Deputy Associate General Counsel for Claims and Employment Law

Employer
USAJobs
Location
Washington, D.C
Posted
Oct 30, 2020
Closes
Nov 06, 2020
Function
Administrative
Hours
Full Time
Duties

Summary

The Office of the General Counsel (OGC) is the legal team for the Department of Health and Human Services (HHS), providing quality representation and legal advice on a wide range of highly visible national issues. OGC supports the development and implementation of the Department's programs by providing the highest quality legal services to the Secretary of HHS and the organization's various agencies and divisions.

Learn more about this agency

Responsibilities

The position is located in the General Law Division-Claims and Employment Law Branch.

Provides and oversees provision of complex and highly significant legal counsel and litigation support services to the Office of the Secretary and the entire Department of Health and Human Services in areas of law relating to civilian personnel, pay and travel, labor relations, debt collection, Public Health Service Commissioned Corps personnel, Equal Employment Opportunity, the Federal Torts Claim Act, the Military Personnel and Civilian Employees Claims Act, the Medical Care Recovery Act, and the Federally Supported Health Centers Assistance Act.

Serves as the focal point for all representation by attorneys of all Operating Division agency officials across the Department of Health and Human Services for all matters before the Equal Employment Opportunity Commission, the Merit Systems Protection Board, the Office of the Special Counsel (primarily Whistleblower Protection Act matters and other prohibited personnel practices), the Federal Labor Relations Authority (unfair labor practices, unit clarification petitions, negotiability appeals), and arbitrators. Relevant laws include, but are not limited to Title VII, Age Discrimination in Employment Act (ADEA), Rehabilitation Act, Title 5 (civil service and labor-management laws), Uniformed Services Employment and Reemployment Rights Act (USERRA), and Veterans Employment Opportunities Act (VEOA).

Provides overall leadership for the planning, development, implementation, and evaluation of all aspects of litigation including discovery, representation at hearings and motion/brief writing. Representation requires close coordination with human resources personnel, EEO personnel, administrative personnel, and management officials.

Provides guidance and direction to attorneys who do claims and employment law for broad litigation support for DOJ in labor and claims and employment law cases in Federal District Courts, Appellate Courts, and Supreme Court. Provides management oversight of agency-wide litigation support include drafting pleadings and motions, assistance with discovery, coordination regarding settlement negotiations, and acting as second chair at oral argument and trials.

Provides leadership and direction to legal services on sensitive, complex, and often precedent-setting policy issues involving the Claims and Employment Law Branch. Provides leadership to develop the attorneys who do claims and employment law into a disciplined and motivated team that can respond quickly and accurately to the ever changing demands of the agency. Initiates the development of sound legal strategies to support the agency's positions and then defends those positions in complex, and often controversial litigation.

Travel Required

Occasional travel - You may be expected to travel for this position.

Supervisory status
Yes

Promotion Potential
00

Requirements

Conditions of Employment

  • This employer participates in the E-Verify Program
  • U.S. Citizenship is required
  • Subject to satisfactory security and suitability determinations
  • New appointees must successfully complete a 1-year probationary period
  • Must pass a pre-employment drug test; random testing after appointment
  • This is a career position in the SES. Unless the selectee is already a member of the SES with career status or has successfully completed an SES Candidate Development Program certified by OPM.
  • Executive qualifications must be approved by OPM before appointment can be effected. If you are selected, you will be responsible for working with an HHS Executive Consultant, or QRB Writer to develop an ECQ narrative for submission to OPM
  • You must meet the qualification requirements of this position no later than the closing date of the job opportunity announcement.
  • Must possess J.D. or LL.B degree
  • Active Membership or admission to the bar is required


Qualifications

Open to all groups of qualified individuals from the public: Current employees within the Federal Service Excepted and Competitive. Current Career SES and SES reinstatement eligibles. SESCDP graduates may also apply for noncompetitive consideration.

As a basic requirement, applicants must demonstrate progressively responsible leadership experience that is indicative of senior executive level managerial capability and directly related to the skills and abilities outlined under the Professional/Technical Qualifications and Executive Core Qualifications listed below. Typically, experience of this nature will have been gained at or above the equivalent of the GS-15 grade level in the Federal service or its equivalent with state and local government, the private sector, or non-governmental organizations. Failure to meet this basic qualification requirement and all executive and technical qualification factors will automatically exclude you from further consideration.

All candidates for SES positions with the Federal Government must demonstrate leadership experience indicative of senior executive level management capability. To meet the minimum qualification requirements for this position, you must show in your resume that you possess the Fundamental Competencies, five Executive Core Qualifications (ECQs), and the Professional Technical Qualifications (PTQs) listed below. It is recommended that your resume emphasize levels of responsibility, scope and complexity of programs managed, and program accomplishments and results.

Fundamental Competencies:

Interpersonal Skills, Oral Communication, Integrity/Honesty, Written Communication, Continual Learning, and Public Service Motivation.

Executive Core Qualifications (ECQs):

1. Leading Change: The ability to bring about strategic change, both within and outside the organization, to meet organizational goals. Inherent to this ECQ is the ability to establish an organizational vision and to implement it in a continuously changing environment.

2. Leading People: The ability to lead people toward meeting the organization's vision, mission, and goals. Inherent to this ECQ is the ability to provide an inclusive workplace that fosters the development of others, facilitates cooperation and teamwork, and supports constructive resolution of conflicts.

3. Results Driven: The ability to meet organizational goals and customer expectations. Inherent to this ECQ is the ability to make decisions that produce high-quality results by applying technical knowledge, analyzing problems, and calculating risks.

4. Business Acumen: The ability to manage human, financial, and information resources strategically.

5. Building Coalitions: The ability to build coalitions internally and with other Federal agencies, State and local governments, nonprofit and private sector organizations, foreign governments, or international organizations to achieve common goals.

Professional Technical Qualifications (PTQs):

This position also requires that you possess PTQ's that represent knowledge, skills, and abilities essential for success in this role. The following PTQ's must be evident in your resume.
  • Demonstrated knowledge of the federal legislative process and processes within such entities as: Equal Employment Opportunity Commission, the Merit Systems Protection Board, the Office of the Special Counsel, and the Federal Labor Relations Authority and demonstrated knowledge in a wide range of employment and labor law that includes such topics as employee performance, employee misconduct, discipline, performance management, absence and leave, compensation and benefits, classification, staffing collective bargaining and administrative grievance processes.
  • Demonstrated leadership experience providing legal advice resulting in (1) analysis of complex legal problems, (2) management of the professional resources of an office to address problems and prepare complex legal documents.
  • Demonstrated leadership experience directing an effective cadre of lawyers and supporting personnel, setting appropriate priorities, and ensuring that the organization met clients' needs for high quality service.
  • It is STRONGLY recommended that you visit the following Office of Personnel Management (OPM) webpage for more information regarding the Fundamental Competencies and ECQs.

    https://www.opm.gov/policy-data-oversight/senior-executive-service/executive-core-qualifications/#url=Overview

    IF SELECTED, you will be required to complete an ECQ package by drafting narratives for each of the ECQs and be certified by an OPM Qualifications Review Board (QRB) in order to be placed in this position. If you are currently serving in a career SES appointment, are eligible for reinstatement into the SES, or have successfully completed an SES Candidate Development Program approved by the Office of Personnel Management (OPM), you WILL NOT need to draft the ECQs.

    Education

    Must possess J.D. or LL.B degree.

    Licensure

    Applicants must be licensed and authorized to practice law under the laws of a State, the District of Columbia, the Commonwealth of Puerto Rico, or any territorial court established under the United States Constitution. Judicial status is acceptable in lieu of "active" status in States that prohibit sitting judges from maintaining "active" status to practice law. Being in "good standing" is acceptable in lieu of "active" status in States where the licensing authority considers "good standing" as having a current license to practice law.

    Additional information

    Salary for Senior Executive Service positions varies depending on qualifications. The annual salary range may be found at the top of this announcement. This position may be eligible for performance bonuses and performance based pay adjustments.

    Probationary Period:

    An individual's initial SES career appointment becomes final only after the individual successfully completes a one year probationary period.

    Standards of Conduct/Financial Disclosure

    HHS inspires public confidence by maintaining high ethical principles, and all Federal Government employees are subject to the conflict of interest statutes and regulations, including the Standards of Ethical Conduct , that govern activities with outside organizations and reporting financial holdings. The Ethics in Government Act, PL 95-521 also requires the applicant selected for this position to submit a Public Financial Disclosure Report, OGE-278 , prior to assuming the SES position, annually, and upon termination of employment.

    Security and Background Requirements

    If not previously completed, a background security investigation will be required for all appointees .

    Equal Opportunity Employment

    Equality is held as one of the most important values at HHS. Selection for this, and any other position, will be based solely on merit. HHS does not discriminate based on race, color, religion, sex, national origin, political affiliation, marital status, sexual orientation, physical or mental disability, age or membership or non-membership in an employee organization, or any other non-merit factors.

    If applying online poses a hardship to you, you may submit your application by contacting Gregory T. Stewart whose contact information is listed below .

    Reasonable Accommodation Policy Statement

    Federal agencies must provide reasonable accommodation to applicants with disabilities where appropriate. Applicants requiring reasonable accommodation for any part of the application and hiring process should contact: . Requests for reasonable accommodation will be made on a case-by-case basis.

    Veteran's Preference

    Veteran's Preference does not apply to the SES.

    Selective Service

    As a condition of employment, all male applicants born after December 31, 1959, must have registered for the selective service. If selected for this position, the applicant must sign a statement certifying his registration, or the applicant must demonstrate exempt status under the Selective Service Law.

    How You Will Be Evaluated

    You will be evaluated for this job based on how well you meet the qualifications above.

    You will be evaluated on the quality and extent of your total accomplishments, experience, and education (if applicable). Your application will be rated and ranked by an Executive Resources Board (ERB) Panel, comprised of at least three SES members, using only the information submitted within the application package. Applicants who do not demonstrate in their application sufficient possession of the Fundamental Competencies, ECQs, and PTQs will be determined ineligible for further consideration.

    As part of the Resume Based recruitment method, the ERB Panel conducts a structured interview for all applicants, both competitive and non-competitive, who are determined to be in the top category from the ERB Rating Panel. Based on the Panel's evaluation, applicants who are determined Best Qualified will be referred to the selecting official for further consideration.

    Once a candidate has been identified for selection, reference checks may be completed. The Department's appointing official(s) will make a final approval of the selection, and in competitive cases, OPM's Qualifications Review Board (QRB) must certify the ECQs before final appointment can occur. If OPM approval is required for the ECQs, the candidate is required to assist in the development of the QRB template for submission to the QRB. Verification of performance, suitability and security information from reference checks will be taken into consideration when making offers of employment.

    Background checks and security clearance

    Security clearance
    Confidential

    Drug test required
    No

    Position sensitivity and risk
    High Risk (HR)

    Trust determination process
    Suitability/Fitness

    Required Documents

    All applicants are required to submit the following documents to be considered for the position:
  • Resume that contains your full name, address and phone number, and does not exceed the five (5) page limit;
  • Cover Letter (optional);
  • Online Assessment Questionnaire. To preview the assessment questionnaire, click here: ( https://apply.usastaffing.gov/ViewQuestionnaire/10945184 ).
  • Proof of active bar membership or admission to the bar is required
  • NOTE: THE USAJOBS RESUME TEMPLATE MAY RESULT IN A RESUME BEING LONGER THAN FIVE PAGES. PLEASE VERIFY PAGE LENGTH BEFORE SUBMISSION OF APPLICATION.

    Applicants who are currently, or were previously, Federal employees must also submit:
    • An SF-50 showing your current or former civil service status; and
    • Proof of OPM Qualifications Review Board certification (OPM-approved SES Candidate Development Program graduates), if applicable.
    NOTE: Documents submitted that are not listed in the Required Documents section of this announcement will not be considered or forwarded to the rating panel or selecting official.

    If you are relying on your education to meet qualification requirements:

    Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education .

    Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.

    Similar jobs