ML20205N714
| ML20205N714 | |
| Person / Time | |
|---|---|
| Issue date: | 11/08/1983 |
| From: | Dickerson S NRC OFFICE OF PERSONNEL (OP) |
| To: | Hayes B NRC OFFICE OF INVESTIGATIONS (OI) |
| Shared Package | |
| ML20205N689 | List: |
| References | |
| FOIA-98-361 NUDOCS 9904190091 | |
| Download: ML20205N714 (17) | |
Text
I UNITED STATES
/
NUCLEAR REGULATORY COMMISSION U.S. HRC j/ i [p f e
WASHINGTON, D. C. 20555 g
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NOV 0 81983 Jici U ltWESimlicHS /D l t!EA00tlAR R" M
l} # jgt MEMORANDUM FOR: Ben B. Hayes, Director f
Office of Investigations
/
qg THRU:
Michael S. Callahan ie gh Staffing Section e
FROM:
Susan R. Dickerson Personnel Management Specialist
/ #/(/O d
Staffing Section yg,
W
SUBJECT:
SPECIAL PROVISIONS FOR RETIREMENT OF LAW ENFORCEMENT OFFICERS This memorandum serves to clarify several questions which ware raised during our meeting on October 20, 1983, with regard to the status of the Agency's investigators in the 1811 series.
One question is whether the Office of Personnel Management (OPM) concurs with the Agency that our positions are covered as law enforcement officers.
Based
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on my conversation with Eileen Kirwan of the Special Inquiries Branch, OPM, the Agency's investigators have been certified by OPM and are, therefore, subject to the mandatory separation provisions for law enforcement officers and firefighters, as well as the 7M Civil Service Retirement deductions.
According to FPM Supplement 831-1, Subchapter 8,(2), (See Attached), a law enforcement officer must be separated from the service when the following conditions are met: a) he/she has attained age 55, and, b) he/she has completed 20 years of creditable service as a law enforcement officer or firefightsr, Conversely, if an individual has not completed these requirements, he/she may remain in the Federal employment until the requirements are met.
As you know, will reach age 55 by April 1984. He has approximately two years in 1 ser s which means he would have. to be retained in that series for another 18 years before he would meet the age and service requirments for law enforcement officers.
However, he will be eligible to retire on an reassigning j
optional retirement in April 1984; in this case you might consideg' extra M him into another series so he does not continue to contribute the There are no provisions which allow 1) towards the civil service retirenent.
for a refund of the extra d (See Attached).
a
'h You mentioned a concern for as well. He will be age 55 in E,%
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.W May 1984, but does not meet serv ce requirements for law enforcement 9
officers. He will, however, reach the service requirement in May 1993 and j
can retire under the 1811 series, or he can retire on an optional retirement s
(age 60 with 20 yehrs service) in May 1989.
If he chooses to retire on an optional retirement, again, there are no provisions that allow for a
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9904190091 99041S PDR FOIA FOSTER 98-361 PDR
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3 Ben B. Hayes refund of the extra Is% he has contributed towards his civil service retirement.
If he chooses to retire on an optional retirement, he is still eligible,for reemployment as a supervisory criminal ' investigator.
In light of these two cases, you may want to consider hiring only those individuals who will meet the retirement-provision for law enforcement officers which is mandatory separation at age 55 with 20 years,of service.
I believe this covers the concerns you raised.
If'I can be of further assistance, please contact me on X28266.
'M Susan R. Dickerson Personnel Management Specialist Staffing Section Attachments: -~
- 1) FPM 831-1 Subchapter 8
- 2) FPM 831-1 Subchapter 16 l
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29 Subchapter S8: Age Retirement 1
S8-1. MANDATORY SEPARATION Employees not exempted from mandatory separa-
- a. Requirements. (1) An employee of The Alaska tion, must be separated for age retirement or the last Railmad in Alaska, or a citizen employee of the Pan.
dcy of the month in which the minimum conditions ama Canal Company or the Canal Zone Govemment listed in a. above, are met. The person may not be on the Isthmus of Panama, must be separated from retained in service beyond this separation date for the the service, and is entitled to an immediate annuity Purpose of granting sick leave.
on account of age retirement, when all the following S8-2. SIXTY DAY NOTICE minimum conditions are met:
Th agency must notify the employee at least 60 (a) He or she has attained age 62.
(b) He or she has completed 15 years of creditable days in advance of the effective date of mandatory service on the Isthmus of Panama or in Alaska, separation. While the law does not specify the forms f n tice, a wrinen nonce is recommendei h no or a total of 15 years in both places, including five years of civilian service.
tice, whether written or otherwise, must actually reach (c) He or she has been employed under the retire-the employee at Icast 60 days before separation date
- ' I * * * * *
"Y " 9 '*9*'***
ment system for at least one year within the 2-year period immediately preceding separation.
agency should fail, through error, to give timely no-(2) Effective January 1,1978, a law enforcement cann,6e empoyce may w W separated without c nsent until the end of the month m which the 60-officer or firefighter (see section S9-3) must be sep-arated from the service, and is entitled to an immediate day notice requirement has been met. In this case, the date the notice was given must be recorded m the annuity on account of age retirement, when all the Remarks column on Standard Form 2806.
following minimum conditions are met:
(a) He or she has attained age 55.
S8-3. EXEMPTION FROM MANDATORY (b) He or she has completed 20 years of creditable SEPARATION service as a law enforcement officer or The President is authorized to waive this separation firefighter.
requirement in any particular case when, in his judg-(c) He or she has been employed under the retire-ment, the public interest requires the retention of an ment system for at least one year within the employee in the service. The President has delegated 2-year period immediately preceding separation.
this authority to OPM for employees other +-ri Pres-(3) Effective May 16,1972, an air traffic contmlier idential appointees. The agency's reem._ndation must be separated from the service on the last day of for exemption triust be forwarded to OPM at least 30 the month in which he or she becomes 56 years of days in advance of the mandatory separation date.
age.'
Section 831.503 of title 5, Code of Federal Regula,
- b. Date of separation. Agency heads are author-tions (see appendix G) governs submission of these ized to except law enforcement officers and firefigh-cases to OPM.
ters (see a. (2), above), from mandatory separation until age 60 if in the public interest.
SS-4 VERIFICATION OF SERVICE No less than one year nor more than two years
' Public tJw 92-297, enacted May 16.1972. This accnon does not apply before an employee becomes subject to mandatory to a peme appmned u an er tufhe conroHer by the Department of T*
separation, the agency should send a letter to OPM portanon before May 16. 1972.
By law, the maaimum entrance age ror employment as an aar trafhe listing unverified service, if any, in other agencies.
contmlier is 30 years. Thus, no mandatory separations wiH be made before Where verification of the service IS necessary to de-1997. Therefore, no insoucbons on mandatory separanons for air trafne controHers will be presented in this chapter at this time.
termine whether the employee is required to be se >-
Inst. 31 FPM Supplement 8311 September 21,1981 e
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g,e 77 Subchapter S16: Refunds S16-1. LUMP-SUM CREDIT the Register of Separations and Transfers. Standard Form 2807. with which the record was transmitted.
- a. Eligibility for refund. Regardless of length of if the record has not been forwarded, it is submitted service, an employee who is separated, or transferred to OPM with the application, as provided in sub-to a position in which he or she is not under the chapter 522.
retirement system, may receive a refund of lump-sum credit provided.
S16-2. ADVANTAGES OF LEAVING LUMP-(1) The separation or transfer occurs and applica' SUM CREDIT IN THE FUND tion for refund is filed with the Office of Permnnel Any employee who is separated from the serdce Management at least 31 days before the commencing may leave his or her lump-sum credit in the Fund.
date of any annuity for which he or she may be cli-thus avoiding the necessity of a redeposit to receive gible, and credit for the senice if he or she retums to Gosem-(2) He or she is not currently employed in a position ment employment. There is no advantage in doing so subject to Civil Service Retirement deductions, or will I "" #*ployee who has less than five years of cred-not be so employed within 31 days from the date of
."'ble civihan senice if the person does not contem-sta the separation on which the claim for refund is based.
P ate retuming to the Government service. If how-l The receipt of the lump-sum credit voids all annuitv ever, an employee has title to a deferred annuity at rights unless and until the person is later reemploved aFe 62, the value of the deferred annuity in most cases in a position subject to the retirement system. ' The will exceed the amount of the lump-sum credit, and
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service covered by the refund cannot be credited for upon attaining age 62 and filing claim for retirement annuity. a survisor annuity may be elected. Leaving annuity computation purposes unless redeposit is made.
the lump-sum credit in the Fund does not preclude a j
An emplovee who does not aualify for the soecial refund at a later date. provided application is filed computation prnvided for cenain law enforcement with the Office of Personnel Management at least 31
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officers and firefiebters but who has had 7% percent days before the commencing date of annuity. If the retiregt deduction <: taken white servine in one of former employee dies before attaining age 62. the
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tTie epositions is not elirible to receive a refund of lump-sum Credit is payable as a death benefit. The j
T L thicili;t.pne half nercent uDon retirement.
Publication. Retirement Benefits When You Leave E Procedure. A separated employee desiring a Government Ear /v (SF 2802-A), which contains com-refund of lump-sum credit should file an Apphcation pkm inf nnation on this subject, should be furnished i
for Refund of Retirement Deductions. Standard Form. to all employees who leave Federal Service but are 2802. with the last employing agency or, if he or she not eligible to retire.
has been separated more than 30 days, with the Office of Personnel Management. If the application is filed S16-3. REFUND COVERING SERVICE with the agency, and tne agency has already sent the WHICH DOES NOT MEET THE ONE OUT-i employee's Individual Retirement Record. Standard OF-TWO-YEARS HEQUIREMENT Form 2m6. to OPM the application is promptly for-has completed less than one year of cm.'#d employee" " '#P '"
warded with a notation about the date and number of tem within the 2-year period immediately preceding his or her last separation. the separation and service l
. t.nea.,e.nh.ppi. nom ine on ep,. nom.....n,, Apris t i.
im.
.mes.pr m,.
med nhin one,en.nce sep,,
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- do not (except in disability retirement cases) accord a
dn.Ilo=cJ wirh he.suw an.ppinam euheru ne elphic few dn hdu3 w.
any title to annuity. and the person may receive a urernem h.s n enca. res..a nt bn her,ci,emem acauo.m Inst. 31 September 21,1981 FPM Suppicment 831 1
?JN06/04 09 : '"2 NRC-iJOODt10NT NO.002 002 ~
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Dear Mr. Arrington:
Thank you for your letter of February 15, 1984, confirming coverage under 5 USC 8336(c) for most of cur investigator positions in the Office of Inspector and Auditor (OIA).
As you know, we also requested coverage for our investigator positions in the Office of Investigations. We understand that before you can decide to grant such coverage to 01, you will need answers to the following questions.
1.
"We understand your agency's need to hire experienced criminal investigators in the IE at the time it was established.
Do you plan to hire new criminal investigators at entry-level grades (GS-5) when the senior investigators leave NRC?
If you do, wh" didn't you submit position descriptions for those positions as well?"
Th. Office of Investigations does not plan to hire new investigators at ^.he entry-level gradas when senior investigators leave NRC.
Based on caseload.and strict hiring limits placed on 01, we plan to fffr's only experienced investigators.
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Ek16'84 M:33 NRC-WOODrO U-HO.002 003 * " ~ ~ ~ ~ ~ '
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t 2.
" Sees of the position descriptions for the jobs for which you have requested primary coverage indicate that the incumbents devote 40*
to 50 per ent of-their time to investigations. Please clarify how you arrived at this figure.
In doins so please provide us with a.
breakdown of all types of investigations, performed by your investi-J gators (criminal and non-criminal) and a comparison of the time (by i
percentage) devoted to each type of investigations."
We believe you found the 40 to 50 percent figures in the " Working Conditions" of the position descriptions.
It is misleading.
All the incumbentsh time is spent on investigations; however, 40 to 50 percent of their time is spent i f i e l d.1.. ;.. ^. 6 ^. %..;. The rest of their time is spent on preparing testimony, attending meetings, wAmwc. / eat 77, etc., duties that'can be done in the office.
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3.
"In reviewing the position Senior Investigator (Task Leader),
00-1811-14, we hold the opinion that it may be more suitably placed in the secondary / supervisory category.
Please review the regulations and tell us if _you agree with our preliminary i
opinion."
i While we agree that the position has some supervisory aspects,
= 5:!'r"? the essential purpose and primary responsibilities of the position are to conduct investigations.
4.
"You have also requested general coverage in the primary category for the positions Investigator, GG-1811-12 and Investigator, Field Operations, GG-1811-13. We think that the duties of these positions 1
more appropriately meet the requirements for the secondary /adminis-trative category.
Please review these position descriptions as well."
After reviewing these position descriptions, we believe the GG-12 and GG-13 level investigators in t" field should be under prim *ary coverage.
The 00-12 and GG-13 low
.nvestigators in Henoquarters l
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are more appropriate in the secondary / administrative category.
(At one time, we had practicing investigators in Headquarters, currently we do not.)
In addition, we have attached an organization chart for the office of f
Investigations and its predecessor, the Office of Inspection and Enforce-ment (IE) as you requested.
We believe this answers the questions you raised.
If you need additional information, please call Susan Dickerson of my staff on 492-9500.
Sincerely,
)
1 Paul E. Bird. Director Division of Organization & Personnel Office of Administration
Attachment:
As stated i
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DEC 2 01985 o
y"<' w"n Ms. Nancy Wolf Disability claims Specialist Office of Personnel Management
.. E 2; f." "3 2 7 1900 E Street, N.W.
Washington, D.C.
20415
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Dear Ms. Wolf:
RE:
CCN: EK: cat Enclosed are three position descriptions:
- 1) Assistant to the Director, Office of Investigations (01), GG-1811-15; 2) Director, OI Field Office, GG-1811-15; and 3) Investigator, GG-1811-12, Office of Inspector and Auditor (OIA).
The first position was approved by OPM for general coverage under 6(c) retirement on May 17, 1984. When the position was submitted, however, it was titled Policy & Special Projects Assistant (Senior Investigator)
GG-1811-15. There has been no change in the duties and responsibilities.
We ask only that you annotate your records to reflect the current title which is:
Assistant to the Director, OI.
Positions two and three have not been submitted to OPM at the GG-15 and.
GG-12 grade levels; therefore, we request that you review these positions and confirm general coverage under the 6(c) provision.
Both positions require law enforcement experience as a basic qualification.
It should also be noted that both the Director, 01 Field Office, and the Investigator, OIA, were appro*.ed by OPM on May 17, 1984, for 6(c) coverage at grades 14 and 13 respectively.
If you need additional information or have any questions pertaining to this matter please call Kenneth Raynor on 492-9500.
1 Sincerely, nri_.tr.a1 signeg gy BATE BTJtTSON Nate Bentson, Acting Director Division of Organization and Personnel Office of Administration
Enclosures:
As Stated Distribution:
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Assistant to the Director - GG-1811-15 Office of Investigations I
FUNCT10f!AL STATEMENT As a senior member of the staff of the Director, 01, incumbent serves as senior 01 expert in all phases of investigative activity.
As an expert in criminal and,:"C investigations, identifies the need for, and promulgates operating policy and guidance for an investigative program of national scope and signifi-Engages in program planning and conducts ' spec-ial projects-for the cance.
Office.
REGULAR DUTIES Serves as primary contact for 01 Headquarters and Field Offices in matters-concerning investigative policies.
Participates with other Office prinicipal management officials in determining the requirements for and subsequently develops, coordinates and promulgates:
a
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(a) Agency policy and procedures for NRC inquiries or investigations relating to the activities of, or allegations or indications of wrongdoing on the part of, individuals or organizations other than NRC employees or contractors, within the scope of NRC authority; (c)
Program evaluations, including standards development, information acquisition, analysis and reporting, audit of field office activities and records, and assessment of the impact of Office activities on other NRC and external programs; (c)
Conduct of special projects or investigations to provide the Director, or the Deputy Director. 01 with information relating to the mission of 01.
Travels 'to 01 Field Offices and NRC Regional Offices to develop and maiptain effective headquarters / field liaison on matters of investigative policy.
Fro [ ides oral and/or written replies for signature of the Directer, 01 cr other senior I;PC staff to inquiries from other government agencies, members of 2ngress, Congressional Committees and members cf the putiit rqargi,r3 tre NRC nvestigative pregram.
EASIC SKILLS Requires thorough knowledge of investigative techniques as well as of the laws of evidence and the rules of criminal procedure.
Crininal investigative experience is required because the incumbent must be alert to areas of potential crimi,na,lipy in the review of investigations performed by 01 personnel.
,-ro N i m 7.bility t'o perceive policy and procedural deficiencies or problems in investi-gative methods, techniques, procedures and standards; thorough knowledge of the investigative field so as to accomplish exceptionally difficult staff work which contributes directly to the advancement of the ';RC's mission.
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Assistent to the Director Office of Investigations Detailed knowledge of NRC organization, functions, and relationships to assure practical and effective advancement of Office activities.
Thorough knowledge of NRC responsibilities, objectivies, and operations and a high degree of ability to translate such knowledge into clear and effective policies and procedures for initiating, conducting, and completing inquiries and investigations into matters.of NRC concern for the public health and safety, the common defense and security, environmental standards, and the anti-trust laws.
Thorough knowledge of and skill in applying Agency procedures for the develop-ment of policy and doctrine, and clear understanding of investigative policy requirements to permit policy development activities of the Office.
Highly-developed analytical capa'bility to permit expert-level acquiring,
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analyzing, projecting and reporting information on Office program performance.
High degree of effectiveness in written and verbal comunication, sufficient to f
inform, persuade, and serve the Comission; to represent it in dealing with j
Congressional staff and industry executives interested in specific investigations and the i;RC investigative program; and to assure effective presentation of Office statistics and reports and necessary follow-on activity.
Thorough understanding of specific NRC authorities, policies, and procedures reisting to Agency investigations to permit a high degree of effectiveness in developing and recommending changes, additions or modifications to such policies and procecures as a principal management official of the Office.
Ercad understanding of prinicpal NRC responsibilities, euthorities, and programs sufficier.t to inform staff members concerning policy development, program development and evaluation implications of Commission decisions, Congrqssional i
actions, industry trends, and investigative findings.
Muskteabletonaintaincomposureandfunctioneffectivelyunderstress.
CCNTACT v.
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lcntinuous contact with the Director and Deputy Director. 01 for the purpose of coordinating and developing 0! policy.
j Frequent contacts with Commission staff a.,d I;RC top management personnel to develop procedures for initiating inquiries or investigations of HRC licensees or permittees, and their contractors or vendors; report progress of investigations underway; to control and distribute information concerning investigations; and i
to identify the resources necessary to carry cut an effective program.
Occasional contact with the Commission and individual Ccamissioners to inform the, of the progress of Office programs and to assist other Office principal management officials in obtaining approval for or guicance in undertaking sensitive activities.
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Assistant to.the Director Office of Investigations Occassional contact with high and mid-level nanagement officials of other agencies and educational institutions to obtain or exchange information on program developemnt and evaluation techniques and practices.
RESPONSIBILITY FOR DECISIONS Supervision Received Reports directly to the Director 01.
(GG-1811/SES)
Performs independently with only general guidance provided on policy matters.
Normally, opinions and recommendations are accepted with little or no review; however, in matters known to be of particularly concern or interest to 01, incumbent's recommendations are subject to review by the Director or the Deputy Director, 01.
General Direction "A" Guidelines are the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, the Administrative Procedures Act, relevant sections of Title 18, U.S. Code, other statutes, and NRC rules, regulations and policies, as well as Commission decisions, the Management Directives System and professional program evaluation standards.
Irdecendent Action, Reccmmends or endorses to the Director, Office of Investigations:
(a ) New investigative policies and procedures or modifications to existing one's to improve the quality of NRC investigations;-
(t }, Long-range prcc ram goals; (c)
Format and distribution of Office information and reports; Replies to. inquiries and correspondence from members of Congfis's, other
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Federal organi:ations, and members of the public.
SUPERVISION None 1.'ORKINGCONDITIONS
- Approximately 90 percent of the time is spent in normal office conditions, with the balance being spent in the field.
During conduct of special investigations, there may be exposure to the usual plant hazards, exposure to inclement weather, and the need to use protective clothing and equipment.
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Assistant'to the tirector Office of Investigations EFFORT No rmal.
Work requires a high degree of concerntration.
Frequently under.
pressure of top priority work.
Field work may require irregular work hours, extensive standing, walking, and climbing; also, moderate physical effort in tnveling to perform assigned investigations.
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DIRECTOR, 01 FIEl.D OFFl'CE, 6GIf5 D -106 -
Office'of Investigations Field Office I, II, _III, IV, or V
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FUNCT10NAL STATEMENT
~~~ 1s T princTpel management official of the70ffice of-Investigations, manages.
and directs the work of a professional investigative staff in the Field Office.
Serves as supervisory investigator and senior expert'in all phases of investigative activity. Monitors, coordinates. and _ evaluates of fice investiga-tive' operations; identifies the need for and develops. operating guidance for Tnese activities require an intimate faniliarity tne investigative program.
with all phases of agency operations as well as the highest degree Cf profes-sional competence and skill in the investigative field.
Monitors and reviews all investigations within the Field Office to assure conformity with NRC'and.
Maintains sensitiv-
- 0) policy and maintenance of high professional standards.
ity to those investigations-involving potential criminality so as to ensure-timely coordination or referral to the Department of Justice..Pesition occasionally requires exceptionally.close and confidential relationship with the Region 61 Administrator due to sensitivity of subject matter.
REGULAR DUTIES Under the authority of Section 161c of the Atomic Energy Act of 1954, as amended (the Act), supervises, plans and directs the ectivities of-the Field-Office in the conduct of. investigations concerning alleged or suspected violations of NRC regulations and/or Federal laws which occur at or are related to NFC licenseo f acilities and activities.
These include the Act,- the Erergy Reorgar.iration Act of 1974, as amended, the National Environmental Policy Act, the Administrative Procedures Act and the relevant sections of Incumbent is authorized to administer oaths and-affirma-Title 18, U.S. Code.
tions, serve subpoenas and perform such functions as provided in Section 161k The investigations performed are frequently sensitive in nature of the Act.
and 2nay stem frce. outside allegations, from NRC inspections or frorr NRC n
initiated inquiries into accidents, incidents, theft, fraud or any unusual circumstances involving nuclear materials or facilities which could adversely Matters being investigated are generally af.fect the public nealth and safety.
- cntroversial ard trey be of great interest to employees, the general public, 3;e:iai ir. teres t grouci, ner.Ders of Congres s arc tr.e ree:ia.
Incunoent has ivil respensibility ano authority for representin?'the NRC _in all investigations of activities conducted by licensees or pent.it holders anc.
may be c611eo upon to represent the Office in court or other legal proceedings or before the Commission.
Director.of _the 01 field Office, incumbent provides leadership and
-As'the guidance to the investigative staff and supervises investigators (GG-IEll)'in acdition-to clerical ano support personnel.
Through the car,agenent and supervisior6 of this staff:
1 Directs, manages and controls the implementatior, of' the field office investigation program'
. Maintains status;of?investiga* ions:and inquiries perfccmec in ine L.
field office'and monitors the ! investigative efforts to er.sure i
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OlRECTOR, 01 FIELD 0FFICET G(f-15 Office of-Investigations
_ Advises Director / Deputy Director. 01 of significant investigations es they develop,' Makes recommendations which further the development of complex cases involving -NRC's mission to protect the public he'alth and safety.
Recognizes the need for prompt reporting of critical information to the Regional Administrator and other senior NRC. managers and staff' and to outside ager,cies having competence or jurisdiction in a giyen Coordinates investigations with federal, stete and local law-
- area, enforcement agencies as the situation dictates.
Reviews, evaluates and approves investigative reports from subordi--
nates and recommends a course of action, such as further investiga-tive activity cr criminal review by the Department of' Justice.
Acts as focal point for ongoing investigations and coordinates field input with appropriate staff groups in Headquarters and with other NRC organizational entities as appropriate.
In his area of expertise, acts as the senior specialist and consul-tant to the Regional Administrator; provides training', advice and assistance in investigative matters to Regional personnel who may_be called upon to assist or participate in investigations; through training and consultation, creates awareness on the cart of inspe:-
tcrs of potent el criminal violations whicn may be oDserved during i
routine or special inspections.
Presents the results of investigations to the 01 Headquarters, to the Regional Administrator, senior NRC managers, to other offices ir, the NRC and to the ACRS, ASLE, the Commission and others as-appro-priate; testifies in Court or before Hearing Examiners when re-quested.
Icer.:ifies areas where adrinistrative and investigative g$icence is 0:, ac.ior.
netes s ary anc recorrer.cs to tne Director /De:ctj Direc.or,provices guicar:e r.e:essary tc ceveic:. su:t gu car.:e.
Rcc ir.e:,5 M s Fielo staff to insure prompt and effective handling cf complex
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investigative activity.
Prcvides oral and/or written replies for signature to the Office Director / Deputy Director or senior NRC staff to inquiries-from other government agencies, members _of Congress, Congressional Comittees and members of the public regarding NRC investigations.
Appraises performance of Field Office staff.
Staffs and selects investigative and clericel personnel for the field Office.
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DIRECTOR, 0] FIELD Off!CE, GG-15 Office of Investigations BASIC SKILLS:
Requires thorough knowledge of investigative techniques as well as of the laws-of evidence 'and the rules of criminal procedure.
Should be aware of precedent
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court decisions concerning admissibility of-evidence, constitutional rights and related issues.
Must be able to recognize, develop and present evidence thet reconstructs events, sequences. and time elements and established relat-ionships, responsibilities, legal liabilities. -conflict of-interest, etc., in -
c 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 undergraduate program leading' to a baccalaureate degree at an accredited college or university supplemented by at least 10 years of progressively responsible criminal investigative experience gained through full time employment as a criminal investigator in a feceral, state or local law enforcement or investigative agency.
Must demonstrate aptitude and poten-tial for management and supervision.
Criminal investigative experience is of particular value because the incumbent must be alert to areas of potential criminality in the review of investigations perfonned by the field investi-
- ators.
Specific skills include, but are not limited to:
Thorough knowledge of supervisory and management principles anc techricues, and demonstrated still in applyirc toe:r, sufficiert ic assure effective supervision, cirection, and retivation of prcies-sional ano clerical staff members, and assure that their efforts achieve'the required end results.
General knowledge and awareness of what constitutes crimes or violations as cefined in pertinent statutes such as the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1975, as amended, the National Environmental Policy Act, and.the relevant sections of Title 18, U.S. Code.
Deta'tet f acilia rity witn the a::recciate sta. es, re;;,,13-ion: ard iice-se con: niens bearing on in.estigations.
Thoroven kr.owledge of the kind of evidence and elements f' proof associated with a particular crime or violation.
Detailed knowledge of the methocologies:used te prepare, preserve and. document evidence so as to prevent its destruction, suppression or being rendered unusable.
General knowledge of decisions anc precedent cases. involving the ednissibility-of evidence, constitutional rignis, search and sei-zure, etc.
General knowledge of the relaticnsr.i:s' ancrg ine_ crir.inal and civil investigative jurisdictions of variousifederai. state anc local agencies.
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DIRECTOR.01 ' FIELD Of f 1CE, GG'-15 Dffice of Investigations Ability to recognize, develop and present evidence that reconstructs events, sequences, and time elements', and establishes relationships, responsibilities, legal liabilities, conflicts of interest, etc., in a manner.th.at meets the requirements for presentation in various legal / administrative hearings and court proceedingsT-"
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General knowledge of the scientific and technical applications of radioactive materials as they relate to the regulatory pr'ocess.
Broad understanding of. the principles, practices and aoplications of nuclear engineering, the physical sciences and biology sufficient to conduct investigations into. incidents, accidents, allegations and unusual circumstances, including those involving the loss,_ theft or diversion of special nuclear materials.
This includes a' familiarity with the fundamentals of reactor construction and operation as well as with the associated terminology.
Ability to perceiv'e policy and procedural deficiencies or problems in investigative methods, techniques, procedures and standards; thorough knowledge of the investigative field 50 as to accomplish exceptionally difficult staff work which contributes directly to the advancement of the NRC's mission.
Must be able to cont.unicate effectively, in both oral anc written forr, scientific end technical f acts in a f ashion easily understand-able to others ir, reports of investigation and ir, legal or actinis-trative proceecir.gs.
Must be able to maintain composure and function effectively under stress.
incuatent must also have knowledge and/or skill in the following areas:
(a) the use and development of sources of information (informants) and methods of obtair.ing required f acts and evidence; sear:r.ing for pnysical or oc:vmentary evice.:e or leacs; (c) using evicence to substar.tiate findings or conclusions; (d) examining records to detect links in a chain of evidence and/or i r.f orma t i on; (e) observing situations and maintaining s_u.rveillances; (f); preparing reports _ of investigation; (g) advances in. investigative tecnr.clogy and procedures; (n) detecting discre;cr.cies in inforr.atior. ar.c ir. distir.guishing betweer-relevant and irrelevant infcreation or esicer.ce; 1
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plRECTOR, Ol' FIELD OfflCE, GG'15 Office of Investigations (i) recognizing, exploring and exploiting leads and collecting. and -
presentirtg; physical evidence; (j) developing and maintaining regular liaison witn senior officials 'of federal, state and local law enforcement and investigative agencies; (k) irterviewing or interrogating witnesses, suspects andiinformants and taking sworn statements.
Finally, the incumbent must have had broad and diversified experience in-handling complete, legally sound technical investigations, preparing and documenting investigative findings to support enforcement or legal proceedings ar.d developing sound recommendations in areas in which little or no' legal precedent has been established.
CONTACTS:
Continucus contact with the Deputy Director, 01 for the purpose of reporting the status of investigative activity and tc discuss matters of NRC policy, receive general guidance.and~to brief the Deputy Director on major progrem matters and significant investiga-tions.
Frequent contact with the Director, OI anc with the Comission' to brie: therr on matters under investigation.
Continuous contact with the Regional Administrator to share investi-gative findings, to make recommendations, to obtain and provide I
assistance regarding matters under investigation, and to discuss practices and problems related to the NRC investigative program.
Frecuent contact with senior management personnel of other NRC organizations and with senior management personnel of federal, state and local law er.forcemer.: agencies to cttair, arc crovide irdormst or.
d ar.c assistance regarGing matttrs uncer i r s e s
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.EEFONSIBILITY FOR DECISIONS:
Suoervision Received:
Reports directly to.the Director of 01 (5ES)
General Supervision *A*:
1 Gd oss'are the Atomic Energy Act of'195a, as amended, the Energy Reorganization-A:t of 197a, as amended, the Administrative Frocedures _ Act, relevant -sections cf Title-38, U.S. Code, otherLstatutes, and NRC anc O! rules, regulations and_'
.r;iicies.
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.s DIRECTOR, ~01 FIELD OrrICE,. GG-15 Office of Investigations-Decisions Made Independently:
. _(_a)... Resolves day-to-day problems.concerning'ation with the routine and nonroutine aspects of investigative program coordin Offices.
( t-) Makes on-the-spot technical and administrative decisions, within delegated authority, while supervising investigations, including.
expanding the direction ano scope of the. investigation.
(c)
Determines, within delegated authority, what information with '.
respect to investigations can be released of officials of federal, state or local agencies'.
(d)
Incumbent makes decisions which generally commit the NRC in the field encompassed by the position; these decisions are limited only by agency policy, programs or regulations.
Acts independently with general guidance provided on policy matters by the Deputy Director, 01.
Independent Action:
A.e'v:es the developed information, complaint or allegatior, to idertify the
- isves involved _anc the types of evidence or information needed; determines the scope, timing and direction of investigations.
Provides sound, logical and thoroughly documented findings and recommendations.
to NEC officials.
Recommends:
(a)
Appreoriate action to deal with the allegation, incident or accident being investigated.
Based on experience and review of esidence, e> pedi:iously aleru NRC senice car.agement.c tr.cse in.es:;gc tions ir, wr.icn pcter.ti61 crimir.ai viciaticr.s appear te existneve ecturred, or.if sutstantial evidence exists of concitions which mWJ ' impact on public health and safety.
(b)
New or~ revised procedures, guides and technioues for the development of information, the' handling of allegers or informants and the conduct'of investigators.
'c)- Concurrence or nonconcurrence on: investigative reports; correspon-dence with public officials, members of Congress;_public announce,
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cents and. ether matters relating to investigetior.
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Office of :Investigatiens SUPERVISION EXERCISED:
Exercises direct supervisory' control over a. professional staff of three or
- more subordinate investigators..of clerical-and -support personnel. and inves-tigative interns who'may be. assigned to the Field Office.
Responsible for-organizing, directing and coordinating the work of subordinates, including-oversight of the quality and quantity ~of work produced.
Direct', the activ-stles of inspection-and technical personnel who may be ' assigned __ in support of '
a given investigatior..
Responsible,: as part-of supervisory duties, for
. e.ammending, endorsing or approving personnel actions, 'such as _ preootions~,
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discipline, placement, reassignment and employee evaluations.
WORT:: NG C9NDJT10t?S:
-tierr.al office conditions.
-EFFORT lic raal.
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Criminal Investijator, GG-12
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Office of Inspector and Auditor iN CTIONAL STATEMENT k rves as an investigator in the Office of Inspecter crd Auditor (0,IA) with responsibility under the direction of the Assistant Director for Investiga-tions, OIA, to perfonn such investigations and inspections as nay be required ic cssure the integrity of operations of the U.S. Nuclear Pegulatory Cemission (NRC).
PEGULAR DUTIES Personally conducts investigations of possible violations of criminal laws or regulations and other irregularities in the administration or Comission programs and activities.
Analyzes and surmarizes thr e investigations as they relate to the
,iurisdiction of NRC.
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Jes and documents these investigations in accordance with profession,i standards.
Assists, as required, in inspections of activities within the Comission es they relate to NRC activities.
ASIC SKILL 3
Broad demonstrated knowledge of Federal criminal laws and investigative technicues and procedurec in order to conduct professional investigations of violations of those lav or irregularities within the jurisdiction of NRC.
Experience in the collection, preparation, documentation, and preservation o#
physical and documentary evidence.
Ir-ronstrated ability to conouct investigations anc prepare in triting concise and accurate sumnaries anc reports of investigations in line wie g. cod investigative report writing technicues.
Der.onstrated knowledge of applicable administrative policies, practices and r.rccedures within the feceral Government and NRC.
Frewledge of the Atomic Energy Act of 1954, es arcoded, and the Energy Feorganization Act of 1974, sufficient to perfem investigations into violations as they relate to these Acte.
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l.hility to establish and maintein e'fective working relationship with NRC personnel, private industry, law enforcement personnel, Congressional personnel, GA0 and other personnel.
Craduation from a recognized full spectrum Federal law enforcenent training institute, or three years cf experience as a Federal criminal investigater.
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' CONTACTS Continuous contacts with all levels of Commission personnel in pursuing investigative, inspection or audit assignments.
Co:.tir.ucus contact with
.csticativa and audit perscorel of einer agencies fer 'he purpose of pursuing investigaticns and obtaining additicral infortna-
' ice as required.
('ccasional contact with GAO, private industry end Congressional personnel in cenraction with natters under investication by NRC.
P90!,EIPILITY FOR DECISIONS Supervision Received
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t Assistant Director for Investigations r-eneral Supervision "B" Guidelines are provided by the NRC Manual and investigative guides.
Irdependent Action Compiles investigative reports on criminal acts and irrecularities and submits them to the appropriate personnel, p
Conducts investigations and inspections relating to the integri y of t
operations of NRC.
Conducts other such investigations as may be required.
Recorrnends Action to be taken in iny, stigetions involving crininal acts c' violations of
'iRC regulations.
[Ei!SI0fl5 t'ADE It,'DEpENDEllTLY necomend rethnd and course to bc folicwed in pursuinc an irvestigation.
Suggests centacts to make and infomation to be cbtained in conjunction with a cpecific violetion.
EUPERVISIOM l.cne.
UDPKII;G CONDITIO!!S Will be required to travel approximately 30 percent of working time in line with investigations which could involve unusual and protracted hours, inclement weather and possible arduous and hazardous circumstances.
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