Summary THIS IS A NATIONAL GUARD TITLE 32 EXCEPTED SERVICE POSITION. This National Guard position is for a ATTORNEY-ADVISOR (GENERAL), Position Description Number PDD2250000 and is part of the MA ANG 104th FW, National Guard. This is a Non-Bargaining Unit position. The unit point of contact and contact phone for this position is: Maj Brian Morecraft, brian.morecraft.2@us.af.mil or DSN 698-1244. Responsibilities 1. Advises Commander and staff on interpretation of federal statutes and regulations, ensures that legal advice, consultation, and collaboration is furnished in a timely manner. Advises senior leadership of the alternatives and possible solutions which are legally permissible or desirable. Prepares, researches, and issues oral and written legal opinions and legal advice with regard to a wide variety of laws, regulations, instructions, directives and policies in the area of Administrative Law, including but not limited to: Freedom of Information Act, Privacy Act, reports of survey, line-of-duty determinations, constitutions and by-laws of private organizations, formal and informal investigations and commanders' inquiries, legal sufficiency reviews, collateral investigations, federal and state Uniform Code of Military Justice (UCMJ) complaints, Congressional Inquiries, Inspector General investigations, Equal Opportunity/Equal Employment Opportunity (EO/EEO) investigations, fiscal law, unfavorable personnel actions, standards of conduct, family advocacy, and public relations. Conducts classes and training for commanders, staff and other personnel on a variety of administrative and operational areas. Prepares legal opinions that involve complex legal and factual issues that often have far-reaching impact on the government. Assesses and evaluates, for legal compliance and sufficiency, local policies and practices, proposed wing command and staff actions and decisions, official conduct and authority, commercial transactions, draft documents and publications, investigations, responses to inquiries, public statements, plans, and initiatives. Researches, analyzes, and interprets federal, state, and local law, administrative decisions, case law, and legal opinions, as well as Department of Defense (DoD) instructions and regulations, Air Force instructions and guidance, National Guard, Air National Guard, and state specific instructions and guidance. Formulates and delivers legal advice and counsel through oral and written opinions. Represents the Wing command on legal committees, working groups, and inter-disciplinary teams, and at legal conferences and meetings. 30% 2. Provides advisery, guidance, consultation, and collaboration to Commander, staff, and supervisors. Coordinates with State Human Resources Office and the State Judge Advocate on all labor law training as well as impact on established programs, procedures, and methods of operation. Provides preventive law guidance to management personnel on the impact of regulatory changes. At the request of the State Judge Advocate: Prepares, researches and issues oral and written opinions, and may, upon designation by the State Adjutant General, participate in collective bargaining as a member of the management negotiating team and represent the organization in third-party administrative, quasi-judicial, and judicial proceedings. Makes recommendations for or against litigation based upon the weight of the evidence, importance of the case, necessity of uniform application of the law, the cost of litigation and other factors which weigh on the advisability of initiating suit. Conducts settlement negotiations on behalf of the deciding official with opposing counsel, drafts settlement agreements, coordinates with commanders and staff on the meaning and resourcing of settlements, and forwards to NGB/JA for final approval. Briefs commanders and staff officials who have authority to settle cases, negotiates settlements and stipulations with employees and attorneys, prepares and presents the organization in administrative hearings. As authorized by JFHQ/JAG and NGB/JA/LIT: Represents the organization as a trial attorney before the Merit Systems Protection Board (MSPB), Federal Labor Relations Authority (FLRA), and EEO Commission, federal arbitrators, the DoD Office of Complaints Investigation, NGB Title 32 Hearing Examiners, and other similar boards. Promptly confers and coordinates with the state JFHQ/JAG and NGB/JA/LIT when potentially precedent setting issues are being raised, discussed, defended, mediated, negotiated, adjudicated or settled, and in all actions involving Title 5 civilians. Establishes case strategy and tactics in coordination with the state JFHQ/JAG and NGB/JA/LIT. Participates in pre-hearing conferences, examines and cross-examines witnesses, argues motions, prepares and presents opening statements and closing arguments. Evaluates adverse decisions for possibility of appeal in coordination with the state JFHQ/JAG and NGB/JA/LIT. Considers the importance of the case, the potential precedent cost of further litigation, likelihood of success on appeal, and other considerations that bear on the advisability of appeal. 15% Requirements Conditions of Employment Qualifications Military Grades: Officer Grades: 2Lt to Lt Col Compatible Military Assignments: AFSC: 51JX *All applications will be considered regardless of Branch AFSC* AREA OF CONSIDERATION: Open to current members of the Massachusetts Air National Guard and those eligible to transfer to the Massachusetts Air National Guard. National Guard Membership IS required for this announcement. NATIONAL GUARD MEMBERSHIP IS REQUIRED: This is an excepted service position that requires membership in a compatible military assignment in the National Guard. 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. Applicants who are not currently a member of the National Guard must be eligible for immediate membership and employment in the National Guard in the military grade listed in this announcement. If you are not sure you are eligible for military membership, please contact a Massachusetts Air National Guard recruiter prior to applying for this position. SPECIALIZED EXPERIENCE: Must have at least experience with positions involved in rendering legal advice and services with respect to questions, regulations, practices, or other matters falling within the purview of a Federal Government agency (this may include conducting investigation to obtain evidentiary data and recommending an agency course of action); preparing interpretative and administrative orders, rules, or regulations to give effect to the provisions of governing statutes or other requirements of law; drafting, negotiating, or examining contracts or other legal documents required by the agency's activities; drafting, preparing formal comments, or otherwise making substantive recommendations with respect to proposed legislation; editing and preparing for publication statutes enacted by Congress and opinions or decisions of a court, commission, or board; drafting and reviewing decisions for consideration and adoption by agency officials. PART-TIME OR UNPAID EXPERIENCE: Credit will be given for appropriate unpaid and or part-time work. You must clearly identify the duties and responsibilities in each position held and the total number of months/years. VOLUNTEER WORK EXPERIENCE: Refers to paid and unpaid experience, including volunteer work done through National Service Programs (i.e., Peace Corps, AmeriCorps) and other organizations (e.g., professional; philanthropic; religious; spiritual; community; student and social). Volunteer work helps build critical competencies, knowledge and skills that can provide valuable training and experience that translates directly to paid employment. You will receive credit for all qualifying experience, including volunteer experience. Education Additional Information If you are a male applicant who was born after 12/31/1959 and are required to register under the Military Selective Service Act, the Defense Authorization Act of 1986 requires that you be registered or you are not eligible for appointment in this agency (https://www.sss.gov/RegVer/wfRegistration.aspx). MILITARY INCENTIVES - BONUSES AND STUDENT LOAN REPAYMENT PROGRAM: If you are selected for this position, you may lose your eligibility for your National Guard Enlistment/Reenlistment Bonus and Student Loan Repayment Program incentives. In order to avoid losing your incentive eligibility, you should check with your incentives manager prior to accepting an offer for the position. For M-Day/Traditional personnel who are currently receiving incentives to include Bonuses and the Student Loan Repayment Program incentive, the following termination rule applies: Incentive Termination without Recoupment: If you accept an Active Guard Reserve (AGR) position or a Military Technician (Mil Tech) Permanent or Indefinite position after 25 February 2010 where membership in the National Guard is a condition of employment, your bonus will be terminated with no recoupment. Fair Chance to Compete for Jobs Act of 2019 An employee of an agency may not request, in oral or written form, that an applicant for an appointment to a position in the civil service disclose criminal history record information regarding the applicant before the appointing authority extends a conditional offer to the applicant. An applicant may submit a complaint, or any other information, to an agency within 30 calendar days of the date of the alleged non-compliance by an employee of an agency. 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