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| General Schedule Position Classification Standard | Classification Programs Division | |||
| Draft Job Family Standard for Administrative Work in the Investigation, Enforcement, Inspection, and Compliance Group, GS-1800 | ||||
| Release Date: December 2001 - DRAFT | Section Five of Thirty-One | |||
This series covers two-grade interval administrative positions
that supervise, lead, or perform work that involves planning,
conducting, and managing investigations that do not involve Federal
criminal violations. Investigators use the results of general
investigations to make or invoke administrative judgments,
sanctions, or penalties. Work primarily requires:
The basic title for this occupation is Investigator.
The investigative this occupation covers results in civil or
administrative actions, judgments, sanctions, or decisions.
Work in this series includes investigating:
Investigators do not normally investigate or conduct inquiries when the alleged impropriety is of a nature that, if substantiated, would likely constitute criminal misconduct. Many allegations of acts or omissions can theoretically be seen as criminal since they could be phrased as a violation of regulations or Federal ethics guidelines. When an investigation or inquiry does appear to be a criminal violation, it is usually referred to a criminal investigator, GS-1811.
BACKThis series covers two-grade interval administrative positions that supervise, lead, or perform work that involves:
The basic titles for positions in this series are:
Wage and Hour Investigator - For positions that include
investigating agricultural, commercial, construction, industrial, and
other business establishments, public institutions, and domestic
service in households for compliance with wage and hour and related laws.
Wage and Hour Specialist - For positions that include
developing policies, guidelines, and regulations regarding compliance
with wage and hour and related laws.
Wage and hour investigative work covers a wide variety of labor laws and regulations. Theses include minimum or prevailing wage rates, overtime pay requirements, child labor restrictions, exemption coverage, employment eligibility, and other employment issues in agricultural, commercial, construction, industrial, and other business establishments, public institutions, and domestic service in households.
The wage and hour investigator, acting on complaints or leads, visits employers and supervisors in State and local government entities and industrial, commercial, agricultural, construction, service, and other business establishments to determine whether the employer has violated applicable laws and regulations. The investigator:
When violations have been substantiated, in some circumstances an investigator may negotiate with the employer to take appropriate action to remedy the violation and to work toward conformity with the laws in the future, including paying any back wages or civil money penalties due.
When voluntary compliance with wage and labor laws cannot be negotiated, an investigator:
This series covers two-grade interval administrative positions that supervise, lead, or perform work that involves:
The basic title for this occupation is Equal Opportunity Investigator.
The primary function of the work is to investigate actual and alleged violations of equal opportunity and civil rights laws, orders, and regulations. These laws and regulations encompass a wide range of economic, social, and political activities including employment, housing, and education.
Positions in this series perform factfinding and analysis to:
The factfinding in equal employment, equal opportunity, and accessibility investigations usually requires the collection and analysis of large amounts of information. Complaints can either be from individuals or from a group in a class action complaint. Based on the issues and allegations, investigators must be able to discern the type of information needed to substantiate a violation. The evidence gathered is typically through interviews, payroll and personnel records, employment applications, and population/demographic statistics.
Investigators analyze management practices, organizational structures, employment patterns, line of progression, and pay equity. Typically, the policies and practices have been institutionalized through labor agreements, other contracts, or well-established practices. Policies affect the vital interest of the organization or organizations concerned.
Investigators first identify the issues and basis of a complaint and then prepare and file a charge. They assess the strengths and weakness of the case and advise the complainant. Investigators then begin gathering information and evidence.
BACKThis series covers two-grade interval administrative positions that supervise, lead, or perform work that involves planning, conducting, or managing investigations relating to alleged or suspected criminal violations of Federal laws. Work involves:
Work primarily requires knowledge of criminal investigative techniques, rules of criminal procedures, laws, and precedent court decisions concerning the admissibility of evidence, constitutional rights, search and seizure, and related issues in the conduct of investigations.
The basic title for this occupation is Criminal Investigator.
Criminal investigators conduct investigations of alleged or suspected criminal violations of Federal laws. The Federal statute or law that may have been violated does not determine whether a position should be classified in this series. It is the actual process and the knowledge and skills used to investigate crimes in violation of Federal laws determine the appropriate series of the position. You must base a GS-1811 series determination on the work of the individual criminal investigator.
Criminal investigators apply knowledge of:
Investigations are influenced by a number of legal and technological factors, including:
Financial crimes. Financial investigations involve money laundering or economic crimes related to organized crime, white-collar crime, currency violations, narcotics trafficking, or other criminal activity.
Smuggling. Criminal investigations can involve smuggling violations such as narcotics, weapons, child pornography, and other prohibited merchandise.
Strategic crimes. Criminal investigations of strategic crimes involve violations of arms export agreements, weapons of mass destruction (e.g., chemical, nuclear, and biological weapons, and their means of delivery), and money laundering in support of such activities. Strategic crimes also include violations of U.S. laws governing the export of conventional weapons and other controlled commodities. These investigations involve identifying procurement networks located within the U.S. solely for obtaining U.S. technology for export to sanctioned countries, or terrorist nations or organizations. The export of controlled commodities often involves transshipments and financial transactions through multiple countries to disguise the origin of the money and the organization. These investigations involve cooperation and coordination with international law enforcement agencies.
Environmental crimes. Another specialized aspect of criminal investigation that has evolved into a significant area of this work focuses on environmental crime. Criminal investigations in this field involve environmental contamination, the increasing international trade in protected resources, and the willful destruction or theft of natural resources including wildlife, plants, and artifacts. These investigations are conducted in a variety of environments including urban, rural, and highly remote wilderness areas. The criminal investigator must utilize the full range of investigative techniques while drawing upon specialized skills and knowledge related to natural resources and environmental hazards.
Protective duties. Protective duties include physical protection, site advances and preparation, intelligence gathering and evaluation, and security surveys. Advance work addresses basic movement, motorcades, logistics, contingency planning, and site survey. Criminal investigators assigned to a protective detail develop and analyze potential threats to determine the level of protection required. They base this analysis on information gathered through liaison with law enforcement agencies, interviews, and informants. Criminal investigators develop information on the protectee, including family members, to determine the potential threat and where vulnerabilities exist. Once the threat potential is determined, the method of protection may be:
Asset forfeiture enforcement. The enforcement of criminal and civil forfeiture statutes may be an integral part of a criminal investigation. Criminal investigators base forfeitures in a criminal investigation on the assertion that the assets are used to facilitate the illegal activity, or the assets are the result of proceeds from illegal activity. Asset forfeiture investigations include analyzing financial and other business records to trace the source of the assets that may be the proceeds of illegal activities. The investigations also involve other investigative techniques such as surveillance, interviews and debriefs, exploiting informants, and databases to establish a link between the criminal activity under investigation and the assets targeted for forfeiture. This requires continual evaluation of the equity and liability of the assets.
Multi-jurisdictional task forces. The nature of criminal investigations sometimes requires the involvement of a multi-jurisdictional task force to augment a case. A criminal investigator may function as the lead agent of the task force, coordinating the investigation. A criminal investigator may also represent his or her agency and serve as the lead agent for his or her agency. As part of the task force, a criminal investigator coordinates resources and ensures the representation of his or her agency's interests. Investigators from other agencies bring expertise and provide resources, support staff, tools and technology, and a greater leverage to prosecute multiple violations. Even when a criminal investigator serves on a task force, the investigation within his or her jurisdictional authority may be very complicated.
Danger. Danger is an inherent element in the nature of criminal investigations work. The criminal investigator must constantly be alert to hostile and unpredictable behavior on the part of suspects. Criminal investigators must build safeguards into all phases of their investigations. Dangerous assignments include undercover and surveillance activities, executing search and arrest warrants, subduing persons who become violent, and other activities that could result in gunfire or other types of attack resulting in injury or death.
Computer-based investigations. Some criminal investigations now require supplemental knowledge and skills to access information from computers and other high-tech devices or in obtaining digital evidence from computer systems, networks, telecommunications devices, and other emerging technologies. (See EXCLUSIONS.) Due to the Internet, the issues involved in a borderless environment require the criminal investigator to become involved in searches that often cross international borders; and become much more aware of international legal systems that are not apparent at the onset of the investigation and have international implications. Investigations of this type must be closely coordinated with foreign law enforcement entities.
Employees in many occupations, both in this job family and in other families and occupational groups, may use some of the same tools and techniques used in investigation work, including, but not limited to:
In many instances, the performance of investigative duties is referenced only as one aspect of the work of a position properly classified to another series and does not provide sufficient basis for series or grade determinations. However, there may be instances where the level of the investigation work performed may occupy enough of the employee's time to have a substantial impact on determining of the series of the position. This situation is evident in positions where the work involves or is characterized by:
In evaluating the investigative knowledge and skills needed to perform the duties and responsibilities assigned to a particular position, the series determination should be based on the following:
Of particular importance is the requirement for investigative knowledge and skill rather than the knowledge and skill required for inspection, compliance, enforcement, prevention, or deterrence. When the paramount requirement for a particular position is investigative knowledge and skill, classify the position to the appropriate series in the investigation work category.
Characteristics of the WorkOther factors to consider in determining whether a position should be classified as investigation work include:
The work of criminal investigators is also distinguished by:
Investigation work that is primarily focused on crimes committed on Federal property such as breaking and entering, larcenies, willful damage of government and private property, aggravated assault, and illegal possession of controlled substances is not covered by the Criminal Investigation Series, GS-1811. This work is more appropriately classified to the Police Series, GS-0083, and the appropriate title is Detective. Criminal investigators are not typically concerned with independent individuals or small, local groups of individuals committing crimes on Federal property. Rather, they focus on organized crime elements and other highly secretive and organized groups. Typically, these groups are very sophisticated, often very influential in the community, and often very intimidating, making it difficult to persuade witnesses to cooperate, and their crimes may involve matters such as international smuggling and drug trafficking.
Impact of Tools and TechniquesMany tools and techniques have been developed or modified to support investigation and other similar categories of work and take advantage of technological advancements. Investigators and non-investigators use the majority of these to gather factual and other information from a variety of sources more efficiently and quickly.
Information technology applications. For example, work that primarily involves using information technology to track financial transactions, access criminal backgrounds, gather data through multiple databases, and/or track electronic footprints to specific computers is not necessarily covered by this job family. The operation of computers by itself is not a series or grade-level determinant in this family. (See also IMPACT OF AUTOMATION.)
Polygraph exams. In a similar sense, operating a polygraph is not necessarily covered by a series in the investigation work category either. A polygraph is a tool that enables criminal investigators, administrative investigators, and others to conduct interviews and/or interrogations of witnesses, suspects, job applicants, and others to assess the accuracy and/or validity of statements in response to specific questions. In some situations, polygraph examiners may determine the suitability of using a polygraph based on their knowledge of the individual's history or case facts to develop test questions. Examiners administer polygraph exams, estimate validity and/or accuracy of responses, and provide test results to criminal investigators, administrative investigators, and others. The correct series determination for work that primarily involves the operation of these and other similar tools should be based on the primary duties of the position and the paramount knowledge necessary to perform them. Consequently, the operation of polygraphs in the above situations by itself is not a series or grade-level determinant for occupations in this family.
Undercover work. Positions in other series (e.g.; Police Series, GS-0083) may occasionally perform undercover duties overseen by criminal investigators. However, going into a retail store to observe or make a purchase is not considered significant or extensive undercover investigation work in this context. For employees in other series, this type of assignment, while it may occur several times over a career, tends to be of relatively short duration and is incidental or ancillary to the performance of the employee's regular inspection, compliance, or enforcement duties. In investigation work, on the other hand, undercover assignments are performed or overseen as a regular and recurring part of assigned duties within the conduct of an investigation. The undercover assignments generally are performed at locations other than the investigators' normal duty station so their identity and purposes are not known or readily exposed.
While the use of these tools and techniques is integrated into many positions, the work of the position should be evaluated on its primary responsibility, such as the inspection or enforcement of laws and related rules and regulations. This distinction, coupled with the purpose of the work, forms the basis for classification to other series not in the investigation work category. As noted above, many employees use investigative methods, techniques, and practices to complement and supplement their inspection, enforcement, compliance, or other activities and to increase their overall effectiveness. What must be assessed carefully in the evaluation of those positions that encompass investigative duties and responsibilities is the extent to which the assignments require the performance of actual investigation work, as described above.
