ML20202A786
| ML20202A786 | |
| Person / Time | |
|---|---|
| Issue date: | 08/06/1979 |
| From: | Bird P NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Doyle H OFFICE OF PERSONNEL MANAGEMENT |
| Shared Package | |
| ML20199L935 | List:
|
| References | |
| FOIA-98-361 NUDOCS 9901280276 | |
| Download: ML20202A786 (7) | |
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o g UNITED STATES 8 o g E NUCLEAR REGULATORY COMMISSION l WASHINGTON, D. C. 20555 k ,/ AUG 6 1979
~ Mr. H. A. Doyle, Jr. , Director Retirement and Insurance Division Office of Personnel Management 1900 E Street, N.W.
Washington, D.C. 20415
Dear Mr. Doyle:
It is requested that a determination be made on the enclosed position description, as to its consistancy with the definition of Law Enforcement Officer.
This request is made so that we can make a decision of whether the position is subject to the provisions of Public Law 93-350. Accordingly, retirement deductions of 7 % and agency contributions of 7 %, will be deducted if the l
provisions apply. .
For your information, the Executive Officer for Operations Support (XOOS),
the organizational location of the sosition, is inv.eWHanc-into311 naHgne-iwddenosiammeeddents.ooou 9 .etdir related IREGiEldsansad;fae444M L.JL M44es . In addition, XOOS uM -
g,dnuestiga W nse.haad C 7M enah.sens M v_ity-ot*mrt' tma 9.is-T Ws the investigations performed are highly complex !
and involve matters of potential criminality covering a wide spectrum of i violations, including violations of the Federal Criminal Code, NRC regulations made criminal by statute and violations of the Atomic Energy Act of 1954, as amended, a small cadre of experienced criminal investigators was hired to meet NRC's needs. Because of the highly sophisticated nature of the investi-gations, and since NRC has neither the training facilities for investigators nor a large internal reservoir of investigators from which to draw, it was necessary to go outside the agency to obtain the experienced personnel needed for the program. Prior experience as criminal investigators was considered an essential background for these positions and was a major factor in the selection of the, incumbents. I If additional information is needed for your review please contact l Ms. Theresa D. Spearman, Division of Organization and Personnel, Nuclear Regulatory Commission, Washington, D. C. 20555, telephone number 492-8266.
Sincerely, I
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g12pg6990111 s on f br za on and I l FOSTER 98-361 PDR Personnel l -
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Enclosure:
As stated.
cc: D. J. Donoghue, ADM V. Stello, IE P AOM t rnn
- 1 4 0 /. G. Morry.2ro2 7c 7/*h_ v . qnc e i c k
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0 INVESTIGATOR, GS-(1811)-14 p h c.W Executive Office for Operations Support Office of Inspection and Enforcement FUNCTIONAL-STATEMENT As a member of the staff of the Executive Officer for Operations Support (XOOS), serves as a staff investigator and senior IE expert in all phases of investigative activity. As an expert in criminal and civil investigations, monitors, coordinates and evaluates the IE investigative program as carried out by the Regional _. Offices. p cipat u in,,the deC'~'CTipetitiliNuTdanee and policy'T5Mesiavestiga,t>v. - gvgFa';m.
Serves as a Headquarters contact for the Regional Offices, both to coordinate investigations and to provide guidance on complex and sensitive issues which may arise. E3ngs;T~ g.-lE TfN=" h4=hlynsensitive finvestigation.s as 2auigned.by'e.imagdiatcAupervisor.and/crrathes.
Dport. Executive Officer.Jor_ Operations R views all investigations to ensure conformity with NRC policy and maintenance of high professional standards. Is alert to those investigations involving potential criminality so as to ensure timely coordination with the Office of Inspector 'nda Auditor (OIA) for possible referral to the Department of Justice (D0J).
REGULAR DUTIES Serves as Headquarters contact for Regional Offices on investigative matters. i Maintains status of significant investigations and inquiries performed by l Regional offices and monitors their efforts to ensure compliance with NRC Inspection and Enforcement policy and procedures. Performs investigations and inquiries in major cases.
xeceiv~es, rev C .-_1 T.' leases.dsvestigativegeports, teletypes and related correspondence from Regional Offices. Advises immediate supervisor and/or Executive Officer for Operations Support of significant investi-4 gations as they develop and makes recommendations which further the development of complex cases involving NRC's mission to protect the public. health and safety.
Audits investigative performance of NRC Regional Offices by monitoring major investigations', examining inquiries / allegations to see if investi-gations were performed as warranted and reviewing sample cases to determine whether the actions of Regional Offices conform to established policies, criteria and instructions.
Acts as a focal point for on going investigations and coordinates field input with appropriate staff groups in the Headquart rs IE program disisions and with other NRC organizational entities as appropriate.
k - -Tfvi*1hv~eMiEaYWend.anaxpert.in criminal.tand civil investiga-t%,gyiews.the; findings of investigations performed by others ,in. order fl 2iilesine a Tecommended course of- action, such as further investigative l
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activity or recommendation for criminal review by the Department of Justice. On potential criminal violations, maintains liaison and works closely with the Office of Inspector and Auditor.
- * == -*' = w -n=d;.guidancelana,,and condnotars heitive iussag ga? Paa +f-7 1.leged or-suspectedc. violations.of Federal laws,and/ori NRC. reen1 =tions-(including-the-Atomit-Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, the National Environ-mental Policy Act, the Administrative Procedures Act and the relevant sections of Title 18, U.S. Code) which occur at or are related to NRC licensed facilities and activities. The investigations performed frequently have broad national implications and may stem from outside allegations, from NRC inspections or from NRC initiated inquiries into theft, fraud, accidents, incidents or any unusual circumstances involving nuclear materials or facilities which could adversely affect the public health and safety. Conducts or assists in the conduct of special investigations into certain IE activities, as directed by senior IE management.
--.m. y.m l@.':-~ h' /14 tha- a=+ haring.And preservation,.of evidence o
.to he-u,g,ed..in.s;nforcement cases; (2) intMtting-indixiduals as necessaryn
%,ther.jp .ip.yestigagoln39.d.7phpptufcg,Jhere-appropriate,Jigned s Lateme,gtg Ip ht gs d ig,,eyjdances and (3) the preparation of clear, logical and impartial reports which must be complete, accurate and in a form suitable for evidentiary purposes in a court of law or other legal or administrative proceedings.
Identifies areas where administrative and technical guidance to the Regions is necessary and recommends to immediate supervisor and/or Executive Officer for Operations Support action necessary to develop such guidance.
Routinely pro 9 ides guidance to Regional Offices to insure prompt and effective handling of complex investigative activity in his area of specialty.
Travels to NRC Regional Offices in order to develop and maintain effective Headquarters / Field office liaison. Personally, or through IE stoff e--- =_-:_:- : & -rsgfif~.;3 - fiaQQ-+4. 3mn=7-tr.aad4 unction-i&Ethe-investitative-program .against F "' --H.-@ramatic require-maats W TM-Nin his-area-of specielty. Appraisals include the accompa-niment of regional staff members in the actual performance of field inves-tigation activities.
Provides oral and/or written replies for signature of senior NRC staff to inquiries from other government agencies, members of Congress, Congressional Committees and members of the public regarding NRC investigations.
hse %WYsi~eir:6Fre~glo71al~ investigators, assigned to
- specific investi-gaMettrto6dheted-by IE Headquarters.- In such-investigations, normally sggyes as-the principal investigator or team -leader.
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i i Presents results of investigations to Office of Inspection and Enforce-ment, i to Office of Inspector and Auditor, to top management in NRC and to the ACRS, ASLB, and others as appropriate; testifies in court or before
' Hearing Examiners when requested.
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BASIC SKILLS l J - - tme. S$ edge-of--invest-itadvs:tschniques;as. vel-las of-the-lews -of-evidence-and-the rules-of criminal.goced,ule, Should be aware of precedent rights.and court related decisions issues. concerning admissibility of evidence, constitutional Must be able to recognize, develop and present evidence that reconstructs events, sequences, and time elements and establishes relationships, responsibilities, legal liabilities, conflicts of interest, and related matters, in a manner that meets requirements for presentation in court or other legal or administrative proceedings. This knowledge is equivalent to that gained by the completion of an undergraduade program leading to a baccalau-reste degree at an accredited college or university supplemented by at least !'
six years of progressively responsible investigative experience gained throuE h full time employment'as an investigator with a federal, state or local law enforcement or investigative agency. Ques'aiiiiF4Wiesmasatise expatience:.is
! FirTensarl-because-theducumbent.must- be slert to areas of potential-criminality
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! in,tha.tavestigations-he' himself ~per forms a's 'well-as-in the- review of-investiga-1 tions performed by. regional investigators.
Specific skills include, but are not limited to: -
Knowledge and awareness of what constitutes a crime or violation as defined in pertinent statutes such as the Atomic Energy Act of 1954 as amended, the Energy Reorganization Act of 1974, as amended, the
' National Environmental' Policy Act, the Administrative Procedures Act and the relevant sections of Title 18, U. S. Code.
Knowledge of the kind of evidence and elements of proof associated with a particular crime or violation.
l Know' ledge of the methodologies used to prepare, preserve and.do' ument c evidence so as to prevent its destruction, suppression or being rendered l
unusable. '
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Knowledge of decisions and precedent cases involving the admissibility of evidence, constitutional rights, search and seizure, and other investi-gation-related matters.
Knowledge of the relationships among the criminal and civil investiga-tive jurisdictions of various federal, state and local agencies.
Ability to recognize, develop and present evidence that reconstructs events, sequences, and time elements, and establishes relationships, responsibilities, legal liabilities, conflicts of interest, and related matters, in a manner that meets requirements for presentation in various l
legal / administrative hearings and court. proceedings.
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Incumbent must be able to effectively communicate, in both oral and written form, scientific and technical facts in a fashion understandable to others, in reports of investigation and in legal or administrative proceedings.
Must be able to maintain composure and function effectively under stress.
Incumbent must also have' knowledge and/or skill in the following areas:
(a) the use and development of sources of information, i.e., informants, intervenors or allegers and methods of obtaining required facts and evidence; (b) searching for physical or documentary evidence or clues; (c) using evidence to substantiate findings or conclusions; (d) examining records to detect links in a chain of evidence and/or information; (e) using cameras, tape recorders and photostatic machines to record evidence and documents; (f) observing situations and maintaining surveillances; (g) preparing reports of investigations; (h) using modern detection devices and laboratory services; (i) advances in investigative technology and procedures; (j) detecting discrepancies in information and in distinquishing between relevant and irrelevant information or evidence; (k) recognizing, exploring and-exploiting leads and collecting, preserving and presenting physical evidence; (1) developing and maintaining regular liaison with senior officials of federal, state and local law enforcement and investigative agencies; (m) interviewing or interrogating allegers, witnesses, suspects or i informants and taking written statements.
CONTACT Continuous contact with immediate supervisor and/or the Executive Officer for Operations Support, other senior IE managers and principal members of the NRC staff for the purpose of reporting the status of investigative activity and e
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the coordinating tions of IE and other NRC office staff efforts concerning investiga-underway. Occasional contact with the Director, IE, to discuss matters of NRC policy, receive policy guidance and to keep the Director informed on major program matters and significant investigations.
Frequent contact with middle and top management personnel of other NRC organiza-tions; also with management and operational level personnel of federal, state and local law enforcement agencies on investigative and policy matters of mutual interest and to maintain a proficiency and understanding of latest developments in his area of sp' e cialty.
Frequent contact with allegers, witnesses, intervenors, and informants, some of whom may have cross purposes with the incumbent and which may require the highest degree of professional skill in order to obtain complete and accurate information.
Occasional contacts with top management representatives of licensee organiza-tions during the course of investigations and on matters related to alleged violations of NRC rules and regulations and/or federal laws.
Continuous contact with Regional Branch Chiefs on matters pertaining to ongoing investigations and on practices and problems concerned with the IE program.
Occasional contacts with consultants and specialists who provide technical assistance and expertise in the conduct of investigations into theft, fraud, accidents, incidents or any unusual circumstances involving nuclear materials or facilities which could adversely affect the public health and safety.
Continuous contact with the Office of Inspector and Auditor (OIA) to ensure appropriate and timely coordination of those investigations in which potential criminal violations appear to exist or have occurred and on other matters of mutual interest.
RESPONSIBILITY FOR DECISIONS Supervision. Received:
Senior Investigationh Specialist, GS-15 General Supervision "A" Guides are the Atomic Energy Act of 1954, as amended, the Energy Reorganiza-tion Act of 1974, as amended, the' Administrative Procedures Act, the National Environmental Policy Act, relevant sections of Title 18, U.S. Code, other statutes, and NRC rules, regulations and policies.
Incumbent performs assigned responsibilities independently with general guidance provided on policy matters by the Executive Officer for Operations Support and/or immediate supervisor.
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l Independent Action:
Resolves day-to-day problems concerning routine and non-routine aspects of investigation program coordination with Regional Offices.
Makes on-the-spot commitments on matters in his area of speciality in i the absence of specific programmatic guidance and within the frame-work of IE and NRC policy, to ensure rapid resolution of difficult and complex matters related to investigations. l l
Conducts investigations and analyses in accordance with accepted !
professional standards and IE and NRC policies and procedures.
Reviews and endorses his portion of investigation and analyzes reports for completeness, accuracy and technical adequacy, and recommends appropriate action. l l
Represents the Office of Inspection and Enforcement in discussions with licensees regarding actions resulting from investigations and in i coordination of investigative efforts with OIA and other federal, !
state or local law enforcement or investigative agencies. l l
Recommenda: ;
Enforcement actions based on investigative activities.
Referral of cases to another agency when results indicate investigation and/or action outside NRC purview.
SUPERVISION EXERCISED None ,
WORKING CONDITIONS Normal off. ice conditions for 85% of duties. About 15% of working time is spent in the field at construction sites and operating plants with exposure to
. construction, industrial and radiation hazards such as those experienced by construction and radiation inspectors.
EFFORT l
Field work may require extensive walking, standing, climbing, exposure to inclement weather and long and unusual hours.
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