Job Opportunity

RFOLD currently has one open position and is seeking applications by COB Monday May 17, 2021. Interested applicants should send a resume and a cover letter stating why you are interested in the position and why you believe you should be selected to Keith Weiner at Keith.Weiner@fema.dhs.gov with a copy to Cynthia Morrison at Cynthia.Morrison@fema.dhs.gov. The duty station for this position is Washington, D.C., however, due to the unique nature of RFOLD, other FEMA fixed facilities may be considered. The DACC for FO-Central will report to Mr. Keith Weiner, Associate Chief Counsel for RFOLD.

(1) IC-15 CORE Deputy Associate Chief Counsel, Field Operations (Central)

The Regional and Field Operations Legal Division (RFOLD) is seeking an extremely organized, competent, personable, and collaborative person to be the next Deputy Associate Chief Counsel for Field Operations – Central (DACC for FO-Central). The DACC for FO-Central will be the first level supervisor to approximately eight Deployable Field Counsel (DFC) attorneys and act as primary POC for the provision of field legal services to about a third of FEMA’s regions. Along with the other DACCs-FO and the OCC Cadre Coordinator, the DACC-FO Central will manage the deployment of our 95-strong cadre to disasters throughout the Nation and its territories.

FEMA’s Deployable Field Counsel team serve as the on-scene, attorneys who deploy to the Joint Field Offices across the Nation from Guam to the United States Virgin Islands. The DFC serve as the principal legal advisors to the Federal Coordinating Officers (FCOs) and field staff. Issues frequently involve complex Public Assistance projects, Individual Assistance, and Hazard Mitigation issues; reviewing documents and correspondence related to major and emergency disaster declarations; reviewing procurement/contracting matters; collaborating with headquarters counsel with respect to personnel law issues; working with headquarters litigators regarding litigation; and serving as an ethics official. The legal issues faced by the DFCs in the field are broad, and include nearly every agency program and operational function. As one of the leaders of this team, the DACC for FO-Central position is faced with unique challenges that are not faced by most OCC supervisors. You must lead and help your team to succeed in an often high stress environment and, yet, rarely have in-person contact.

Candidates must have at least five years of legal experience including at least four years of specialized experience that is directly related to the position being filled.  At least two of the four years of specialized experience must be at a level of difficulty and responsibility equivalent to that of an attorney at the GS-14 level.  This is a CORE position.

Job Opportunity

The Mission Support Legal Division (MSLD) is seeking two Attorneys for detail to the Personnel Law Branch (PLB). Both details are located at FEMA HQ, 500 C Street SW, Washington, DC, although full-time telework is authorized at least through August 31, 2021 due to the COVID-19 pandemic.

Detail #1 is at the GS/IC-14 level and requires favorable adjudication of a Tier 5 background investigation for a Top Secret clearance (critical-sensitive), which must be initiated as soon as possible. Therefore, the detail will not start until approximately the end of July to allow time for adjudication of the background investigation prior to the commencement of the detail. A temporary promotion is not authorized. The detailee will primarily provide legal support to the Office of the Chief Security Officer (OCSO), providing legal advice on all matters related to security (e.g., policy review, legal issues associated with personnel and physical security, as well as issues arising from the Security Compliance Division, and Fraud Investigations and Inspections Division) in disaster and steady-state contexts. The incumbent may also be assigned work supporting the Office of the Chief Component Human Capital Officer (OCCHCO) and other program offices in reviewing disciplinary actions and policy review, as well as assisting with personnel litigation. The detailee will report to the PLB Principal Deputy. The detail will be a minimum of 90 days (CORE) or 120 days (PFT).

Detail #2 is at the GS/IC-13, or 14 level. The incumbent will primarily support the Office of the Chief Component Human Capital Officer (OCCHCO), as well as serving all FEMA programs from which personnel litigation arises, will perform some disciplinary and adverse actions and policy review and may be assigned or assist with litigation before administrative forums (labor arbitrations, MSPB, EEOC, state unemployment and FLRA). The incumbent reports to the PLB-West Branch Chief. The detail will be 120 days, but an extension of 60 days will be requested. The detail will begin as soon as practicable after the announcement closes and a selection is made.

Candidates must have strong writing and communication skills and the ability to work independently, and represent the agency at a high level both internally and externally. Candidates must possess at least three years of professional legal experience, at least one of which includes advising clients and reviewing policies, procedures, technical manuals and other publications for legal sufficiency. For Detail #1, experience with providing advice to a federal security office will receive positive consideration. For Detail #2, experience with oral advocacy before courts or administrative tribunals, drafting memoranda of fact and law, motions, pleadings, litigation reports, and specific labor and employment experience will receive positive consideration. Please note this in your application. Due to the nature of FEMA’s operations, successful candidates should show the ability to work remotely. In addition, as a FEMA employee, the incumbent is subject to being deployed to support FEMA disaster operations.

If you would like to be considered for one of these details, please send a resume, clearly stating for which detail it is to be considered, to:
Detail #1: Leigh Hoburg by COB Wednesday, May 12 via email at Leigh.Hoburg@fema.dhs.gov.
Detail #2: Ashley Darbo by COB Monday, May 17 via email at Ashley.Darbo@fema.dhs.gov.
If applying for both details, applicant must submit a resume for each.

Job Opportunity: Licensed Associate Judge

Salt River Maricopa Indian Community
Scottsdale, Arizona

Closing Date: 5/12/2021 11:59 PM Arizona

Position Summary: Under the administrative direction of the Presiding Judge, presides over criminal, civil and juvenile cases as assigned. Responsible for fair and impartial administration of justice pursuant to the judicial powers granted by the Salt River Pima-Maricopa Indian Community (SRPMIC) and in ensuring SRPMIC adherence to applicable Federal, Tribal and other relevant laws and ordinances. The Licensed Associate Judge is appointed by the Council. This job class is treated as FLSA Exempt.

Distinguishing Features: The Licensed Associate Judge is an integral member of the judicial system and as such serves to ensure the fair and impartial administration of justice. The Licensed Associate Judge must thoroughly understand the legal system, administration of justice, interpersonal relationships, and dispute resolution as well as appropriate decision making techniques, public safety, and governmental methods of reporting. Responsible for complex and sensitive legal decisions and judicial rulings on criminal and civil cases as assigned. The Licensed Associate Judge’s work is reviewed by the Presiding Judge through an annual performance review, reports, conferences and meetings. Judicial conduct is governed by Section 4-25 of the SRPMIC Code of ordinances and the SRPMIC Court Rules of Professional Conduct, Sec 2, Judicial Rules of Professional Conduct.

Qualifications:
Education & Experience:  The applicant shall meet all the qualifications as set for in Chapter 4, Article 2, 4-32(c) of the SRPMIC Code of Ordinances as amended.  Such qualifications include:

  1. Being thirty (30) years of age or older;
  2. Must have graduated from an accredited law school with a Juris Doctorate;
  3. Must be a member for at least three (3) years and in good standing with a state bar association; preference for current license to practice in Arizona. 
  4. Of good moral character and any assessment of moral character shall be consistent with the customs and traditions of the Akimel O’odham and Xalychidom Piiipaash peoples;
  5. Has never been removed for good cause as a judge in jurisdiction;
  6. Has never been convicted of a felony in any jurisdiction and has not been convicted of a misdemeanor (not including violations that are generally considered civil  traffic violations) within the past 5 years; and
  7. Preference will be given to enrolled members of the Community, the Gila River Indian Community, the Ak-Chin Indian Community and the Tohono O’odham Nation.
  8. Serving a one (1) year probationary period; and
  9. Applicant must provide all past discipline that he or she received in a role as a judge, attorney, or advocate.


See full job description here.

Job Opportunity one -14 CORE Trial Attorney

Personnel Law Branch (PLB)

Closing dates:
COB May 3, 2020

Work schedule:
Full-time

Location:
Washington, D.C.

Summary:
PLB is responsible for providing advice on personnel issues and policies and defending FEMA’s personnel actions and decisions in administrative hearings.

Duties may include:
• Supporting the Department of Justice in developing and presenting litigation in the federal courts, or state and municipal courts.
• Litigating cases before the Equal Employment Opportunity Commission, Merit Systems Protection Board, other administrative forums and alternative dispute resolution proceedings. Represent the Agency before the FLRA and in Union arbitrations.
• Reviewing proposals, participating in negotiations and determinations of settlement of litigation, and recommending settlement of matters in accordance with agency, DHS, or OCC directives or policies.
• Preparing documentary evidence and witness testimony in support of dispositive motions or trial; preparing declarations and affidavits and directing investigations for the purpose of developing additional evidence in pending litigation.
• Preparing and providing trainings on various employment matters.
• Reviewing and making recommendations on proposed employment actions.
• Reviewing and making recommendations on legislation, regulations, or changes in existing policies, practices, and agency issuances to cure or eliminate problems

To qualify for this position at the IC-14 level, you must demonstrate:
At least three years of full-time professional legal experience gained after being admitted to the bar. The minimum three-year work experience requirement includes at least two years of specialized experience that is directly related to the position being filled. At least one of the two years of specialized experience must be at a level of difficulty and responsibility equivalent to that of an attorney at the IC-13 level. Specialized experience for this position includes:

  1. Independently managing and litigating a heavy caseload of administrative cases;
  2. Independently producing well-articulated legal opinions, memoranda, and briefs regarding complex legal issues; and
  3. Evaluating proposed legislation and regulations and its effects on existing policies, programs and operations.

Interested applicants must send resumes to Ashley Darbo, Deputy Associate Chief Counsel, at ashley.darbo@fema.dhs.gov by COB May 3, 2020. Please ensure your resume or cover letter identify the relevant professional experience you believe qualifies you for the 14 grade.

Job Opportunity General Attorney

DEPARTMENT OF HOMELAND SECURITY
Customs and Border Protection
Office of the General Counsel

Open & closing dates
04/19/2021 to 05/10/2021

Work schedule
Full-time

Location:
Edinburg, TX 2 vacancies

Summary:
As our nation navigates the COVID-19 pandemic, CBP is committed to delivering our mission to safeguard America’s borders and enable legitimate trade and travel. Staffing mission critical positions remains a high priority. Be reassured that CBP is still hiring, despite potential hiring process step delays due to restrictions to in-person activities.

Responsibilities
In this position, you will become a key member of the legal team for The Office of The Chief Counsel. Typical work assignments include:
o Providing legal advice to, and legal representation of, CBP officers in matters relating to the activities and functions of Customs and Border Protection (CBP);
o Performing legal research into laws, regulations, decisions, and other precedents bearing on legal issues involving CBP to included Customs and Immigration laws;
Etc. …

Basic Requirements:
Applicant must be a graduate from a full course of study in a School of Law accredited by the American Bar Association and be an active member in good standing of the bar of a state, territory of the United States, the District of Columbia or the Commonwealth of Puerto Rico.

To See full job description:
USAJOBS – Job Announcement

How to Apply:
Submit your application electronically to:
rgv-occ@cbp.dhs.gov

Agency Contact info:
CBP Hiring Center
Phone: 952-857-2932
Email: CBPhiring-applicantinquiry@cbp.dhs.gov

Job Opportunity Attorney-Advisor (Open Continuous)

DEPARTMENT OF HOMELAND SECURITY
DHS Headquarters
Office of the General Counsel

Open & closing dates
04/20/2021 to 04/19/2022

Work schedule
Full-time

Location:
Washington, DC

Summary:
This position is located in the Department of Homeland Security (DHS), Office of the General Counsel, Operations and Enforcement Law Division (OELD).
The primary purpose of this position is to serve the Office of the General Counsel as a legal advisor. The individual will provide legal advice and litigation support in the areas of data privacy, biometrics, screening and vetting issues.

Responsibilities
As an Attorney-Advisor (Open Continuous) GS 0905 13/14, your typical work assignments may include the following under supervision:
o DHS operations pertaining to data privacy, biometrics, screening and vetting issues.
o Litigation support to federal, state, and international governments attorneys regarding data privacy, biometrics and screening and vetting issues.
o Provide legal advice, as required, regarding other DHS operational and/or enforcement matters.

Basic Requirements:
You as an applicant must be an active member in good standing of the bar of a State, U.S. Commonwealth, U.S. territory, the District of Columbia, or the Commonwealth of Puerto Rico, and be a graduate of a law school accredited by the American Bar Association; AND…

How to Apply:
USAJOBS – Job Announcement

Agency Contact info:
Lori Pollacci
Phone: 2023578668
Email: lori.pollacci@hq.dhs.gov
Address:
Department of Homeland Security Headquarters
245 Murray Lane SW
Washington, DC 20528

Job Opportunity- Tribal Water Attorney

Closing Date:
Open until filled

Location:
Ignacio, CO

Summary:
Under the supervision of the Legal Department Director, attorney will serve as a member of the Tribe’s Legal Department, with principal responsibility for representing the Tribe on water matters. Where time allows, the attorney will represent the Tribe in other matters that require the Legal Department’s attention, including code review and drafting, litigation, contract review,
and employment matters.

ESSENTIAL DUTIES AND RESPONSIBILITIES:

  1. Evaluates potential opportunities and threats associated with the Tribe’s water rights
    portfolio.
  2. Stays abreast of State and Federal water law changes, informing necessary legal and
    Tribal staff and recommending action when needed.
  3. Advocates and lobbies, individually and with the Tribe’s lobbyists, on State and Federal
    water policy and legislation that impacts tribal water.
    Etc.…

EDUCATION AND EXPERIENCE:
• Must have graduated from an accredited law school.
• Must be licensed to practice law in one or more state jurisdictions.
• Must have at least 5 years of experience practicing water law as an attorney.
• Must have working knowledge of federal Indian water rights and how they interact with
State rights.
• Must have working knowledge of Colorado water law and Law of the Colorado River.
Etc.

How to Apply:
https://careers.southernute.com/pfund

Job Opportunity- Staff Attorney

Summary:
Provide legal advice and representation, document drafting and collaboration with a wide range of Swinomish Indian Tribal Community policy committees, departments and entities.

Location:
Swinomish Indian Reservation located on Fidalgo Island across the Swinomish Channel from La Conner, WA.

Qualifications:
Have experience or demonstrated expertise in one or more of the following: contract drafting and negotiation; drafting statutes, policies and procedures; and representing public or private entities; as well as expertise in at least one of the following substantive fields of law: Human Resources/Employment Law, Health Care, Real Estate, Tribal economic development or private sector commercial transactions, Social Services/Education, or Indian law. Qualified applicants must be licensed or have the ability to become licensed within six months, to practice in Washington.

Submit the following:
Swinomish Indian Tribal Community Employment Application and Office
of Tribal Attorney Application Addendum (you may request these via email); cover letter
including an explanation of the applicant’s interest in the position, along with a current resume, the names and contact information for at least three professional references, and two samples of the applicant’s own independent legal writing.

Submit requirements to:
Wendy Otto
Swinomish Indian Tribal Community
11404 Moorage Way
La Conner, Washington 98257
Tel: (360) 466-1134
Fax: (360) 466-5309
Email: wotto@swinomish.nsn.us

ILP MLS Grad Teaching at ASU

For Richard Breuninger (’13), when his mentor ASU’s American Indian Studies Program interim director and associate professor Dr. James Riding In tapped him to teach his course, Sovereignty and the Supreme Court, while he took sabbatical, he didn’t hesitate. Breuninger received encouragement from friends and colleagues, and most notably from his girlfriend, fellow Sun Devil and SPED teacher, Megan Pirehpour, who helped him realize his true calling—to be in front of the classroom. 

“There are truly no limits for the future of a student conferring an MLS and especially with an ILP concentration,” said Breuninger. “The amount of support from Kate, Ann Marie, Patty, and all the law professors, give one the confidence to support and advocate on a scholarly and top tier level. It has been the ultimate springboard into my EdD doctoral journey, as I am now within one semester of dissertation defense after I found my own voice leveraging and leaning on the degree to put me in the best possible position for the eventual outcome.”

Safeguarding education and working together to embolden partnerships is what ILP alums like Breuninger understand. He is a proud Oneida member, a triple Sun Devil and is going into his third year teaching and lecturing as a faculty associate at Arizona State University. His course instruction is undergraduate study but is hopeful to expand teaching graduate studies upon completion of his dissertation defense and conferring his terminal degree. 

This semester, he is teaching undergraduate courses: Sovereignty and the Supreme Court, Federal Indian Policy, and American Indian and Indigenous Film. While teaching remotely, he has been able to bring in guest speakers including ASU Law faculty associate Carl Artman, Gila River Indian Community Governor Stephen Lewis and others to “give pure insight and perspective on subject matter previously not available,” he said. Invited to his class, ILP alum and attorney Joe Keene (’12) presented on the McGirt case, its consequences and its impact on Indian law. “I enjoyed the presentation and loved speaking to the college students,” said Keene. 

“The students are extremely bright and curious about law school, so I always put the ILP at the mountain top, of course,” said Breuninger.

“It is great to see Richard thriving in the classroom,” said ILP Faculty Director Patty Ferguson-Bohnee. “Richard is engaged in very important research regarding access to higher education for tribal members. His teaching and scholarship have the potential to help guide future pipeline programs.”

He is a thoughtful and committed ally whose inclusive curriculum is positively impacting students. We appreciate you, Richard!

________

Danielle Williams
Program Coordinator, Indian Legal Program, ASU Law