest of the agency.

Prior to appointment individuals must meet the security clearance requirements for the position or submit the required documents of the Nebraska National Guard, Personnel Security Manager for processing the appropriate investigation. Required forms: SF86, PSIP Initiation Form, Fingerprints, OF306 and Application/Resume.

Nebraska National Guard Personnel Security Manager - benjamin.p.stewart4.civ@mail.mil; 402-309-8319


GENERAL EXPERIENCE:
You must possess the first law degree, a LL.B or a Juris Doctorate (J.D.) from an accredited ABA law school, and, at a minimum, must have in excess of three years of post-J.D. legal experience, one of which was specialized experience at, or equivalent to, the GS-13 grade level. Specialized experience is commensurate with the duties and responsibilities of the position. The quality of the individual's background may be evidenced by the relatedness of his or her specialization. Examples of specialized experience include: 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.

COPIES OF COLLEGE/UNIVERSITY TRANSCRIPTS AND A COPY OF YOUR PROFESSIONAL BAR MEMBERSHIP LICENSE ARE REQUIRED FOR THIS POSITON. FAILURE TO ATTACH THE REQUIRED DOCUMENTS WILL MAKE YOU INELGIBLE FOR THIS POSITION.

SPECIALIZED EXPERIENCE:
Must possess at least 24 months work experiences as a professional Attorney Advisor serving as Judge Advocate. Knowledgeable of the Army National Guard mission requirements and Air National Guard mission requirements. Competent in providing legal interpretation and guidance to managers and senior leaders on Title 32 § 709, United States Code, 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 theTitle 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 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 addressing complex 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 to address 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 required analysis of interrelated issues of effectiveness, efficiency, or productivity; and, developed recommendations to resolve issues and problems. Competencies were gained 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 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.

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. Your answers to the assessment questionnaire will be verified against information provided in your resume and other supporting documentation. Be sure that your resume clearly supports your responses to all the questions addressing experience and education relevant to this position.

In describing your experience, please be clear and specific, we will not make assumptions regarding your experience. If, after reviewing your resume and supporting documentation, a determination is made that you have inflated your qualifications or experiences, your rating will be adjusted or you may be excluded from consideration for this position.

Your qualifications will be evaluated against general and specialized experience under the "Qualifications" section and against the following competencies (knowledge, skills, abilities and other characteristics):

Attention to Detail, Customer Service, and Decision Making

NUMERIC CATEGORY:
Applicants who meet the basic qualification requirements will be placed in a numeric group based upon ranking factors such as knowledge, skills, abilities, and behaviors as reflected in their application package. Refer to NE TPR 335 dated 4 April 2018.

Numeric category ratings are:
Highly-Qualified: 90-100 points. To be highly-qualified, an applicant substantially exceeds the minimum qualifications of the position, including all selective placement factors and are fully competent to effectively perform all the job requirements in the position almost immediately with minimum training or orientation;
Well-Qualified: 80-89 points. To be well qualified, an applicant meets the minimum qualifications of the position and is proficient in most, but not all, of the requirements of the position. May require some training or orientation to satisfactorily perform the duties of the position;
Qualified: 70-79 points. To be qualified, an applicant meets the minimum qualifications of the position and is proficient in some, but not all, of the position's requirements. Will require extensive training or orientation to satisfactorily perform the duties of the position.

Veterans' Preference:
Assessed applicants are placed in the appropriate numeric category and ranked according to preference eligibility and non-preference eligibility. All qualified preference eligibles are placed ahead of non-preference eligibles within their numeric category.
Read about Veterans' Preference here: https://www.opm.gov/policy-data-oversight/veterans-services/vet-guide-for-hr-professionals/#2

To preview the assessment questionnaire, please use the following link: https://apply.usastaffing.gov/ViewQuestionnaire/11335543.