Associate General Counsel (Litigation).

Duties

The incumbent is expected to serve as a senior legal professional with primary responsibility in the area of litigation, with a special emphasis on significant litigation and complex employment litigation, in which the Smithsonian is a party and advice on employment law and personnel matters and policy.

The incumbent serves as experienced counsel in litigation involving issues of law, policy, or precedent that are of significance to the Smithsonian’s status, authorities, programs or operations, and in employment litigation with complex legal or factual issues or with important Institutional interests at stake; serves as an expert and resource in litigation matters, offering advice and counsel to attorneys and paralegals on ongoing litigation matters, including mentorship to recently hired or junior attorneys as appropriate. In cooperation with the U.S. Department of Justice, the incumbent serves as attorney in defending the United States and the Smithsonian Institution in Federal courts; represents the Smithsonian in administrative proceedings including before the Equal Employment Opportunity Commission and the Merit Systems Protection Board, and coordinates with the Office of Special Counsel.

Serves as an expert in the field of employment and personnel law. Keeps abreast of laws, rules, and regulations affecting Federal and Trust employment. Provides advice to all Smithsonian units, in particular to the Office of Human Resources, Office of Protection Services, and Smithsonian Facilities, on legal issues involving employment and personnel (i.e., adverse actions, workers compensation, labor relations, Rehabilitation Act advice, compensation, union grievances, etc.). Coordinates with the Office of Equal Employment and Supplier Diversity, Office of Inspector General, and Office of Human Resources, Labor and Employee Relations, concerning investigations, policies, and other matters.

Participates with the Deputy General Counsel for Litigation and other Deputy General Counsels and Associate General Counsels in developing solutions to complex legal and / or administrative problems. This often requires creativity and an innovative approach to unprecedented problems. The incumbent normally provides advice directly to senior management officials on issues within the incumbent's primary areas of responsibility subject to the settlement and other authority of the Chief Legal Officer or designee.

Works with and advises the Deputy General Counsel for Litigation and the Chief Legal Officer in resolving difficult and complex issues, formulating legal policy, guidelines, and interpretations for the Office of General Counsel staff, and for official opinions to the Secretary, the Board of Regents, the Congress, the Justice Department, and the Comptroller General of the United States.

As the legal advisor assigned to special projects, the incumbent normally assumes full responsibility for coordinating and monitoring the work of others at all levels within the Institution. Examples include coordinating responses to requests for information, subpoenas, and litigation discovery requests, identifying witnesses and coordinating testimony in pending litigation, and coordinating the issuance of special Smithsonian announcements and policies.

Personal contacts facilitate the incumbent's conferring and / or negotiating on important legal and policy questions with top administrative personnel in federal, state, local, and foreign governments, and in private business. As required, deals directly with counsel from other agencies on behalf of the Institution, particularly the General Accounting Office, the Office of Personnel Management, the Office of Management and Budget, and the Department of Justice.

Performs other duties as assigned.

Requirements

Conditions of Employment

• Pass Pre-Employment Background Investigation
• May need to complete a Probationary Period
• Maintain a Bank Account for Direct Deposit / Electronic Transfer
• Males born after 12 / 31 / 59 must be registered with Selective Service

Meets the basic qualifications and specialized experience as listed below.

Qualifications

There is no OPM qualification standard established for positions in the General Attorney 0905 series, and agencies may establish their own standards for these Excepted Service positions. The Office of Human Resources, Office of General Counsel, Office of the Inspector General, and Office of Contracting and Personal Property Management established the following qualifications criteria for Smithsonian attorney positions :

One year of specialized experience at the GS-15 grade level or equivalent. The experience includes working as a licensed attorney with relevant responsibilities in litigation, with a special emphasis on litigation involving issues of law, policy, or precedent that are of significance to the Smithsonian’s status, authorities, programs or operations; and employment litigation with complex legal or factual issues or with important Institutional interests at stake.

Applicants must clearly demonstrate the necessary experience advising senior management and must have the ability to apply legal concepts to meet business objectives and develop practical solutions.

Applicants must also demonstrate the necessary skill in interpreting and applying applicable employment and personnel laws, regulations and policies; interpreting current developments in employment law; and advising on related policy initiatives, providing expert advice and conferring with counsel from other agencies.

Applicants must also demonstrate skill in defending the Smithsonian in court and administrative proceedings, identifying and preparing witnesses, coordinating testimony, preparing pleadings, responding to subpoenas, conducting discovery, and negotiating settlements that are in the best interests of the Smithsonian.

Additional information

SUPERVISORY CONTROLS

The incumbent serves under the direction of the Deputy General Counsel for Litigation and the Chief Legal Officer and carries out the functions of the Office of General Counsel with special emphasis on significant litigation and complex employment litigation.

Assignments are typically performed without preliminary instructions or discussions about the problems that may be encountered. Typically, there is little or no review of work in progress, including advice to senior officials. Performance is reviewed in terms of overall effectiveness.

SECURITY LEVEL

This position has been reviewed to determine the level of POSITION SENSITIVITY. Based on the nature of the work, the position has been determined to be Public Trust / HIGH RISK. This designation will require (1) a pre-employment Security Agency Check (SAC) for the prospective incumbent; and (2) a subsequent comprehensive background investigation and favorable adjudication in order to continue in the position.

The Smithsonian Institution does not discriminate against any employee or any applicant for employment on the basis of race, color, religion, sex, national origin, political affiliation, sexual orientation, marital status, disability, age, membership in an employee organization or other non-merit factors.

REASONABLE ACCOMMODATION

The Smithsonian provides reasonable accommodation to applicants with disabilities. If you need an accommodation for any part of the application and hiring process, please notify the contact person listed in this announcement. The decision on granting a reasonable accommodation will be made on a case-by-case basis.

RELOCATION

Relocation expenses will not be paid.

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.

The Smithsonian offers a comprehensive benefits program for both Federal and Trust employees. See

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.

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