USA Staffing

Assessment 1

Respond to all statements and questions. These statements and questions allow applicants to highlight their Knowledge, Skills and Abilities (KSAs) which are applicable to the position for which you are applying. If it is necessary to limit the number of applicants for a position, these KSAs will be used to determine the "Best Qualified". For each KSA please identify below in the space provided how you have either demonstrated the KSA or have shown the potential to acquire them. Give specific examples describing related project, details, work assignments, outside activities, and the time frames involved in each. If you do not answer these statements and questions an accurate evaluation of your qualifications may not be possible. This may result in your application not being certified.

1. Required
[SHARP/SEEM] Ability and skill to act as a legal adviser and attorney for the state/territory National Guard, responsible for the formulation of state/territory legal policy and its execution legal representation; legal initiatives; interpretation and litigation of U.S. and state/territory(s) constitutional, civil, criminal, labor law; international law and treaty agreements; and a full spectrum of expert legal advice. Acts as a legal adviser and attorney for the state/territory National Guard, responsible for assisting in the formulation of state/territory legal policy pertaining to prevention of sexual assault, sexual harassment, and domestic abuse, while serving as the special legal advisor to the Adjutant General, the Office of Staff Judge Advocate (OSJA), Commands SHARP and SEEM programs. Primary coordinator and advisor in the OSJA pertaining to military justice/adverse actions that are initiated against alleged offenders. Serves as the primary point of contact for outside entities and stakeholders, including Special Victims' Counsel, Defense Services, the SARC and the SEEM Manager preventing future harm to victims by ensuring the proper procedures are implemented and followed and that justice and adverse actions are administered properly. Assignments include some of the most diverse, complex, difficult, and novel legal issues found in the emerging area of victims' right law and is responsible for the formulation of state/territory legal policy and its execution in the area of sexual assault accountability, prevention, and response; sexual harassment; domestic abuse and lines of duty and medical discharges for Army and Air personnel.

2. [Policy] Serves as legal counsel to Adjutant General and Commanders on legislation, regulation, or guidance as to creating protective environments and promoting healthy social norms specific to military communities, which can include advising on any collaborations with local, state, and federal partners such as county health departments, State health departments, schools, the CDC, Department of Education, other government agencies, academia, and/or other industry that can ensure that the military can evaluate and assess the impact of their community-level prevention strategies both in the short and long-term. Responsible for advising on any policy or guidance regarding the removal of restrictive policies on sensitive data collection in order to advance primary prevention of sexual harassment and sexual assault in the military. Conducts outreach on behalf of the organization to legal entities and organizations, including State Bar, and statewide civilian organizations who support victims, and conducts training to the organization and leaders regarding legalities/requirements in addressing prevention and response of special crimes, domestic violence, and sexual assault. Serves as legal counsel and advises on any legislation, policy, or guidance providing for an authorization and funding for NGB to conduct recurring National Guard unit inspections and staff assistance visits for prevention and oversight of sex crimes, harassment, and domestic violence/abuse. Advises Adjutant General and Commanders on any legislation, laws, policy, or guidance related to victims' rights or survivor facilitation and healing, including but not limited to Crime Victims' Rights Act (CVRA), Article b6 of UCMJ, and the "No Wrong Door" approach.

3. [Litigation] Ability to serve as the state/territory National Guard litigation point of contact. Represents the state/territory National Guard in all legal matters in state/territory of original or appellate jurisdictions, to include matters pertaining to sexual crimes, sexual harassment, and domestic violence/abuse. Acts as agency counsel for the state/territory National Guard with the National Guard Bureau Office of Litigation and Employment Law Division, Department of Army and Department of Air Force Litigation Divisions, and the Department of Justice, for Federal courts of original or appellate jurisdictions. The incumbent seeks to prevent avoidable litigation but may serve as Special Assistant to the U.S. Attorney or Assistant Attorney General at trial as cases dictate. Except for sexual assault and sexual harassment investigations (as prohibited by relevant law), the incumbent conducts investigations of fact and legal sufficiency; advising on administrative remedies; develops the trial strategy, content and means of presentation, and trial delivery; makes motions; and conducts post-trial duties. Prepares litigation reports, briefs, pleadings, and other papers associated with litigation involving the state/territory National Guard interests. The incumbent advises on discovery obligations for senior leaders and members of the state/territory National Guard.

4. [Ethics] Ability to serve as the state/territory Ethics Adviser. Reviews sensitive financial disclosure statements for General Officers and other key personnel. Provides or participates in various training activities, prepares reports, and provides counsel on complex ethics issues and policies; and ensures Federal and state/territory annual administrative reporting requirements are met. Serves as claims officer for the state/territory National Guard. Reviews Claim Investigating Officer reports, adjudication recommendations, regardless of filing location, and approves forwarding of actions to the appropriate claim's office. Reviews for legal sufficiency and approves or dispatches recommended action to approving authorities a variety of documents or investigative determinations such as freedom of information requests, financial liability investigations, line of duty determinations, and similar administrative proceedings. Provides oversight and guidance to the state/territory Judge Advocate's Legal Office, Legal Assistance and Preventative Law Programs, and supervises assigned full-time attorney and support staff. Also coordinates the provision of legal services throughout the state and oversees the assignments of attorney and paralegal personnel within the subordinate units in both the Army and Air National Guard to accomplish all legal support requirements.

5. [Labor Relations] Knowledge and ability to act as the Adjutant General's representative in third-party proceedings under Federal labor-management and equal employment opportunity statutes and regulatory provisions. Represents the state/territory National Guard as a trial attorney on all sexual assault, sexual harassment and domestic violence cases, administrative judges and arbitrators from various appellate bodies including, but limited to, the Equal Employment Opportunity Commission, the Federal Labor Relations Authority, the NG Office of Complex Investigations, the Federal Services Impasses Panel and Federal and State Courts. Possesses a thorough understanding of controlling labor laws, regulations, labor arbitration, collective bargaining agreements and pertinent labor relations practices. Reviews collective bargaining agreements for legal sufficiency. Prepares litigation reports, unfair labor practice charges, petitions for injunctive relief, and supporting legal documents, as necessary. Keeps abreast of the labor relations trends and issues within both the Federal and state/territory sectors. Advises the convening authorities, including the state/territory Adjutant General, on procedural and legal issues associated with Courts Martial, Non-Judicial Punishment Administrative Board proceedings and subsequent actions. Serves as legal counsel for victims of domestic violence on behalf of the Adjutant General and SJA.

Select “Yes” or “No” to the following question(s).

6. SPECIALIZED EXPERIENCE: The first professional law degree (LL.B. or J.D.), active membership in the bar of the highest court of a State, U.S. commonwealth, U.S. territory, or the District of Columbia and at least 2 years professional legal experience.

Do you meet the above qualification standard?

A. Yes

B. No

7. Do you certify that all of your responses to this questionnaire are true and accurate; and do you accept that if your supporting documentation does not support one or more of your responses to the questionnaire that your application may be rated lower or you may be removed from further consideration?

A. Yes

B. No

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