ATTORNEY-ADVISER (GENERAL)

THIS IS A NATIONAL GUARD TITLE 5 EXCEPTED SERVICE POSITION. This National Guard position is for a ATTORNEY-ADVISER (GENERAL), Position Description Number T6398000 and is part of the MD JFHQ, National Guard. Major duties: The purpose of this position is to serve as the principal specialized legal adviser within the Office of the Staff Judge Advocate/General Counsel dedicated to the oversight and support of the Sexual Assault Response Workforce (SARW) program, the Integrated Primary Prevention Workforce (IPPW), and when not performing in the SARW/IPPW areas, to serve as an Attorney-Adviser (General). This position performs the following duties: Prevention Policy & Statutory Compliance: Acts as primary legal advisor to the State Integrated Primary Prevention Workforce (IPPW), the State Prevention Director, and prevention specialists established pursuant to DoD Instruction 6400.09 (DoD Policy on Integrated Primary Prevention of Workforce Harm). Advises on statutory authorities, directives, and NGB guidance governing primary prevention of self-harm, sexual violence, intimate partner violence, workplace harassment, and child abuse. Reviews legal boundaries regarding data collection, privacy, and research ethics associated with organizational climate assessments, Defense Organizational Climate Surveys (DEOCS), and Defense Prevention Needs Assessments (DPNA). Advises prevention specialists on proper safeguarding and limitations on the use of survey data, ensuring non-attribution, compliance with the Privacy Act of 1974, and protection from unauthorized disclosure in administrative or judicial proceedings. Program and Reporting Guidance: Serves as the primary legal counsel to the State SARW program. Provides authoritative interpretations of DoD, Army, Air Force, and NGB policies governing restricted and unrestricted reporting of sexual assault. Evaluates complex issues regarding exceptions to confidentiality, mandated reporting obligations, mandatory referral requirements, and victim privilege. Contract Solicitations & Reviews: Conducts legal sufficiency reviews of proposed commercial solicitations, statements of work, contracts, modifications, and Inter-Service Support Agreements (ISSAs), related to IPPW/SARW, prior to execution by the United States Property and Fiscal Officer (USPFO). Primary advisor on the formulation, negotiation, and execution of Memorandums of Agreement (MOAs) and Memorandums of Understanding (MOUs) supporting the Integrated Primary Prevention Workforce (IPPW). Mandated Investigations: Provides staff oversight and legal sufficiency reviews on federally mandated investigations involving unrestricted sexual assault reports, command-directed investigations (CDIs), AR 15-6 inquiries, and Commander inquiries. Coordinates directly with the NGB Office of Complex Investigations (OCI), Army Criminal Investigation Division (CID), Air Force Office of Special Investigations (OSI), and local law enforcement. Information Release & Subpoenas: Reviews and drafts agency determinations on subpoenas, court orders, and Touhy requests arising from civilian criminal prosecutions and civil domestic violence or sexual assault litigation involving Guard personnel. Identifies privileged communications, law enforcement records exemptions, and victim privacy protections under FOIA and the Privacy Act. Performs other duties as assigned. Qualifications: There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the Department of Defense considers veterans' preference eligibility a positive factor for attorney hiring. Applicants eligible for veterans' preference must include that information in their cover letter or resume and attach supporting documentation (for example, DD Form 214, "Certificate of Release or Discharge from Active Duty") to their submissions. Although the point-preference system is not used, applicants eligible to claim a 10-point preference must submit a Standard Form SF 15, "Application for 10-Point Veteran Preference," and supporting documentation required for the specific type of preference claimed. (SF 15, which lists the types of 10-point preference and the required supporting documents, is available from the Office of Personnel Management Website at www.opm.gov.) SPECIALIZED EXPERIENCE: Assignments require the first professional law degree (LL.B. or J.D.) and, for assignments within the Department of Defense, OGC, or DLSA, active membership in the bar of the highest court of a State, U.S. commonwealth, U.S. territory, or the District of Columbia. In addition, the attorney shall have professional legal experience in excess of 2 years that is commensurate with the duties and responsibilities of the position. Length of time is not of itself qualifying. Candidates' experience should be evaluated on the basis of duties performed rather than strictly on the rank of the individual; however, established compatibility criteria/assignments must be followed. The applicant's record of experience and/or training must show possession of the knowledge, skills and abilities needed to fully perform the duties of the position.