POSITION CLASSIFICATION STANDARDS USED IN CLASSIFYING/GRADING POSITION:
Citation 1: OPM PCS GEN ATTY SERIES, GS-905, MAY 74
Supervisory Certification: I certify that this is an accurate statement of the major duties and responsibilities of this position and its organizational relationships, and that the position is necessary to carry out Government functions for which I am responsible. This certification is made with the knowledge that this information is to be used for statutory purposes relating to appointment and payment of public funds, and that false or misleading statements may constitute violations of such statutes or their implementing regulations.
Classification Review: This position has been classified/graded as required by Title 5, U.S. Code in conformance with standard published by the U.S. Office of Personnel Management or if no published standards apply directly, consistently with the most applicable published standards.
Reviewed By: DIANE BLAKELY
Reviewed Date: 03/27/2012
Primary Work Role: VARIES
Additional Work Role 1: VARIES
Additional Work Role 2: VARIES
FLSA Worksheet: EXEMPT
FLSA Appeal: NO
Bus Code: VARIES
DCIPS PD: NO
Mission Category: VARIES
Work Category: VARIES
Work Level: VARIES
Acquisition Position: NO
Functional Code: 00
Supervisor Status: VARIES
PD Status: ARCHIVED
CONDITION OF EMPLOYMENT:
Drug Test Required:
Financial Management Certification:
Position Designation: VARIES
Position Sensitivity: VARIES
Security Access: VARIES
Requires Access to Firearms: VARIES
Personnel Reliability Position: VARIES
Information Assurance: VARIES
Financial Disclosure: VARIES
Financial Disclosure: YES **
Enterprise Position: VARIES
Competitive Area: VARIES
Competitive Level: VARIES
Career Program: VARIES
Career Ladder PD: NO
Target Grade/FPL: 14
Career Pos 1:
Career Pos 2:
Career Pos 3:
Career Pos 4:
Career Pos 5:
Career Pos 6:
This position was approved and established for use by CEW only.
This position is an attorney for the Office for the Administrative Review of the Detention of Enemy Combatants (OARDEC). The OARDEC Administrative Review Board is a U.S. military body that conducts an annual review of the enemy combatants. The purpose of the Board is to assess the current and potential threat posed by the detainee, then recommend whether the detainee will remain under the custody of the Joint Task Force.
The OARDEC Periodic Review Secretariat (PRS), established by Executive Order 13567 of March 7, 2011, is responsible for obtaining information within DoD and from other Federal agencies including the National Security Council, Department of State, Department of Justice, Federal Bureau of Investigation, and the Central Intelligence Agency. Agencies provide both classified and unclassified information to OARDEC/PRS to assist in making a determination. The OARDEC/PRS is responsible for coordinating with Department of State to provide each detainee’s home nation the opportunity to provide information, including the opportunity to submit information from the detainee’s family.
This information is reviewed and summarized by OARDEC/PRS. This review does not determine guilt or innocence. It makes a recommendation as to whether the detainee can be released, transferred, or continued to be detained.
Works under the supervision of Director OARDEC/PRS, an SES official, performing duties on own initiative, in accordance with laws, regulations, policies and procedures. Some legal issues have little analogous precedent and involve ISSUES not yet resolved by policy, regulation or court decisions. Completed work is evaluated in terms of overall effectiveness of incumbent’s legal advice and decisions on the OARDEC mission objectives.
This position is a senior legal advisor to the Director OARDEC/PRS providing professional knowledge and expertise in the principles, laws, regulations, practices, and techniques within the rule of law disciplines. Cases are highly complex, and unique and are complicated by the lack of established precedents and procedures.
-- As a senior OARDEC/PRS attorney incumbent is responsible for determining whether information obtained from DoD and other agency courses is consistent with applicable law. Advises and provide legal oversight to team members and case administrators on the relevancy of the data being compiled and identifying mitigating information.
Incumbent reviews a wide range of complex and potentially conflicting information including, but not limited to information provided by DoD and other U.S. government agencies; nature and circumstances surrounding the enemy combatant’s apprehension and subsequent detention; intelligence or criminal investigation information developed on an enemy combatant prior or subsequent to apprehension; statements made by the enemy combatant prior to or while in detention; cooperation of the enemy combatant with U.S. government or allied representatives; conduct while in detention; information provided by the enemy combatant’s home nation including whether the home nation will accept return of the enemy combatant and any circumstances or conditions related to return; information provided by the enemy combatant’s relatives; and enemy combatant’s age, work history, health, education, marital and family status. 50%
-- Incumbent prepares requests to the Review Board for a determination on applicability of whether national security necessitates a detainee's personal representative and private counsel be given sanitized and redacted summaries of information gathered by team members. Upon receiving Review Board decision, prepares summaries ensuring the protection of national and operational security requirements. Prepares (e.g., drafting and editing) the government's case. For each case, ensures the information is deemed sufficiently reliable to enable the Review Board to use the information in reaching their decisions. Coordinates with DoD Office of General Counsel to ensure each case is presented in a manner which best withstands pending and future habeas corpus litigation. 35%
-- As a senior legal advisor, the incumbent is considered an expert advisor within OARDEC/PRS and DoD. Utilizes highly skilled professional knowledge of the principles, theories, and methodologies related to furthering OARDEC’s mission and program objectives. 15%
Performs other duties as assigned.
SPECIAL CONDITIONS OF EMPLOYMENT
Incumbent must possess a law degree and be admitted to a state Bar.
Incumbent must obtain and maintain a SECRET security clearance.
Incumbent is required to submit a Financial Disclosure Statement, OGE-450, (5CFR Part 2634, Subpart I USOGE, 6/08). Executive Branch Personnel Confidential Financial Disclosure Report upon entering the position and annually, in accordance with DOD Directive 5500-7-R, Joint Ethics Regulation, dated 23 March 2006.
Reference: (a) OPM PCS General Attorney Series, GS 905, dated October 1959 (TS-23), August 1960 (TS-29), December 1968 (TS-77), May 1974 (TS-18).
Title and Series: The duties of this position require admission to the bar. The requirements of this position match the GS-905 series definition of reference (a). Attorney-Advisor is the appropriate title.
Grade: Evaluation of these duties is provided by comparison to the referenced standard. In making the comparison, consideration must be given to two primary factors: (1) the nature of the case or legal problem, and (2) the level of responsibility.
FACTOR 1 - Nature of case or legal problem:
Three levels of difficulty are described for this factor. Type I cases or legal problems are simple; Type II are difficult; and Type III are the most difficult. These levels represent the full span of difficulty or importance of attorney work throughout the federal government. If a case or problem does not satisfy the requirements indicated by the level of one of these types, it is identified with the next lower type because each type is described in terms of the minimum characteristics of the range of difficulty it represents.
The incumbent provides expert legal services and advice for OARDEC and PRS programs and cases. The legal services characteristically involve controversial issues, cases, and problems that are extremely difficult and unprecedented, and involve intense international legal, political and media scrutiny. The incumbent performs extensive research; determines implications of novel and complex legal and security issues; develops OARDEC/PRS factual, legal, and precedent-setting determinations on controversial matters. TYPE III is assigned.
FACTOR 2 - Level of Responsibility:
This factor is described in terms of four elements: (1) nature of functions; (2) supervision and guidance received; (3) personal work contacts; and (4) nature and scope of recommendations and decisions. (1) Nature of functions: Incumbent’s level of responsibility: Incumbent is a Principal Attorney-Advisor to senior OARDEC officials and the Director, PRS. The work involves providing legal expertise and guidance for programs/cases which are highly complex, and unique and are complicated by the lack of precedent and by intense national and international scrutiny and criticism. Level E is credited.
2) Supervision and Guidance Received: Incumbent is considered an expert within assigned functions. There are senior attorneys available for advice and assistance. Incumbent has wide latitude to plan and accomplish assignments. This exceeds Level C. However, the employee does receive the very limited supervision described at Level E.. Level D is credited. (3) Personal Work Contacts: As a senior Attorney-Advisor incumbent works with DoD legal and security officials and with equivalent officials of other Federal agencies including Department of State, Department of Justice, CIA and FBI. The purpose of contacts is to obtain sensitive information and advice and coordinate legal positions and OARDEC missions. While the personal work contacts exceed Level C, they do not reach Level E. Level D is credited.
(4) Nature and Scope of Recommendations and Decisions: As a senior Attorney-Advisor incumbent’s recommendations influence OARDEC program objectives. Recommendations are considered technically accurate and are evaluated in terms of OARDEC policy and mission objectives. While this exceeds Level C, it does not reach Level E. Level D is credited.
Conclusion: Type III, Nature of case or legal problem with Level D, Level of Responsibility equates to a GS-14 on the grade conversion chart of referenced standard.
Final Classification: Attorney Adviser, GS 905-14.
** Incumbent is required to submit a Financial Disclosure Statement, OGE-450, (5CFR Part 2634, Subpart I USOGE, 6/08). Executive Branch Personnel Confidential Financial Disclosure Report upon entering the position and annually, in accordance with DoD Directive 5500-7-R, Joint Ethics Regulation, dated 23 March 2006.
1. Availability Pay Exemption - (e.g., Criminal Investigators, U.S. Customs and Border Protection pilots who are also Law Enforcement Officers).
2. Foreign Exemption - (Note: Puerto Rico and certain other locations do not qualify for this exemption – See 5 CFR 551.104 for a list of Nonexempt areas.)
3. Executive Exemption:
a. Exercises appropriate management responsibility (primary duty) over a recognized organizational unit with a continuing function, AND
b. Customarily and regularly directs 2 or more employees, AND
c. Has the authority to make or recommend hiring, firing, or other status-change decisions, when such recommendations have particular weight.
4. Professional Exemption:
a. Professional work (primary duty)
b. Learned Professional, (See 5 CFR, 551.208 ) (Registered Nurses, Dental Hygienists, Physician’s Assistants, Medical Technologists, Teachers, Attorneys, Physicians, Dentists, Podiatrists, Optometrists, Engineers, Architects, and Accountants at the independent level as just some of the typical examples of exempt professionals). Or
c. Creative Professional, (See 5 CFR, 551.209 ) (The primary duty requires invention and originality in a recognized artistic field (music, writing, etc.) and does not typically include newspapers or other media or work subject to control by the organization are just some examples of Creative Professionals). Or
d. Computer Employee, (See 5 CFR, 551.210 ) ( must meet salary test and perform such duties as system analysis, program/system design, or program/system testing, documentation, and modification). Computer manufacture or repair is excluded (non-exempt work).
5. Administrative Exemption:
a. Primary duty consistent with 5 CFR 551 (e.g.; non-manual work directly related to the management or general business operations of the employer or its customers), AND job duties require exercise of discretion & independent judgment.
FLSA Conclusion: Exempt Non Exempt
This position is a senior legal advisor to the Director OARDEC/PRS providing professional knowledge and expertise in the principles, laws, regulations, practices, and techniques within the rule of law disciplines.