Position Description PD -- DV394960


 * Citation 1: OPM PCS GEN ATTY SERIES, GS-905, MAY 74

This position was approved and established for use by CEW only.
 * Position Duties:

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.
 * INTRODUCTION

The OARDEC Periodic Review Secretariat (PRS), established by 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.


 * SUPERVISORY CONTROLS

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.


 * MAJOR DUTIES

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.


 * EVALUATION

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.


 * Fair Labor Standards Act (FLSA) Determination = (EXEMPT)


 * Professional Exemption:


 * Professional work (primary duty)


 * 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.


 * FLSA Comments/Explanations:

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.


 * Position Evaluation:

Not Listed


 * Position Competencies: