9.11.4  Personnel Matters (Cont. 1)

9.11.4.6 
Criminal Investigator Part-Time Employment Program

9.11.4.6.9  (08-05-2005)
Effect on Calculation of Retirement Annuity and Other Benefits

  1. The effects of part-time employment on retirement annuity and other benefits are outlined in the following subsections.

9.11.4.6.9.1  (08-05-2005)
Retirement Annuity Computation

  1. Part-time employment does not affect the length of service computation or the retirement eligibility date. A special agent may still retire at age 50 with 20 years of service, even if five of those years were part-time.

  2. Part-time employment does reduce the retirement annuity. To calculate the reduced annuity, the number of "work hours" is added over the career, and this sum is divided by the number of full-time hours that would have been worked over the same period. The resulting percentage is then multiplied by the annuity to which the employee would have been entitled if the employee had been full-time over the entire period. For example: full-time employment (40 hours per week) = 2,080 hours per year, x 20 years = 41,600. Part-time employee (e.g., 24 hours per week = 1,248 hours per year), x 5 years = 6,240 + (2,080 x 15 = 31,200) = 37,440; 37,440 / 41,600 = 90%. Therefore, the employee is entitled to 90% of the annuity, which would have been due to a full-time employee. This formula is applied whether the employee is covered by Civil Service Retirement System (CSRS) or Federal Employee Retirement System (FERS).

9.11.4.6.9.2  (08-05-2005)
Retirement Contributions, Taxes, Thrift Savings Plan, & Life Insurance

  1. Each of these items is based on a percentage of the employee's gross salary, regardless of whether the employee is full-time or part-time. Therefore, aside from the lower gross salary against which the percentages are applied, there is no difference in these items for full-time and part-time employees.

9.11.4.6.9.3  (08-05-2005)
Health Insurance

  1. The government's contribution to the Federal Employees Health Benefits Program is pro-rated in proportion to the percentage of time an employee works. For example, an employee who works 24 hours per week works 60% of the time a full-time employee works. Therefore, the government's contribution for that employee's health benefits would be 60% of the amount, which it pays for a full-time employee.

9.11.4.6.9.4  (08-05-2005)
Leave Accrual

  1. Leave is accrued as outlined in the following subsections.

9.11.4.6.9.4.1  (08-05-2005)
Sick Leave

  1. Part-time employees accrue sick leave at the rate of one hour for every 20 hours in pay status.

9.11.4.6.9.4.2  (08-05-2005)
Annual Leave

  1. Part-time employees accrue annual leave in accordance with his/her length of service. Those with between 3 and 15 years of service accrue one hour for each 13 hours in pay status. Those with more than 15 years of service accrue one hour for every 10 hours in pay status.

9.11.4.6.9.5  (08-05-2005)
Adverse Actions and Reductions in Force

  1. Part-time employees have the same rights as full-time employees when disciplinary action is taken against them. In a Reduction in Force (RIF), part-time employees have assignment rights only to part-time positions.

9.11.4.6.9.6  (08-05-2005)
Physical Fitness Program

  1. See IRM 9.2.2, Physical Fitness Program.

9.11.4.7  (01-10-2012)
Student Career Experience Program

  1. The Student Career Experience Program (SCEP) is an integral part of CI's Recruitment and Hiring Strategy. The primary objective of this program is to identify, recruit and train promising individuals for a direct career path to the special agent position and other administrative positions within CI. Other objectives include leveraging and maintaining a presence at colleges and universities as part of a continuous recruitment effort and providing a closer on-the-job assessment of future special agents and other covered positions. The Student Career Experience Program provides maximum program flexibility for students, while simultaneously allowing CI the opportunity to assess the student’s skills, competencies, and potential for the targeted position.

  2. The Special Agent Student Trainees (SAST) may conduct routine interviews, receive and examine data produced in compliance with a summons, analyze financial records and research databases. Special Agent Student Trainees are prohibited from participating in any enforcement activity, (i.e., surveillance, and the execution of arrests, search and seizure warrants).

  3. Additional guidance on the SCEP, as well as the Student Career Experience Program Guide, can be found in the Human Resources page of the CI Connections website.

9.11.4.8  (01-10-2012)
Leadership Development Program

  1. (1) The Leadership Development Program (LDP) provides a mechanism for developing special agents leadership career paths from entry level through frontline and senior manager positions. CI’s LDP program options include the Frontline Readiness Program (FLRP), Accelerated Leadership Readiness Program (ALP) and Accelerated Senior Leadership Readiness Program (ASLP). The LDP is key to preparing CI for the future. It is the roadmap for identifying, developing, and selecting future leaders. It assists CI in more effectively balancing employee skills and preferences against organizational needs and assists in succession planning. The LDP is the primary means for filling CI leadership positions.

  2. Information concerning the LDP can be found on the Human Resources page of the CI Connections website.

9.11.4.9  (08-05-2005)
Law Enforcement Availability Pay

  1. Law Enforcement Availability Pay (LEAP) is a mechanism for compensating GS-1811 law enforcement personnel in the Federal government for unscheduled overtime, including periods when a Criminal Investigator is designated by the agency to be available for duty. This compensation is equal to 25% of the special agent’s base pay, including locality pay. Law Enforcement Availability Pay is considered part of basic pay for the computation of retirement benefits, life insurance, leave payments (including lump sum payments for accumulated annual leave), the Thrift Savings Plan (TSP), severance pay, advances in pay, and worker's compensation payments.

9.11.4.9.1  (01-10-2012)
Requirements

  1. At the beginning of each calendar year, each special agent is required to certify to his/her first-line managers that he/she will work, or be available to work, unscheduled duty at an average annual rate of two hours per workday. Each manager is also required to certify that the special agents under his/her supervision met this requirement in the past year (if applicable), and is expected to continue to meet the requirement throughout the coming year.

  2. It is management's position that it is in the best interest of CI and the IRS for agents to work, as opposed to merely being available to work for the overwhelming majority of these hours. Law Enforcement Availability Pay time is tracked in quarter hours in the electronic diary and reported on Form 5043, Criminal Investigation Monthly Activity Report.

  3. Managers are responsible for ensuring that special agents have sufficient work assignments to comply with the requirements and expectations set forth above.

  4. A special agent receiving LEAP is entitled to request accommodation related to his/her religious beliefs as defined in subsection 9.11.4.12 below.

9.11.4.9.2  (08-05-2005)
Temporary Hardship Exemption

  1. In extraordinary situations, special agents may submit a written request for a temporary exemption from unscheduled duty assignments due to a personal hardship. This request should also state that this is a request for the voluntary cessation of LEAP for the duration of the temporary hardship exemption.

  2. A request must state the nature and expected duration of the hardship, and be for a period not to exceed six months. The SAC or Director, Field Operations must approve the request.

  3. Hardship exemptions, which extend beyond six months must be approved by the Chief, CI.

  4. The decision to approve temporary hardship exemptions rests entirely with the IRS. The organization is under no obligation to grant an exemption, regardless of precedent. Decisions will be made on a case by case basis, balancing the needs of the organization with the needs of the employee.

9.11.4.9.3  (08-05-2005)
Involuntary Cessation

  1. Involuntary cessation of LEAP is an adverse action.

  2. Failure to perform or refusal to accept unscheduled duty assignments, or failure to complete the annual LEAP certification form, may result in disciplinary action, including, but not limited to, the involuntary cessation of LEAP, or removal from the position of special agent or the IRS.

9.11.4.9.4  (08-05-2005)
Calculation of Annual Average

  1. The two hour per day annual average is calculated by dividing the number of unscheduled duty hours by the net number of workdays in the year.

  2. The net number of workdays in the year is the total number of workdays in the year, less excluded days.

  3. Excluded days include holidays and workdays which include more than four hours of leave, training, travel, and certain details to other activities.

  4. Unscheduled duty hours may be worked on excluded days.

9.11.4.9.5  (08-05-2005)
Scheduled Hours

  1. The first two hours of additional work on regular workdays is compensated by LEAP, even if scheduled in advance of the administrative workweek (except as provided in paragraph 3, below).

  2. After the first two hours, additional work on regular workdays scheduled in advance of the workweek is compensable as regularly scheduled overtime.

  3. In situations involving special agents detailed to US Secret Service for performing duties authorized under 18 USC §3056(a), all scheduled hours are compensated as overtime if at least two additional hours of unscheduled duty is performed on the same day.

9.11.4.10  (11-07-2012)
Outside Employment

  1. This CI policy is supplemental to the Outside Employment Policy found in IRM 6.735. Criminal Investigation employees can participate in outside employment or business activities as long as the outside employment or activity:

    1. complies with applicable ethics rules

    2. does not conflict with official duties

    3. does not present a safety issue

    4. does not interfere with the agent’s ability to perform official duties

    Note:

    Special agents are prohibited from working outside employment in law enforcement positions.

  2. Prior written permission is required before engaging in any outside employment or business activity, with or without compensation. Prior approval is not required for outside activities that are not considered to be an employment or business activity.” See Plain Talk About Ethics and Conduct, p. 14, Document 12011 (Rev. 5-2010).

  3. The factors that govern the permissibility of outside employment are:

    1. The activity does not place the employee in a situation where there may be a possible conflict or the appearance of a conflict between his/her official duties and his/her private interests.

    2. The activity does not deal directly with any tax-related matters.

    3. The activity will not result in improper use of official information.

    4. The nature of the employment or business activity or the hours devoted to such activity will not impair the employee’s availability, capacity, or efficiency for the performance of his/her official duties.

    5. The employee will not in any manner advertise or make it known that he/ she works for the IRS in order to generate or enhance business.

    6. The employee will not do indirectly, in the name of, or through family, that which he/she is prohibited to do directly.

  4. If the supervisor or other management official believes the employee’s proposed outside activity may result in an actual or apparent conflict of interest or otherwise would be in prohibited under applicable ethics rules, he/she may seek advice from the servicing L/ER office or the Associate Chief Counsel (General Legal Services) before taking action on the employee’s outside employment request. All requests must be forwarded to LR for their acknowledgement and date/signature as applicable.

  5. Approval authority for requests to engage in outside employment, business, and other activities from employees who are in the 1811 job series is delegated to Executive Directors and SES Directors for employees under their supervision and control, See Criminal Investigation Delegation Order No. 9 (Rev. 4) on CI Connection in eLibrary.

  6. Approval authority for requests to engage in outside employment, business, and other activities from employees who are not in the 1811 job series is delegated to SACs, and HQ Directors and Associate Directors for employees under their supervision and control. See Criminal Investigation Delegation Order No. 9 (Rev. 4).

  7. An employee requests permission for outside employment by submitting the required information into the WEB/TAPS Outside Employment Module and sending an email to the first line manager. If access to the module cannot be acquired, a paper or electronic 7995 Outside Employment or Business Activity Request may be submitted to the first line manager. The information must then be transcribed into the WEB/TAPS OES system. The information the employee provides must be accurate and in sufficient detail to ensure timely review by management.

  8. The first-line manager will review the request for completeness with particular attention given to the requested activity details. If additional information is necessary, the request will be returned and the employee will be advised in writing. Upon receipt of a fully completed request, the first-line manager will enter the date of receipt and deadline for approval/disapproval, (computed in workdays) on the Form 7995.

  9. The first-line manager, in considering a request for outside employment or business activity, must recommend approval or disapproval in accordance with 5 CFR Part 2635, Standards of Ethical Conduct for Employees of the Executive Branch; 5 CFR Chapter XXI Part 3101, Supplemental Standards of Ethical Conduct for Employees of the Department of Treasury; other applicable statutes and regulations; and applicable IRS and Counsel issuances.

  10. The approval or disapproval should be made within ten (10) workdays by the 1st level manager and if approved, forwarded to the 2nd level manager for final approval. If a response is not received within the period prescribed, the request will be considered DENIED.

  11. At any level of review, management has the right to request more specific information on the employment or business activity. Management should contact the servicing Labor Relations office if there is any question or concern over the type of employment or business activity the employee is or will be involved in. If management believes the proposed activity could result in an actual or apparent conflict of interest, management may seek advice from the servicing Labor Relations office of the Associate Chief Counsel (General Legal Services).

  12. If management disapproves an outside employment request, a memorandum to the employee with the assistance of the servicing L/ER specialist will be prepared setting forth the rationale for the disapproval. This memorandum must accompany the request when returned to the requesting employee.

  13. Once an outside employment or business activity request is approved, the employee must:

    1. Reapply for written permission if the nature of this employment or business changes.

    2. Reapply for written permission upon movement or transfer to another IRS office under a different approving official.

    3. Reapply for written permission upon movement or transfer to a different position.

    4. Provide written notification to his/her first-line manager and the St. Louis Labor/Employee Relations office when the approved employment or business activity is terminated. In these instances, the employee should ask his/her manager for the file copy of the previously approved form and write “VOID” across the face of the form, sign and date it. The manager will follow the same processing procedures as described below.

  14. All approvals, disapprovals, and notices of terminated outside employment activity must all be filed as follows: If the request is approved, the supervisor will send a screen print and paper copy to the OPF Consolidated Site, 440 Space Center Drive, Lee’s Summit, MO 64064 to be placed in the employee’s Official Personnel Folder (OPF). The supervisor will also send one copy to the employee and one copy should also be placed in the Employee Drop File. Requests that have been disapproved will also be retained in this manner.

9.11.4.11  (01-10-2012)
Accommodating Religious Practices

  1. Criminal Investigation is obligated to grant modified work schedules in order to accommodate religious obligations of all CI employees unless the accommodation would cause an undue hardship. All IRS employees are permitted to alter their work schedules by utilizing religious compensatory time if their personal religious beliefs require them to abstain from work during a specified period of time.

  2. Employees are permitted to work additional periods of time, either before or after the absence, in order to repay the time for which they will be, or have been, absent from duty. Employees cannot be required to use annual leave for accommodating their religious practices. If the legal requirement is met for religious compensatory time, management cannot require an employee to take annual leave.

  3. A determination on whether or not abstention from work is required is to be based solely on the applicant’s religious beliefs. Managers will not substitute their knowledge of the employee's religion to indicate that the religious doctrine does not prohibit the employee from working.

  4. Although CI is under no obligation to guarantee employees that management will be able to accommodate each religious preference, CI must make good faith efforts to make such accommodations.

  5. A request cannot be denied unless it would interfere with the efficient accomplishment of the IRS's mission. A request cannot be denied based on speculation regarding a disruption or because of mere inconvenience to the IRS. Each request for accommodation will be evaluated in light of the work, staffing, and mission requirements of CI to ensure that any denial or cancellation of a request is because the requester and no one else can accomplish the IRS’s mission by working during the specified period of time.

  6. The form that will be used in planning absences and changes to work schedules for employees requesting modified work schedules in order to accommodate their religious obligations is the Compensatory Time For Religious Observation template (see Document Manager.) Once completed and approved by the requesting employee's first-level manager and second level manager, the form will be retained with the employee’s time and attendance records.

  7. An employee's request for time off will not be granted without simultaneously scheduling the hours during which the employee will work to make up the time to provide a clear record of the employee's adjusted work schedule. An employee will be allowed to accumulate only the number of hours of work needed to make up for previous or anticipated absences from work for religious observances. If an employee is absent when he/she is scheduled to perform work to make up for a planned absence for a religious observance, the employee must take paid leave, request leave without pay, or be charged absent without leave, if appropriate.

  8. Additional guidance on compensatory time for religious observances can be found IRM 6.550.1.7.

9.11.4.12  (08-05-2005)
Employee Assistance Program

  1. The Employee Assistance Program (EAP) offers professional and confidential counseling services designed to help address the personal concerns and life issues an employee faces. Counseling is available to employees and his/her family members at no cost either in-person or by phone through the IRS EAP provider, ComPsych Corporation

  2. Services are accessible through EAP by calling 1-800-977-7631 (Law Enforcement Officers and his/her families call 1-888-270-8958; TDD call 1-800-697-0353) 24 hours a day, seven days a week. An employee can also access information on line at the Guidance Resources web page. The employee must register as a user of this site the first time by entering the IRS Company ID, IRS112, and selecting his/her own user name and password.

  3. Employees in the GS-1811 job series and his/her family members may contact the EAP's separate toll free line for law enforcement officers and his/her families. Counselors with a law enforcement background are available to address the unique concerns of law enforcement and his/her families. In addition to telephone counseling, face to face meetings can also be requested. A counselor can be reached regarding law enforcement concerns at 1-888-270-8958.

  4. Employees and his/her family members can receive help through EAP to deal with a variety of personal concerns, including:

    1. depression

    2. marital and family conflicts

    3. job pressures

    4. stress and anxiety

    5. alcohol and drug abuse

    6. grief and loss

  5. Service Connect is a program under the EAP's Worklife Referral Services Program that provides research and referral for a variety of convenience services. An employee and his/her family can call ComPsych for information and referrals on topics such as moving and relocation, home improvement and maintenance and governmental services.

  6. Additional information on the services offered to employees in the Employee Assistance and Worklife Services Programs can be found on the IR web in the Benefits and Services section of the Employee Resource Center (ERC).

9.11.4.13  (01-10-2012)
Reinstatement, Reassignment, Transfer or Change to Lower Grade of Special Agents

  1. Requirements and procedures are established for requesting and effecting non-competitive actions including reinstatement of former CI special agents, and the reassignment, transfer, and voluntary change to lower grade of GS-1811 employees from other bureaus/agencies.

  2. A very high standard is set by CI for these types of actions. Only those agents who are truly outstanding and will have a positive effect on CI will be brought on board.

  3. The Director, Strategy will approve reinstatement requests and approve and select candidates that apply for reassignments, transfers, and changes to lower grade of current GS-1811’s from other Federal law enforcement agencies.

9.11.4.13.1  (01-10-2012)
Reinstatement of Former CI Special Agents

  1. A former CI special agent may contact any employee in the former special agent’s field office or the Director, Field Operations about returning to the IRS. The SAC of the former special agent’s field office or Director, Field Operations who receives the initial inquiry will serve as the sponsor. They will review and decide if they support the reinstatement. If so, they will prepare and sign a memorandum addressed to Director, Strategy that includes a recommendation to reinstate the former special agent. As an option, interviews may be used to evaluate candidates applying for reinstatement.

  2. Former GS-13 CI special agents may be reinstated at the GS-13 level.

  3. The written request must include the following information:

    1. A voluntary application from the former special agent requesting reinstatement. Applications will include an OF-612, Optional Application for Federal Employment or resume, a copy of his/her most recent performance appraisal and a recent copy of SF-50 (Notification of Personnel Action) that includes job, series, grade, step and salary.

    2. The grade and step the employee was when he/she left IRS.

    3. The Federal Law Enforcement Training Center (FLETC) transcripts.

    4. Contact information for his/her current servicing Personnel Office (name and phone number), if currently employed with another federal agency.

    5. The grade and POD where the SAC or Director, Field Operations wants to reinstate the special agent.

  4. The CI sponsor or his/her designee will forward the reinstatement request and memorandum electronically to the Servicing Employment Office.

  5. The Servicing Employment Office will review, determine the qualifications and if qualified, the request will be forwarded to the Director, Field Operations. If not qualified, the Servicing Employment Office will notify the candidate and the sponsor SAC.

  6. The Director, Field Operations will review and make a recommendation to approve/disapprove. If the reinstatement request is disapproved, the sponsor SAC will notify the candidate. If approved, the request should be forwarded via email to the appropriate CI-HR Embedded Specialist. The request will then be forwarded to the Associate Director, Finance, who will review and approve funding. The Associate Director, Finance will forward the reinstatement request to the Associate Director, Planning and Strategy to conduct a staffing analysis on the Field Office and POD where the Director, Field Operations/SAC intends to place the candidate. The Associate Director, Planning and Strategy will forward the reinstatement request to the Director, Strategy, for final decision. Upon decision by the Director, Strategy, the reinstatement request will be returned to the appropriate CI-HR Embedded Specialist and a copy to the Servicing Employment Office. If a decision is made to assign the individual to a different POD, the Embedded HR Specialist will contact the appropriate SAC and/or Director, Field Operations. The reinstatement request will be returned to the Servicing Employment Office for coordination and action.

  7. If approved, the Servicing Employment Office will clear the priority placement programs and issue an announcement only for Status, ICTAP, and VEOA applicants on the USAJobs.gov website. If cleared, they will notify the SAC and offer the candidate a tentative job offer. If not cleared, the Servicing Employment Office should notify the SAC. As soon as the selectee accepts the tentative job offer, they will initiate the required pre-employment screening which consists of a background investigation, drug test, medical examination, and tax audit.

  8. Upon receipt of the FLETC transcripts, the Servicing Employment Office will fax the transcript to the NCITA to determine if additional training is required.

  9. The SAC will be advised when the reinstatement candidate has successfully completed the pre-employment screening and is available to be assigned to his/her field office. The Servicing Employment Office will initiate the PAR action after coordination with the SAC to determine the entrance on duty (EOD) date.

  10. Pay will be set by the Servicing Employment Office in accordance with the appropriate rules and regulations.

  11. It is CI policy that a full background investigation be completed prior to the EOD date. However, a SAC may initiate a business case why the special agent should EOD sooner. The request requires the approval from the Chief/Deputy Chief, CI. The request should be routed through CI-HR Embedded (copy to Servicing Employment Office) and then to Director, Strategy.

  12. Criminal Investigation is not obligated to pay relocation expenses for candidates that are non-competitively selected as a reinstatement, voluntary transfer, reassignment, or change to lower grade. However, relocation allowances may be authorized in the case of lateral reassignments when the "best person" and "best interest of the government" tests are met. If relocation benefits are appropriate, approval must be obtained by the SAC from the Director, Strategy through Associate Director, Finance.

9.11.4.13.2  (01-10-2012)
Reassignment/Transfer of GS-1811s from Other Federal Bureaus/Agencies

  1. Non-competitive reassignments, transfers and changes to lower grade (CTLG) of GS-1811 employees from other Federal bureaus/agencies may be granted to qualified applicants.

  2. The highest grade level available for reassignment/transfer/change to lower grade into the CI special agent occupation will be GS-12. Pay will be set by the Servicing Employment Office in accordance with the appropriate rules and regulations.

  3. Interested candidates will submit voluntary applications to the Servicing Employment Office.

  4. Applications will include an OF-612, Optional Application for Federal Employment or resume, college transcript, a copy of the most current performance appraisal, a recent copy of SF-50 (Notification of Personnel Action) that includes job series, grade level, and salary, the FLETC transcripts and contact information of the employee’s current servicing Personnel Office (name and phone number).

  5. Upon receipt of the appropriate information, the Servicing Employment staff will review the application to determine qualifications. If qualified, the candidate will be referred to the SAC located near the applicant’s residence. If not qualified, the Servicing Employment Office will notify the candidate. As an option, the SAC may hold interviews to evaluate candidates applying for reassignment/transfer into the special agent occupation.

  6. If interested in the candidate, the SAC will prepare and forward a memorandum of recommendation to his/her Director, Field Operations for approval/concurrence. If the reassignment/transfer/CTLG request is disapproved, the sponsor SAC will notify the candidate. If approved, the Director, Field Operations will forward the request via email to the appropriate CI HR Embedded Specialist. A copy will be shared with the Servicing Employment Office. The request will then be forwarded to the Associate Director, Finance, who will review and approve funding. The Associate Director, Finance will forward the request to the Associate Director, Planning and Strategy to conduct a staffing analysis on the Field Office and post of duty (POD) where the Director, Field Operations/SAC intends to place the candidate. The Associate Director, Planning and Strategy will forward the request to Director, Strategy, CI for final decision. Upon decision by the Director, Strategy, it will be returned to the CI HR Embedded Specialist. If a decision is made to assign the individual to a different POD, the Embedded HR Specialist will contact the appropriate SAC and/or Director, Field Operations. The reassignment/transfer/CTLG request will be returned to the Servicing Employment Office for coordination and action.

  7. Upon receipt of the approved recommendation, the Servicing Employment Office will clear the priority placement programs and issue an announcement only for Status, ICTAP, VEOA applicants on USA Jobs. If not approved or cleared, the Servicing Employment Office should notify the candidate and the SAC. When cleared, the Servicing Employment Office will offer the noncompetitive candidate a tentative job offer. Once the selectee accepts the tentative job offer, the Servicing Employment Office will initiate the pre-employment screening, which consists of a background investigation, drug test, medical examination, and tax check .

  8. When the candidate is transferring from another Federal agency and there is not a break in service, the candidate will be fingerprinted and the background investigation paperwork submitted to Personnel Security. Personnel Security may clear the candidate’s background investigation based on his/her previous level of completed investigation and results from the prior agency.

  9. It is CI policy that a full background investigation be completed prior to the EOD date. However, a SAC may initiate a business case why the special agent should EOD sooner. The request requires approval from the Chief/Deputy Chief, CI. The request should be routed through CI-HR Embedded (copy to Servicing Employment Office) and then to Director, Strategy.

  10. The servicing employment office will fax the transcript to the NCITA to determine if additional training is required.

  11. The SAC will be advised when the reassignment/transfer candidate has successfully completed the pre-employment screening and when the candidate will be placed into class. The candidate will be placed in the queue until a class slot becomes open. The Servicing Employment Office will initiate the PAR action after coordination with the SAC.

  12. Criminal Investigation is not obligated to pay relocation expenses for candidates that are non-competitively selected as a reinstatement, voluntary transfer, reassignment, or change to lower grade. However, relocation allowance may be authorized in the case of lateral reassignments when the "best person" and "best interest of the government" tests are met. If relocation benefits are appropriate, approval must be obtained by the SAC from the Director, Strategy through Associate Director, Finance.

9.11.4.14  (01-10-2012)
Flexiplace in Criminal Investigation

  1. Occupational flexiplace (changing the employee's work area from the traditional office to a home office or other flexiplace work site) and situational flexiplace (working up to 80 hours per month at a site other than the traditional office) are considered to be incompatible with CI's mission and work assignments. Therefore, CI has chosen not to be a part of any formal flexiplace program.

  2. Headquarters Directors, SACs, and RACs may allow employees to work off-site on an occasional, ad hoc basis due to temporary special circumstances, as they deem appropriate. An employee's use of an alternative work site should not impact overall productivity.

9.11.4.15  (01-10-2012)
Alternate and Flexible Work Schedules

  1. Full-time special agents cannot work compressed or alternative work schedules (AWS) and are, therefore, prohibited from earning credit hours.

  2. Fully successful non-1811 employees and part-time special agents can request AWS, i.e., 4/10 (four workdays of 10 hours each in each week of the biweekly pay period), 5/4/9 (eight workdays of nine hours each, one workday of eight hours, and one non-workday within the biweekly pay period), and flexitour with credit hours (five workdays of eight hours each in a workweek with the employee working credit hours to vary the length of a workday or workweek). Management approval of an AWS is contingent upon organizational needs being met.

  3. The established alternative work schedule for part-time special agents is to allow a special agent the opportunity to work the maximum number of hours during a workweek within a schedule authorized by Service policy and Federal regulations and agreed to by the agent and management.

  4. Eligible employees, with prior management approval, may earn and use credit hours in 15-minute increments.

  5. Prior to the beginning of a pay period, an employee on a 5/4/9 or 4/10 work schedule may request that his/her normal day(s) off be changed for the upcoming pay period(s).

9.11.4.16  (01-10-2012)
Volunteer Activities by Criminal Investigation Employees

  1. An employee who is rated fully successful or higher may be granted up to eight hours of administrative time per year to volunteer his/her time to public service organizations if:

    1. the absence is directly related to the mission of the IRS

    2. the absence is officially sponsored or sanctioned by the IRS

    3. the absence will clearly enhance the professional development or skills of the employee in his/her current position; or the absence will clearly enhance the professional development or skills of the employee in his/her current position; or

    4. the absence is brief and is determined to be in the interest of the IRS

  2. The employee will prepare a memorandum requesting the administrative time and describing the volunteer activity. The memorandum will be forwarded through his/her first-level manager to the second-level manager for approval. The employee’s first-level manager will determine if workloads permit the release of the employee to participate in the volunteer activity. The approving official must then determine if the request for administrative leave meets at least one of the criteria and is not contrary to existing laws and regulation, does not require use of government equipment or facilities (for other than authorized purposes in accordance with 5 CFR §2635.704), and would not expose the IRS to liability for injury compensation.

  3. Employees submitting requests that are not approved may be offered the chance to utilize other work schedule (AWS), credit hours, annual leave, leave without pay, part-time employment and job sharing to the extent consistent with law and regulation.

  4. For record keeping purposes, managers must forward copies of requests to:

    IRS Criminal Investigation
    1111 Constitution Avenue, N.W.
    Human Resources (Criminal Investigation)
    SE:CI:IES:S:HR, Room 2521
    Washington, DC 20044

9.11.4.17  (01-10-2012)
Employee Suggestion Program for Criminal Investigation Employees

  1. The Employee Suggestion Program (ESP) provides employees with the opportunity to submit a constructive proposal that identifies and describes a specific need for improvement and proposes a solution. The suggestion must directly contribute to the economy or efficiency or directly increase effectiveness of government operations. An employee who submits the suggestion has the right to receive a prompt, objective and fair evaluation of the idea and will receive an award if the suggestion is adopted.

  2. The ESP utilizes a web-based submission system. Users must have access to the IRS internal local area network (LAN) and be logged into the CI domain to submit a suggestion or review the status of any suggestion. All suggestions by CI employees must be submitted to the CI Employee Suggestion Program Manager for processing.

  3. Additional information on the ESP can be found on the IRS Employee Resource Center and on the ESP Web page. The Program Guidance Handbook, the Program Training Guide Handbook, On-Line User Guide, Award Guide, Power Point tutorials and ESP contact information are located on the ESP Web page.

9.11.4.18  (08-05-2005)
Administrative Time for Employee Benefits

  1. Workload permitting, an employee may expend up to four hours of administrative time per calendar year for the purposes of attending a health benefits fair, reviewing health benefits information and material, receiving financial counseling or seeking supplemental retirement counseling.

9.11.4.19  (08-05-2005)
Access to the Criminal Investigation Network

  1. The successful completion of a full background investigation and drug test is required to access the Criminal Investigation (CI) system network and applications as stated in IRM 9.1.4, CI Directives.

  2. All CI personnel will be granted access to the CI network and appropriate applications following a request by an employee’s first-line manager. In making a request for an employee to access the CI network, the manager will:

    1. Access the Online 5081 system and add the employee to his/her Online 5081 workgroup, (Upon selection for a position in CI, once the personnel action is initiated, a record for each employee is automatically established in the Online 5081 system.)

    2. Initiate the action to request CI network access for that employee. When approved, the Hotline will issue a login and password for the new employee.

    3. Ensure the employee accesses the Online 5081 system, reads and acknowledges the online Information Systems Security Rules, and completes the Computer Security briefing of the Mandatory Employee Communications web page.

9.11.4.19.1  (01-10-2012)
Access by Non-Criminal Investigation Personnel

  1. A waiver of the background investigation and drug test requirement may be granted by the Chief, CI. A waiver is customarily granted in instances where there is a bona fide business need (e.g., non-CI law enforcement personnel or revenue agent assigned to a task force).

  2. A request to waive the background investigation and drug test requirement will be made by the SAC or appropriate management official through channels to the Director, Technology Operations and Investigative Services (see Document Manager for the Drug Testing Waiver template). It is important the request thoroughly justify the necessity for the waiver and also include the time-frame for which access is being requested.

    Note:

    Chief Counsel, Department of the Treasury, assigned to assist CI have authorized access to CI information systems and are exempt from this procedure; see Executive Order 12968, Section 2.4, Reciprocal Acceptance of Access Eligibility Determination. The SAC or designee will ensure the Counsel employee completes either the paper Form 5081 or Online 5081 Computer Security briefing. The establishment of an account will be made through the Director, Technology Operations and Investigative Services or his/her designee.

  3. The Chief, CI, will make the waiver determination, either approved or disapproved.

  4. The Director, Technology Operations and Investigative Services, will forward the Chief, CI, determination through channels to the requesting SAC or management official. The SAC or management official will ensure the non-CI personnel complete the Online 5081 Computer Security briefing. The establishment of an account will be made through the Director, Technology Operations and Investigative Services or his/her designee.

  5. The account will remain active until: a) completion of the approved access period b) removal from the network before the end of the access period (no longer needed) c) removal from the network to meet the needs of IRS

  6. An extension of the access period can be approved by the Director, Technology Operations and Investigative Services as requested by the originating office by e-mail.

  7. Non-CI personnel granted access to the CI network will be allowed access only through CI imaged hardware. Connectivity to the CI network will not be allowed through use of another IRS business unit laptop or desk top computer.

9.11.4.20  (08-05-2005)
Special Agent Collateral Duties and Specialized Positions

  1. Special agents may apply for various collateral duties and/or specialized positions. These positions general require the special agent possess certain skills and/or abilities and require successful completion of additional training.

9.11.4.20.1  (08-05-2005)
Firearms and Defensive Tactics Instructor

  1. The firearms and defensive tactics instructor assists with the field office's training program, reviewing field office practices and making recommendations for improvement in accordance with the program provisions in the IRM, Defensive Tactics Manual and other procedures, schedules coaching, training and may assist with ordering and maintaining supplies and equipment.

  2. The special agent must successfully complete formal Firearms Instructor Training Program and Defensive Tactics Instructor Training Program.

  3. In additions to regular investigative duties, the special agent may spend 10-45% of his/her time on firearms and defensive tactics instruction.

  4. Firearms instructors receive mandatory annual audiogram and blood lead screenings to monitor his/her exposure levels to noise and lead from firing ranges. These screenings have been conducted during his/her annual Physical Fitness Program (PFP) medical evaluation. Instructors are also required to complete any subsequent follow-up evaluations to the initial screenings.

9.11.4.20.2  (01-10-2012)
Asset Forfeiture Coordinator

  1. The Asset Forfeiture Coordinator (AFC) participates in the planning and conduct of seizure activity and execution of seizure warrants. The AFC provides expert advice, analysis and guidance to special agents and managers on all asset seizure matters and provides training to special agents, managers and other enforcement personnel about asset seizure and forfeiture matters. The AFC oversees the field office's use of asset forfeiture procedures, including charging asset forfeiture expenses and seized property controls, monitors the use of asset forfeiture computer equipment and reviews the recordation and control of total seizures, asset value, total amount forfeited, amount shared with local law enforcement, and the amount placed into the asset forfeiture or General Fund. See IRM 9.7.1, Roles, Responsibilities and Authorities.

  2. The AFC must have knowledge of Federal laws and the IRS investigative and administrative policy and procedures pertaining to money laundering and asset forfeiture. The AFC will receive training in asset forfeiture laws and administrative procedures.

  3. Depending on the size of the field office, the AFC may be a full-time position or may be performed 10-45% of the time in addition to the special agent's regular investigative duties.

9.11.4.20.3  (08-05-2005)
Undercover Agent

  1. The undercover agent participates in assignments involving the assumption of an identity requiring elaborate documentation, including personal and/or business history to close knit crime groups. The assignment may be long-term. The undercover agent may serve as a team leader where an undercover team is utilized. See IRM 9.4.8, Undercover Operations, for additional information.

  2. The special agent selected as an undercover agent is required to successfully complete undercover training.

  3. The duties of the undercover agent may be performed on a part-time or full-time basis.

9.11.4.20.4  (08-05-2005)
Cover Agent

  1. A cover agent attends to the security and safety of the undercover agent, transmits instructions and information, ensures that field office objectives are being carried out by undercover agent(s), receives daily activity and financial reports of the undercover agent and others and prepares reimbursement claims and financial statements. The cover agent provides assistance to the undercover agent in all administrative matters including leave, compensation, firearms, etc. He/she provides immediate assistance to the undercover agent in an emergency. The cover agent is responsible for maintaining detailed accounting records of all recoverable and non-recoverable funds. See IRM 9.4.8, Undercover Operations.

  2. Special agents selected as cover agents are required to successfully complete cover agent training.

  3. The duties of a cover agent may be performed on a part-time or full-time basis.

9.11.4.20.5  (01-10-2012)
Technical Agent

  1. The technical (tech) agent serves as an expert on planning and implementing the use of sensitive investigative equipment ( i.e., electronic surveillance, radio communications equipment, etc.) The tech agent develops novel uses for existing devices and recommends modifications, as appropriate. He/she assists in processing and determining the evidentiary value of information obtained.

  2. The tech agent receives training in sensitive investigative equipment ( i.e., electronic surveillance, radio communications equipment and photographic equipment.)

  3. The duties of the tech agent may be performed on a part-time or full-time basis.

9.11.4.20.6  (01-10-2012)
Money Laundering Expert Witness

  1. The money laundering expert witness is primarily used to present testimony during trials and other court proceedings involving money laundering and Bank Secrecy Act violations and asset forfeiture matters.

  2. The special agent selected as an expert witness receives formal training.

9.11.4.20.7  (08-05-2005)
Physical Fitness Program Coordinator

  1. The Physical Fitness Program (PFP) Coordinator schedules and conducts periodic fitness assessment of participants in the physical fitness program in accordance with the related IRM provisions and other procedures. The PFP coordinator advises participants on physical fitness activities, diet, nutrition, weight control, etc. The PFP coordinator monitors the fitness participants in the PFP program. See IRM 9.2.2, Physical Fitness Program.

  2. Special agents selected as PFP coordinators are required to successfully complete the formal Physical Fitness Coordinator Training Program. Training includes knowledge of the exercise program, weight training, equipment utilized, diet, nutrition, weight control and stress management.

  3. The PFP coordinator may perform PFP-related duties 10-45% of the time in addition to his/her regular investigative duties.

9.11.4.20.8  (08-05-2005)
Criminal Investigation National Training Academy Instructor

  1. The Instructor/Facilitator functions as a classroom instructor/facilitator within the field office and as a cadre instructor/facilitator at the NCITA. The instructor/facilitator performs duties in accordance with requirements of the IRM and within the parameters of established training programs (basic and advance courses and various technical courses) including the development and delivery of training.

  2. Special agents selected as instructors/facilitators must successfully complete Instructor/Facilitator Training Program and respective specialized training.

  3. Instructor/facilitator duties may be performed on a full-time or part-time basis.

9.11.4.20.9  (08-05-2005)
Computer Investigative Specialist

  1. The Computer Investigative Specialist (CIS) is an experienced special agent with excellent financial investigation skills, and a sound knowledge of accounting and legal principles. A CIS completes a standardized course of study in computer evidence recovery and analysis. See IRM 9.4.11, Investigative Services.

  2. Special agents selected as a CIS must successfully complete formal and on-the-job training.

  3. Computer investigative specialist duties may be performed on a full-time or part-time basis.

9.11.4.20.10  (01-10-2012)
Public Information Officer

  1. The Public Information Officer (PIO) identifies plans and orchestrates publicity opportunities for CI. Under the direction of the SAC, the PIO serves as the spokesperson and facilitates all CI interactions with the media. In conjunction with IRS Communications and Liaison, develops local media campaigns to encourage and achieve voluntary compliance with the Internal Revenue laws. Activities include the responsibility to draft, clear and issue CI case related press releases, establish media contacts, establish liaison with state, local and Federal law enforcement officers and/or their PIO offices. Serves as coordinator of the local CI Speaker’s Bureau, CI Bulletin, and assists with local disclosure and Freedom of Information Act (FOIA) requests. See IRM 9.3.2, Publicity and Internal Communications.

  2. The special agent selected as a PIO receives training in communication and disclosure.

  3. The PIO duties may be performed on a part-time or full-time basis.

9.11.4.20.11  (08-05-2005)
Centralized Case Reviewer

  1. Centralized case (CCR) reviewers are responsible for reviewing prosecution reports for accuracy and conformance with established policy and procedures. In addition, the CCR reviewer is tasked with identifying trends.

9.11.4.20.11.1  (08-05-2005)
Organizational Structure and Support

  1. Centralized Case Review is an area resource reporting through a senior area analyst to the Director, Field Operations. The CCR reviewer is a full-time position, but may receive limited collateral assignments from the Director, Field Operations that do not conflict with the role as a CCR reviewer. The CCR reviewer will be physically located in, and supported by his/her assigned field office.

  2. The SAC will ensure each CCR reviewer physically located within his/her field office is provided with the following:

    1. appropriate space and storage

    2. clerical support

    3. standard special agent equipment

    4. firearm and physical assessments

  3. The Director, Field Operations, will manage the CCR reviewer. This responsibility includes performing:

    1. timely evaluations, with input from the field offices the CCR reviewer serves

    2. dissemination of current information for all matters that affect CI in general and his/her work, in particular, including current court decisions, IRS and Department of Justice (DOJ) prosecution guideline changes, and policies involving criminal prosecutions

    3. periodic visitations on at least a semiannual basis

    4. resolution of expedite review conflicts between field offices

  4. Review and Program Evaluation (RPE) responsibilities include:

    1. oversight of the CCR program

    2. hosting an annual meeting of CCR reviewers to discuss the central case review process and any trends and issues

    3. preparing an annual trend report by CCR reviewer for distribution within the area’s field offices and communicating relevant trends to the NCITA for inclusion in Entry Level Manager Seminar (ELMS) and the Special Agent Basic Training (SABT), as deemed appropriate by NCITA

    4. including CCR in the review of the area office

9.11.4.20.11.2  (08-05-2005)
Selection, Location and Qualifications of Centralized Case Review Reviewers

  1. The Director, Field Operations, will:

    1. recommend to the Deputy Chief, CI, the number of CCR reviewers for his/her area based upon workload and the objective of maintaining an average elapsed time on reviews of 10 days or less

    2. select CCR reviewers with input from area SACs

    3. determine physical location of CCR reviewers within his/her area

    4. determine the geographic area of responsibility for each CCR reviewer

  2. It is recommended the CCR reviewer position:

    1. entail a minimum tour of three years with no maximum length

    2. be filled with a special agent at the GS-13 level, ideally by a special agent with 7 to 10 years field experience

  3. It is recommended the CCR reviewer possess the following qualities:

    1. the proven ability to work independently with minimal supervision

    2. a strong technical background

    3. a thorough understanding of all methods of proof

    4. a strong interest in conducting detailed reviews

    5. excellent communication skills

9.11.4.20.12  (08-05-2005)
Forensic Specialist

  1. A special agent/forensic electronic examiner is responsible for:

    1. performing examinations on questioned electronic recordings (video, audio, and other sensitive electronic information)

    2. making enhancements of audio and video recordings

    3. providing testimony as needed before grand juries and judicial proceedings

    4. studying and testing video, audio, and electronic information tapes and instruments in the development of data applicable to any questioned electronic recording problems and

    5. conducting research studies and projects related to electronic recording and related fields

  2. The duties of a forensic specialist are performed on a full-time basis.

9.11.4.20.12.1  (01-10-2012)
Polygraph Examiner

  1. A polygraph examiner is responsible for:

    1. administering polygraph (Psycho-physiological Detection of Deception (PDD)) examinations to a variety of subjects, including IRS criminal suspects, informants, and witnesses

    2. ensuring that all examinations conform to the strictest professional operating procedures and programs as established by the IRS polygraph program coordinator

  2. The polygraph examiner testifies as needed in court as an expert witness.

  3. Special agents selected as polygraph examiners must successfully complete formal training.

  4. The duties of a polygraph examiner are performed on an “as other duty as required” basis.

9.11.4.20.13  (01-10-2012)
On-the Job Instructor

  1. The On-the-Job Instructor (OJI) administers the formal on-the-job phase of training for one or more trainees; gives trainee(s) direction and guidance in day-to-day operational and investigative activities and duties; presents instructional material and gives individual instruction and counseling as needed to assist in developing the skills and abilities of the trainee(s) and special agents with less work experience.

  2. The special agent selected as an OJI is required to successfully complete OJI workshop training.

  3. The duties of an OJI may be performed on a full-time or part-time basis.

9.11.4.20.14  (01-10-2012)
Fraud Referral Coordinator

  1. In order to facilitate consistency of focus on the tracking and timely evaluation of fraud referrals, each field office is asked to designate an employee, a Fraud Referral Coordinator, to be responsible for receipt and tracking of fraud referrals. This employee will be responsible for:

    • maintaining a spreadsheet of fraud referrals received by the field office, including current status

    • ensuring primary numbers are obtained timely and that the fraud referral control number and the fraud referral source are properly entered into CIMIS

    • assisting the SAC in tracking due dates and extensions

    • ensuring subject numbers are obtained timely for accepted referrals

    • maintaining the field office TIMS folders for documents relating to the fraud referral program including Form 2797, Referral Report of Potential Criminal Fraud Cases and any related memoranda prepared by CI (i.e., declination memoranda)

    • tracking fraud awareness presentations

  2. The duties of the fraud referral coordinator may be performed 10–45% of the time in addition to his/her regular investigative duties.

9.11.4.20.15  (08-05-2005)
Pilot

  1. Pilots operate aircraft in the performance of official investigative or administrative duties.

  2. A pilot’s license and all related certifications are required.

  3. The duties of a pilot may be performed 10 – 45% of the time in addition to his/her regular investigative duties.

9.11.4.20.16  (08-05-2005)
Disclosure Coordinator

  1. The Disclosure Coordinator receives and processes requests for agency records, responds to disclosure questions from employees and managers, provides disclosure training to CI employees, consults higher level management on complex and sensitive requests.

  2. The position requires knowledge of disclosure laws and regulations, the Freedom of Information and Privacy Acts, as well as laws and regulations governing grand jury information.

  3. The disclosure coordinator duties may be performed 10 – 45% of the time in addition to his/her regular investigative duties.

9.11.4.21  (01-10-2012)
Criminal Investigation Recruitment Program

  1. Criminal Investigation’s recruitment program focuses on hiring for the IRS Criminal Investigator (Special Agent), GL-1811-5/7/9 positions and provides assistance for all other CI recruitment.

9.11.4.21.1  (01-10-2012)
Purpose of the Criminal Investigation Recruitment Program

  1. The CI Embedded Human Resources (HR) staff provides information, advice, assistance and support to CI management in Headquarters, the field offices and the special agent recruiters in order to attract a diverse group of qualified candidates for special agent positions. Human Resources staff also provides information and advice to the IRS Human Capital Office (HCO) Cincinnati Employment Branch for all other CI recruitment.

9.11.4.21.2  (01-10-2012)
Criminal Investigation Human Resources Recruitment Functions

  1. The CI Embedded (HR) staff develops and plans activities working directly with CI field offices, special agent recruiters, Finance and the Equity, Diversity & Inclusion staff members. Human Resources also works with staff from the HCO Recruitment and Employment, Talent & Security offices, and outside vendors in support of the CI recruitment effort.

  2. The HR staff provides the status of hiring, marketing campaign plans and other recruitment related information to the field offices and special agent recruiters. Human Resources coordinates diversity career events costing over $1,000, requests funding and arranges for recruiting space at the events. Human Resources staff maintains the "Law Enforcement & Investigation" link on the IRS Careers website and the "Contact Us" list of offices by state with phone numbers and works with HCO Recruitment Office staff to post and/or revise information.

  3. The HR staff provides CI Field Office Recruitment Coordinator training before each recruitment/hiring cycle.

9.11.4.21.3  (01-10-2012)
Field Offices and Special Agent Recruiters

  1. Each CI field office appoints one or more recruitment coordinators to oversee external special agent recruitment activity in their location. These coordinators are the point of contact with the CI HR Recruitment Program Manager and the HCO Recruitment Office full-time Recruiters.

  2. Field offices are responsible for developing their recruitment strategy and obtaining the necessary recruitment material to deliver the recruitment message. The special agent recruiters are the liaison between representatives of diverse universities, colleges and other professional organizations within their office locations and use those organizations to market the special agent position. Special agent recruiters are responsible for attending career events and other activities arranged by HR and/or their field office. Recruiters are to market the special agent position at professional, civic, social, community and other outreach events when possible.

  3. Special agent recruiters are responsible for keeping HR contact information up-to-date and inputting recruitment events into the "CI Recruitment Activity database."

  4. The CI field offices are responsible for funding career events under $1,000. For career events costing over $1,000 the field office must request funding through the CI HR staff.

  5. The CI field offices are responsible for purchasing promotional items to use for recruitment activities in accordance with IRS policy and procedures; maintaining the display booths; and ordering sufficient official marketing material to distribute at career events.

9.11.4.21.4  (01-10-2012)
IRS Full-Time Recruiters

  1. Servicewide policy requires close coordination between CI special agent part time recruiters and the IRS Human Capital Office full time recruiters to ensure that IRS is represented as one agency at career events. This requires booths to be shared between full time recruiters.


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