Attorney Advisor (FOIA Officer)

The Office of the State Superintendent of Education (OSSE) is the State Education Agency for the District of Columbia charged with raising the quality of education for all DC residents. OSSE serves as the District’s liaison to the U.S. Department of Education and works closely with the District’s 470 early childhood facilities, 250 schools, 60 local education agencies (including DCPS and charter organizations), and community-based organizations to provide critical programming and resources to our stakeholders. OSSE is focused on sustaining, accelerating, and deepening the progress being made for the District’s 90,000 students.

This position is located in OSSE’s Office of the General Counsel (OGC). The OGC is the legal office within the agency, providing legal advice and guidance to the State Superintendent, the leadership team, and programmatic staff across all divisions. Legal practice areas include, but are not limited to labor and employment, special education, civil rights compliance, regulatory enforcement, and administrative law. We are seeking an attorney to serve as the Freedom of Information Act (FOIA) officer. The Attorney Advisor will report to OSSE’s General Counsel.

Duties and Responsibilities

The incumbent of this position serves as the Freedom of Information Act (FOIA) officer, responds to FOIA requests, provides legal advice, conducts extensive and detailed legal document research dealing with proposed laws and amendments to existing laws; superseded laws and regulations; and the legislative history of Federal and District laws and regulations. Drafts testimony for the Senior Attorney or the Chief Legal Counsel or designee, and other Managers within a specific division/section of a legal office, for presentation at hearings before the Council of the District of Columbia and/or Congressional committees, as well as for presentation in public forums. Reviews, researches and prepares Office responses by management to selected and sensitive and often confidential inquires and correspondence from the Mayor, members of the Council of the District of Columbia, officials of the District and Federal government and surrounding jurisdictions, members of the private sector, both individual and organized, and the general public. Assists with conducting a continuing review and evaluation of existing District of Columbia and Federal statutes and regulations to determine the need for new regulations or amendments, new administrative and enforcement procedures, and to provide clarification, in instances of ambiguities or conflict with other laws and regulations.

Recommends and drafts new enabling legislation and amendments to existing legislation for review and approval, as appropriate. Represents the agency in complex administrative hearings, and prepares evidence, briefs, motions and other documents to support cases as necessary. Assists the Office and/or the Office of the Attorney General with litigation. Incumbent may have to confer with and incorporate concerns of District Government officials, members of administrative bodies, and officials outside of the District Government with actions taken during enforcement cases. Keeps abreast of judicial, agency, and other changes in laws and regulations related to the function of programs and the recommendation of appropriate courses of action to the Office and/or to OAG. Assists with the training of inspectors in laws, rules, regulations, adjudicative process, and gathering information and documentation for supporting evidence pursuant to enforcement or corrective actions. Assists in reviewing and revising directives and correspondence, including standard operating procedures, inspection reports, reporting requirements, and other legal documents related to enforcement actions. Answers questions regarding compliance with grant requirements, auditing, reporting, as well as questions relating to fraud and to grant deficiency practices. Gives advice regarding compliance with applicable personnel regulations and agreements, including advice related to personnel actions.

Qualifications and Education

Applicants must possess a LLB or Juris Doctor (J.D.) degree from a law school accredited by the American Bar Association at the time of appointment.

Applicants must have at least one (1) year of post J.D. professional legal experience. Applicants must possess at least one (1) year of specialized experience equivalent to the next lower grade level LA-11 in the normal line of progression. Specialized experience is experience that has equipped the applicant with the knowledge, skills, and abilities to perform successfully the duties of the position, and that is typically in or related to the position to be filled.

Licensures and Certifications

Applicants must be an active member in good standing of the District of Columbia Bar or must be admitted in another United States jurisdiction, be eligible to waive in, and be admitted within 365 days of appointment. If eligible to waiver, incumbent must submit an application for admission to the District of Columbia Bar prior to commencing employment. An appointee to the Legal Service position shall remain a member in good standing of the District of Columbia Bar during his/her employment in the Legal Service.

Working Conditions /Environment

The work is primarily performed in a normal office setting. Occasionally, the incumbent may be required to visit various locations within the District of Columbia.

Other Significant Facts

Tour of Duty: Monday – Friday; Varies

Pay Plan, Series and Grade: LA-905-12

Type of Appointment: Legal Service – Regular Appointment

Collective Bargaining Unit: This position is covered under collective bargaining agreement American Federation of Government Employees (AFGE Local 1403) Collective Bargaining Unit.

Promotional Potential: No known promotion potential

Emergency Designation: This position has been designated as “emergency”; incumbent must adhere to the policies in sections 1271 and 1274 of DPM Chapter 12, regarding Emergency/Essential employees. As an emergency employee, you will be required to either report to work, stay at work, or telework (if directed to do so) during a declared emergency or during a period of non-emergency where your duties have been deemed as critical District government functions/operations. You may be required to perform other duties outside of your position description during a period of a declared emergency (such as manual labor, shelter services, etc.).

Position Designation: This position has been designated as security-sensitive therefore the incumbent of this position will be subject to enhanced suitability screening pursuant to Chapter 4 of DC Personnel Regulations, Suitability and as such, incumbents of this position shall be subject to criminal background checks, background investigations, and mandatory drug and alcohol testing, as applicable.

Residency Preference: Applicants claiming “Residency Preference” will be required to maintain residency in the District of Columbia for a minimum of seven (7) years. Failure to do so may result in forfeiture of employment.

EEO Statement: The District of Columbia Government is an Equal Opportunity Employer. All qualified candidates will receive consideration without regard to race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, matriculation, physical handicap, or political affiliation.