The incumbent serves as Special Counselor in the Office of the Secretary, working on cases or legal issues of a highly complex nature and providing independent legal advice to, and drafting final agency administrative appellate decisions for, the Secretary of Education. The incumbent also serves as the Department's Designated Agency Ethics Official (DAEO), conducting program management and overseeing legal interpretation and policy development for the agency ethics program.
Summary
The incumbent serves as Special Counselor in the Office of the Secretary, working on cases or legal issues of a highly complex nature and providing independent legal advice to, and drafting final agency administrative appellate decisions for, the Secretary of Education. The incumbent also serves as the Department's Designated Agency Ethics Official (DAEO), conducting program management and overseeing legal interpretation and policy development for the agency ethics program.
The Office of the Secretary’s Special Counselor provides independent legal advice and factual analysis to the Secretary regarding administrative appeals of adjudicatory proceedings conducted by the Department’s Office of Hearings and Appeals and by other officials throughout the Department. The proceedings arise from throughout the United States and include, but are not limited to, various actions and findings related to Title IV student financial aid programs, recognition of accrediting agencies, state compliance with the Individuals with Disabilities Education Act, state Impact Aid funding, and institutional compliance with the Clery Act.
The Secretary acts as an independent tribunal in these administrative appeals under various statutory authorities, including the Higher Education Act of 1965, as amended; 20 U.S.C. § 1080 et seq.; and 42 U.S.C. § 2751 et seq. The incumbent evaluates legal arguments, adherence of government actions to statutory requirements, and the legal soundness of decisions rendered by the Department’s Administrative Law Judges and other hearing officers, heads of program offices, and other subordinate staff of the Department. The incumbent also provides confidential briefings and legal analysis, establishes prioritization of matters, protects against ethical conflicts, and is empowered to perform all other necessary duties to ensure the proper and efficient working of the Secretary’s appeal process. Furthermore, the incumbent drafts the final agency decisions for the Secretary’s review and issuance.
In addition, the incumbent must possess a wide degree of knowledge and experience with regard to the conduct of administrative appeals, including various proceedings under Titles 5, 20, and 29 of the United States Code.
Among other things, responsibilities in appeals include:
Protecting against conflicts for senior officials in the decision-making chain, including the Secretary, to the maximum extent possible before appealable matters come before the Secretary;
Advising public-facing staff in providing appropriate responses to private parties, government agencies, counsel, and members of the public in matters under appeal or which are anticipated to be appealed; and
Managing the appeals process and the Secretary’s docket of pending appeals, including providing confidential briefings for senior staff, collaborating with senior staff, drafting final decisions, and ensuring timely and proper processing of appeals.
The employee is walled off from the Office of the General Counsel (OGC) on the Secretary’s appeals work; however, as DAEO, in consultation with OGC, the incumbent:
Provides formal and informal legal advice on all ethics issues, including the laws and regulations applicable to employee conduct;
Provides legal and policy guidance on identifying and evaluating conflicts of interest and maintaining a high level of objectivity among Department contractors, peer reviewers, and grantees;
Provides legal advice and policy guidance to the Secretary on the Secretary's responsibilities under applicable laws and regulations;
Plans and manages the Department's ethics program in accordance with applicable laws and regulations, including management of: (1) the Department's financial disclosure reporting system for both public and confidential financial disclosure report filers; (2) an employee education and training program; and (3) an employee counseling and advice program;
Provides leadership and direction to ethics support staff, ensuring that the services provided are of high quality and provided in a timely manner;
Advises senior leaders on systemic weaknesses in Department procedures that create vulnerabilities for ethics-related problems and implements steps to correct identified weaknesses;
Provides legal advice and policy guidance to the Office of the Secretary on all legal and ethical issues related to the Secretary’s travel and acceptance of speaking engagements and invitations to events;
Performs periodic audits of the Secretary's travel records to ensure there are no ethics problems;
Provides legal advice and policy guidance to Department officials and employees on difficult and sensitive issues in connection with ethics laws and the conduct of employees;
Drafts guidelines and options memoranda for the Secretary on possible choices in carrying out Government-wide ethics authorities;
Represents the Department in government conferences and meetings on ethics, including meetings chaired by the Office of Government Ethics, the Office of Counsel to the President, and the Justice Department's Office of Legal Counsel; and
Reviews and certifies financial disclosure reports of Presidential nominees that must accompany nominations to the Senate and consults with the Office of Counsel to the President and Office of Government Ethics on these reports.
One year probationary period, unless excepted by regulation.
U.S. Citizenship
Financial disclosure statement, OGE-278.
Must be able to obtain and maintain a Public Trust security clearance.
Relocation expenses will NOT be paid.
Registration with the Selective Service (if applicable). Males born after 12-31-1959 must be registered or exempt from Selective Service.
All initial appointments to an SES position are contingent on approval from OPM's Qualification Review Board.
Must be an active member of the Bar in good standing.
Qualifications
To meet the minimum qualification requirements for this position, you must show that you possess the Executive Core Qualifications and Technical Qualifications related to this position within your resume. Resume should NOT EXCEED 2 PAGES, with the font size no smaller than 10 points. Resumes over the 2-page limit, will not be reviewed beyond page 2. Your resume should include examples of experience, education, and accomplishments applicable to the qualifications.
There is NO requirement to prepare a narrative statement specifically addressing the Executive Core Qualifications or the Technical Qualifications.
EXECUTIVE CORE QUALIFICATIONS (ECQs): In addition to the Technical Qualification Requirements, all new entrants into the Senior Executive Service (SES) under a career appointment will be assessed for executive competency against the following five mandatory ECQs. If your 2-page resume does not reflect demonstrated evidence of the ECQs and TQs, you may not receive further consideration for the position.
There are five ECQs:
ECQ 1:Commitment to the Rule of Law and the Principles of the American Founding- This core qualification requires a demonstrated knowledge of the American system of government, commitment to uphold the Constitution and the rule of law, and commitment to serve the American people.
ECQ 2: Driving Efficiency- This core qualification involves the demonstrated ability to strategically and efficiently manage resources, budget effectively, cut wasteful spending, and pursue efficiency through process and technological upgrades.
ECQ 3: Merit and Competence- This core qualification involves the demonstrated knowledge, ability and technical competence to effectively and reliably produce work that is of exceptional quality.
ECQ 4: Leading People- This core qualification involves the demonstrated ability to lead and inspire a group toward meeting the organization's vision, mission, and goals, and to drive a high-performance, high-accountability culture. This includes, when necessary, the ability to lead people through change and to hold individuals accountable.
ECQ 5:Achieving Results- This core qualification involves the demonstrated ability to achieve both individual and organizational results, and to align results to stated goals from superiors.
Note: If you are a member of the SES or have been certified through successful participation in an OPM approved SES Candidate Development Program (SESCDP), or have SES reinstatement eligibility, you must attach proof (e.g., SF-50, Certification by OPM's SES Qualifications Review Board (QRB)) of your eligibility for noncompetitive appointment to the SES.
TECHNICAL QUALIFICATIONS (TQs)
There are two TQs:
TQ 1: Demonstrated knowledge, skills, and experience in the areas of Federal ethics laws and regulations, including the Hatch Act, criminal statutes, and Office of Government Ethics Standards of Conduct, with experience in: 1) the development and administration of federal ethics programs, including policies related to financial disclosure; 2) preventing and addressing conflicts of interest; and 3) applying the law to complex factual circumstances related to federal sector ethics.
TQ 2: Demonstrated knowledge, skills, and experience in managing a docket and providing independent legal advice, factual analysis, briefings, and draft decisions for high-level stakeholders on legal cases or proceedings that arise under various education-related statutes such as findings related to Title IV student financial aid programs, recognition of accrediting agencies, state compliance with the Individuals with Disabilities Education Act, state Impact Aid funding, and institutional compliance with the Clery Act.
Education
You must possess a J.D. or LL.M. from a law school accredited by the American Bar Association and be a member in good standing of a bar in a state/territory of the United States, District of Columbia, or Commonwealth of a territory of the United States.
PROOF MUST BE SUBMITTED WITH THE APPLICATION.
Additional information
VETERANS' PREFERENCE - Veterans' Preference does not apply to the SES.
SELECTIVE SERVICE- If you are a male applicant born after December 31, 1959, you must certify at the time of appointment that you have registered with the Selective Service, or are exempt from having to do so under Selective Service law.
REASONABLE ACCOMMODATION - This agency provides reasonable accommodations to applicants with disabilities. If you need a reasonable accommodation for any part of the application and hiring process, please notify the hiring agency directly. The decision on granting reasonable accommodation will be on a case-by-case basis.
OPM must authorize any employment offers made to current or former (within the last 5 years) political Schedule A, Schedule C, or Non-career SES employees in the executive branch. If you are currently, or have been within the last 5 years, a political Schedule A, Schedule C, or Noncareer SES employee in the executive branch, you must disclose that to the Human Resources Office.
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.
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.
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 application process is complete, a review of your resume and supporting documentation will be conducted. If you meet minimum qualifications, your Application Package will be further reviewed by a panel to determine if you possess the Executive Core Qualifications and Technical Qualifications. ECQs and TQs must be thoroughly addressed within your two (2) page resume. Separate narratives will not be accepted or reviewed. Highly Qualified applicants may undergo one or more interviews and may be referred to the selecting official for further consideration.
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.
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.
Some jobs require additional professional certifications. See the job announcement for details.
Your resume should include relevant work experience, applicable education and your contact information. For current or previous federal employees, include the pay plan, series and grade.
Your SF-50 shows a federal position you've held, grade level and duty location. Your SF-50 can support position changes, conversions or separation for employment eligibility.
A complete application consists of all items listed below. Required materials must be submitted by the conclusion of the staffing process. Applications that are incomplete at that time may not be considered.
Please carefully review the following list to determine what documentation you need to submit. Some documents may not apply to all applicants.
1. RESUME: All applicants are required to submit a resume limited to two (2) pages (i.e., 1 page that is double-sided or 2 pages that are one-sided each), minimum size 10 font, showing all relevant experience. Applicants seeking initial career appointment to the Senior Executive Service (SES) must include evidence of the ECQs and TQs.
2. VACANCY QUESTION/ASSESSMENT QUESTIONNAIRE RESPONSES: Responses are automatically submitted through USA Jobs when you apply to this vacancy.
3.SF-50: Current or former federal employees must provide an SF-50 for proof of eligibility.
4. ADDITIONAL REQUIRED DOCUMENTS: Applicants are required to submit the following supporting documentation if applicable:
CURRENT OR FORMER SES MEMBERS: Must provide your SES appointment SF-50 (Notification of Personnel Action), and an SF-50 showing current career SES status or career SES reinstatement eligibility.
SES CANDIDATE DEVELOPMENT PROGRAM (SESCDP) GRADUATES: Verification of successful completion of an OPM-approved SESCDP and OPM SES QRB certification.
5. EDUCATION DOCUMENTATION: For positions with an education requirement, submit a copy of your transcripts or equivalent. An official transcript will be required if you are selected and not already on file. See "Education" for more details.
6. PROOF OF GOOD STANDING AND ACTIVE BAR MEMBERSHIP, or the ability to become an active member prior to start date, of a bar of any state, the District of Columbia, Guam, Puerto Rico, or a U.S. territory.
*PERFORMANCE APPRAISAL - Most recent performance appraisal is strongly recommended.
To apply for this position, you must complete this application and submit any required documents specified in the Required Documents section and submit by 11:59 PM (EST) on the closing date of the announcement to receive consideration.
EDUCATION-OFFICE OF THE SECRETARY
Office of Human Resources
400 Maryland Avenue, SW
Washington, District of Columbia 20202
United States
Next steps
After all application packages have been received, we will review your application to ensure you meet the basic qualification requirements. We will evaluate each applicant who meets the basic qualifications based on the information provided and may interview the highly qualified applicants. After making a tentative job offer, we will conduct a suitability and/or security background investigation.
Upon selection, if not already a member of the SES serving under a career appointment, the individual selected must have his/her executive qualifications certified by the U.S. Office of Personnel Management's SES Qualifications Review Board before appointment to this position.
You should expect to hear back on the outcome of your application within 80 days of the closing date of the announcement.
The Federal hiring process is set up to be fair and transparent. Please read the following guidance.
Some jobs require additional professional certifications. See the job announcement for details.
Your resume should include relevant work experience, applicable education and your contact information. For current or previous federal employees, include the pay plan, series and grade.
Your SF-50 shows a federal position you've held, grade level and duty location. Your SF-50 can support position changes, conversions or separation for employment eligibility.
A complete application consists of all items listed below. Required materials must be submitted by the conclusion of the staffing process. Applications that are incomplete at that time may not be considered.
Please carefully review the following list to determine what documentation you need to submit. Some documents may not apply to all applicants.
1. RESUME: All applicants are required to submit a resume limited to two (2) pages (i.e., 1 page that is double-sided or 2 pages that are one-sided each), minimum size 10 font, showing all relevant experience. Applicants seeking initial career appointment to the Senior Executive Service (SES) must include evidence of the ECQs and TQs.
2. VACANCY QUESTION/ASSESSMENT QUESTIONNAIRE RESPONSES: Responses are automatically submitted through USA Jobs when you apply to this vacancy.
3.SF-50: Current or former federal employees must provide an SF-50 for proof of eligibility.
4. ADDITIONAL REQUIRED DOCUMENTS: Applicants are required to submit the following supporting documentation if applicable:
CURRENT OR FORMER SES MEMBERS: Must provide your SES appointment SF-50 (Notification of Personnel Action), and an SF-50 showing current career SES status or career SES reinstatement eligibility.
SES CANDIDATE DEVELOPMENT PROGRAM (SESCDP) GRADUATES: Verification of successful completion of an OPM-approved SESCDP and OPM SES QRB certification.
5. EDUCATION DOCUMENTATION: For positions with an education requirement, submit a copy of your transcripts or equivalent. An official transcript will be required if you are selected and not already on file. See "Education" for more details.
6. PROOF OF GOOD STANDING AND ACTIVE BAR MEMBERSHIP, or the ability to become an active member prior to start date, of a bar of any state, the District of Columbia, Guam, Puerto Rico, or a U.S. territory.
*PERFORMANCE APPRAISAL - Most recent performance appraisal is strongly recommended.
To apply for this position, you must complete this application and submit any required documents specified in the Required Documents section and submit by 11:59 PM (EST) on the closing date of the announcement to receive consideration.
EDUCATION-OFFICE OF THE SECRETARY
Office of Human Resources
400 Maryland Avenue, SW
Washington, District of Columbia 20202
United States
Next steps
After all application packages have been received, we will review your application to ensure you meet the basic qualification requirements. We will evaluate each applicant who meets the basic qualifications based on the information provided and may interview the highly qualified applicants. After making a tentative job offer, we will conduct a suitability and/or security background investigation.
Upon selection, if not already a member of the SES serving under a career appointment, the individual selected must have his/her executive qualifications certified by the U.S. Office of Personnel Management's SES Qualifications Review Board before appointment to this position.
You should expect to hear back on the outcome of your application within 80 days of the closing date of the announcement.
Fair and transparent
The Federal hiring process is set up to be fair and transparent. Please read the following guidance.
