The Chief Counsel is responsible for performing all of the legal services related to alcohol, tobacco, firearms, explosives, arson, and administrative law. The Office of the Chief Counsel (CC) prepares, reviews, or assists in the preparation of proposed legislation, regulations, and executive orders relating to the laws affecting and enforced by the Bureau. The CC makes recommendations to the Department of Justice (DOJ) concerning litigation involving the Bureau; represents the Bureau in administrative proceedings; and provides legal advice and assistance to other Federal, State, and local agencies including U.S. Attorneys and DOJ officials in the prosecution of ATF firearms and explosives cases and cases involving alcohol and tobacco diversion.
This position is located in the Office of Chief Counsel, Litigation Division. The attorney major responsibilities include:
Serving as the agency representative in litigation before the Merit Systems Protection Board (MSPB) and Equal Employment Opportunity Commission (EEOC) and acts as second chair in MSPB and EEOC litigation reaching the Federal district and appellate courts.
Determining the resolution of administrative claims under the Federal Tort Claims Act (FTCA); and the Military Personnel and Civilian Employees Claims Act.
Serving as agency counsel in litigation involving the FTCA, Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the Freedom of Information Act, the Privacy Act, challenges to the Federal firearms and explosives laws and regulations pursuant to the Administrative Procedure Act, and constitutional challenges.
Conducts extensive research and analysis, applying the pertinent laws, regulations, judicial decisions, administrative opinions, and the Department and Bureau rulings, to defend actions brought against the Bureau, its employees and the laws it is charged with administering and enforcing. This includes providing thorough and comprehensive litigation reports, motions, memoranda and briefs to the Department of Justice; attending hearings, settlement conferences, mediations, and other forms of alternative dispute resolution; gathering, organizing, and providing responses to discovery requests, and seeking discovery.
Reviews decisions by the courts and other tribunals that were unfavorable to the Government to determine whether to recommend seeking appellate review, which includes considering the effect of the decision as precedent if allowed to stand, the need for consistent application of the law in all jurisdictions, the sufficiency of evidence, and the amount of damages at issue. Such cases also include the appeal of administrative decisions regarding the revocation and denial of Federal firearms and explosives licenses and permits. If an appeal is recommended and approved, may assist in the preparation of the Government’s case before the appellate court.
Provides advice on questions of law or policy involved in the Bureau’s operations, conducts briefings on case status, gives guidance as to litigation risk to ATF officials, and confers with other Department and Government attorneys to defend lawsuits.
Applicants must possess a J.D. degree from an American Bar Association (ABA) accredited law school.
Specialized Experience is experience which is in or directly related to the line of work of this position and which has equipped the applicant with particular knowledge, skills and abilities to successfully perform the duties of the position.
All applicants must have five (5) years of specialized experience as a practicing attorney in litigation; knowledge of the Federal firearms and explosives laws and the Administrative Procedure Act; experience with the resolution of administrative claims under the Federal Tort Claims Act (FTCA), and the Military Personnel and Civilian Employees Claims Act, and litigation involving the FTCA, Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the Freedom of Information Act, the Privacy Act; experience with the Merit System Protection Board and Equal Employment Occupation Commission processes and procedures; and demonstrated superior analytical and writing skills.
In addition, all applicants, must be active members in good standing of the bar of any state or territory, or the District of Columbia.
All applicants must meet all qualifications requirements described in this announcement by the closing date.
The how to apply instructions can be found in VA #15-EXC-140-EMH on USAJOBS.OPM.GOV.
All applications and resume must be submitted on-line through USAJOBS under vacancy announcement number 15-EXC-140-EMH.
All application must be received by Monday, February 23, 2015 midnight on the closing date of this announcement.
If you have questions or are unable to submit your application through USAJOBS, please contact Ella Hathaway, Human Resources Specialist, at (202) 648-8835.
Internet sites: http://www.atf.gov/content/Careers/careers-at-ATF (use this internet site to access the on-line application in USAJOBS).