9.11.4  Personnel Matters

Manual Transmittal

November 07, 2012

Purpose

(1) This transmits revised IRM 9.11.4, Personnel Matters.

Material Changes

(1) Subsection 9.11.4.10 is revised to provide information on delegated authority approval for Outside Employment, as well as clarify the recent changes to the Outside Employment request procedures announced by the IRS Human Capital Office (HCO) which were approved on February 28, 2012.

(2) The updated procedures were effective April 18, 2012, pursuant to interim guidance issued by the Acting Chief, Criminal Investigation (see “Effects on Other Documents” below).

Effect on Other Documents

This IRM supersedes IRM 9.11.4 dated January 10, 2012. This IRM also incorporates procedure(s) implemented by the Acting Chief, Criminal Investigation's memorandum dated April 18, 2012, [Subject: “Outside Employment Delegation Authority Approval Updates and Requested Procedure Changes”].

Audience

Criminal Investigation

Effective Date

(11-07-2012)


Terry L. Stuart for Richard Weber
Chief, Criminal Investigation

9.11.4.1  (01-10-2012)
Overview

  1. The Associate Director, Embedded Human Resources, Headquarters (HQ) Criminal Investigation (CI) has the responsibility for developing and implementing CI's personnel management policies and procedures, in conjunction with advice from: the Office of Chief Counsel, General Legal Services (GLS); the Office of Personnel Management (OPM); IRS Human Capital Office; and US Treasury Department Personnel. Many of these policies and procedures are set forth in this section.

  2. Additional policies are set forth in IRM 9.1.4, Criminal Investigation Directives.

9.11.4.2  (01-10-2012)
Criminal Investigation Placement Programs

  1. The CI Placement Program encompasses several categories of reassignments of a Criminal Investigation (CI) employee. These reassignments could be at the employee’s request or management-initiated. Criminal Investigation strives to increase employee engagement, satisfaction, and retention through the following placement programs that provide employees with opportunities to make their needs and wishes known. These reassignments include management-initiated reassignments of CI personnel, the Hardship Reassignment process for 1811 Law Enforcement Officer and non-1811 employees, the Law Enforcement Officer Voluntary Office of Preference Program (VOPP), the Law Enforcement Officer Voluntary Reassignment in Lieu of VOPP, and rotational assignments at the National Criminal Investigation Training Academy (NCITA).

  2. Although CI management considers employee needs along with its mission, mobility remains a condition of employment for all special agents.

9.11.4.2.1  (01-10-2012)
Management-Initiated Relocation Reassignments

  1. Occasionally, an imbalance of staffing or needed skills may occur within a CI geographical area that cannot be corrected through normal attrition or the hiring process. Management may determine that the relocation of GL/GS-1811 personnel is needed to improve the effectiveness of operations. For example, management may determine that a post of duty is overstaffed or there is a significant need for experienced or highly skilled special agents in a particular location.

  2. Management will determine the best means to achieve the required balance; however, in most cases, Special Agent’s in Charge (SAC) will first solicit volunteers to relocate when faced with a staffing or skills imbalance. If the imbalance is expected to last less than 18 months, details rather than relocations will be utilized to resolve the matter.

  3. Special Agents in Charge must obtain the concurrence of the Deputy Chief, CI, prior to soliciting agents for reassignments outside their “commuting area”. The “commuting area” is defined as within a 50-mile radius of the agent’s permanent post of duty. A memorandum outlining the impact of the staffing or skills imbalance and the solicitation plan should be forwarded through the area’s Director, Field Operations to the Deputy Chief, CI.

  4. Generally, solicitations will occur as follows:

    1. All local or area-wide solicitations for management-initiated reassignments will be made by email. Management will use the CI Bulletin to make nationwide solicitations, rather than using the Service's Career Opportunities List (COL).

    2. If there are too many special agents assigned to a geographic area:
      i) The SAC will ask for volunteers from the field office to relocate or be detailed to other offices within the field office where the special agent(s) can be effectively employed.
      ii) If the special agent(s) could be more effectively employed outside of the field office, the SAC will consult with the Director, Field Operations to have special agent(s) relocated or detailed elsewhere within the area office.
      iii) The Director, Field Operations may, in turn, consult with the other Director, Field Operations to determine if the special agent(s) could be more efficiently employed elsewhere within CI.

    3. If there are too few special agents in a geographic area or agents with a special skill are needed:
      i) The SAC will ask for qualified volunteers within the field office to relocate or be detailed.
      ii) If an insufficient number of qualified volunteers are identified, the SAC will ask the Director, Field Operations to seek volunteers from throughout the area office.
      iii) If this effort is also unsuccessful, the Director, Field Operations will consult with each other when soliciting volunteers for relocation or details from throughout the nation.

    4. All solicitations for relocations will be coordinated with the affected Director, Field Operations or other executives reporting to the Chief, CI. Additionally, the concurrence of the impacted Director, Field Operations or executive reporting to the Chief, CI, is required when relocating an employee to another field office or area. The Deputy Chief, CI, will resolve any disagreements that arise from proposed involuntary relocations.

  5. Reassignments made as a result of a staffing or skills imbalance will not count as an agent’s one-time VOPP opportunity.

  6. Management will ensure that moving expenses are authorized for moves made as the result of a staffing imbalance or special skills need. In order to effect relocation(s), adequate funds must be available. The SAC in the gaining field office must obtain the necessary relocation authorization from the Associate Director, Finance before the reassignment is effected or a reporting date is established.

  7. If an insufficient number of qualified special agents volunteer for relocation, special agents may be involuntarily transferred or detailed. The Chief, CI, must approve all involuntary transfers or details.

9.11.4.2.2  (01-10-2012)
Hardship Reassignment/Relocation Program – Non 1811

  1. The Service has long been aware that there are situations that arise during an employee’s career that create a significant personal hardship which could be alleviated if the employee relocated to another office. Historically, the Service has attempted to accommodate an employee’s hardship transfer request whenever possible.

  2. Following are procedures for CI’s employees and managers and CI’s servicing employment office to follow for Hardship Reassignment/Relocation applications. This information is derived from Hardship Reassignment Guidance issued on March 20, 2006, by the Director, Employment, Talent & Security, IRS Human Capital Office.

9.11.4.2.2.1  (01-10-2012)
General Information

  1. Relocation expenses are not authorized for hardship reassignments/relocations.

  2. The Hardship Reassignment/Relocation Program cannot be used to obtain a promotion to a higher grade or to a position with a higher career ladder.

  3. Placement by the Hardship Reassignment/Relocation process is not guaranteed.

  4. The Hardship Reassignment/Relocation Application, related forms, and documentation should be e-mailed to the next office whenever possible.

  5. Upon approval of the hardship application, the employee is eligible for the Hardship Program and added to the Special Placement Programs Report. This report is updated every two weeks and is used by all servicing employment offices to check for matches between approved hardship applicants and vacancies to be filled.

  6. Employees should apply for jobs on the Career Opportunities List (COL) until their hardship is approved and they are placed on the Special Placement Programs Report. A hardship applicant can be referred for the vacancy only if the hardship application is approved on or before the closing date of the job announcement.

  7. Hardship candidates are referred only for the positions, series, and grades they identified on their application.

  8. An applicant whose position is in the same series and grade as the vacancy has priority over other hardship applicants seeking consideration in other than their own series and grade.

  9. If an employee takes a position at a lower grade level, in most circumstances pay will be computed using highest previous rate (HPR).

  10. An employee’s pay could be impacted by a move to another location (i.e., different locality pay).

  11. Employees must use approved leave for the hardship relocation.

9.11.4.2.2.2  (01-10-2012)
Applying for a Hardship Reassignment - Non 1811

  1. Employees:

    1. Employees can submit applications to their supervisor at any time of the year. A vacancy in the gaining office is not required.

    2. To apply, employees must submit:
      i. Hardship Reassignment/Relocation Application (see Document Manager),
      ii. Verifiable documentation, and
      iii. Form 4536, Application for Promotion/Reassignment.

    3. When identifying posts of duty desired on the Form 4536, order of preference should be identified if more than one location could alleviate the hardship. Only one form is required. Employees can indicate other occupational series for which they wish to receive consideration and whether they are willing to accept a lower grade.

    4. If employees wish to be considered for positions in job series other than the one they occupy, they must also submit a Form 9686, Merit Program Questionnaire (MPQ), so their qualifications can be confirmed.

  2. First-Line Supervisor and Special Agent in Charge (SAC) or equivalent

    1. The employee’s immediate manager must sign and date the completed application and attach the employee’s current performance appraisal. The supervisor will then forward the entire package to the SAC or equivalent (herein referred to as SAC). However, if preferred, the SAC can choose to have the manager simply notify him/her of the details of the hardship request.

    2. Management will forward all applications received to the Hardship Coordinator rather than screening out requests based on their assessment of the stated hardship situation.

    3. Managers should forward the completed application package to the Hardship Coordinator, Employment Section I, HardshipVopp@ci.irs.gov.

    4. Questions should be referred to the Hardship Coordinator at (513) 263-4474.

9.11.4.2.2.3  (01-10-2012)
Documentation

  1. The employee must provide verifiable documentation justifying the hardship request (e.g., physician’s letter, letter from fiancée, letter from spouse’s employer, and/or letter from special education facility, etc.). The documentation must explain why the move has to be to the location identified. The employee must also keep his/her manager and the Hardship Coordinator apprised of any changes in the situation causing the hardship.

9.11.4.2.2.4  (01-10-2012)
Examples of Hardship Situations

  1. Examples of hardship situations or circumstances are listed below. This list is not intended to be all-inclusive. There may be other situations when the totality of circumstances constitutes a hardship situation.

    Note:

    In cases involving special agents attending Special Agent Basic Training (SABT), the hardship must not have been present at the time the final job offer and post of duty were offered and accepted.

    1. The employee or employee’s immediate family is experiencing a significant hardship. "Immediate family" refers to spouses, parents (or legal guardians), brothers, sisters, and children. "Step" relationships and life partners are included in the definition of immediate family.

    2. If medical in nature, the hardship must be serious, affecting major life functions, and not treatable in the employee’s current location. For example, a severe condition of hay fever that might be alleviated by relocation to another geographic area would not be considered a significant hardship unless the employee’s condition is so severe that it cannot be alleviated or controlled by recognized medical treatment.

    3. Access to a hospital that specializes in treatment of a specific life threatening disease or condition would qualify as a hardship, even though there is a general care hospital in the employee’s current location.

    4. Access to special educational facilities (for example, schools for hearing or visually impaired) would be considered a significant hardship if there is no equivalent facility in the employee’s present location.

    5. Employment-related situations that constitute a hardship situation include any spouse, fiancée, or life partner being offered the choice of relocation or unemployment, receiving a promotion opportunity in another location, losing a job and receiving a job offer in another location, or receiving military orders to relocate.

9.11.4.2.2.5  (01-10-2012)
Hardship Eligible Status

  1. Employees with approved hardship applications have the status of a hardship eligible and their information is added to the Special Placement Programs Report. Eligibility does not mean the employee has a job in their desired POD at this point. The Special Placement Programs Report is updated and issued every two weeks. Employment offices use this report to check for matches between hardship applicants and vacancies.

  2. If more than one hardship applicant request is listed on the Special Placement Programs Report for the same location, same series, and same grade, order of consideration is determined by the earliest approval date.

  3. Hardship applicants who have the same series and grade as the vacancy have priority over other hardship applicants seeking consideration in other than their own series/grade.

  4. If a vacancy is announced, a hardship applicant can be referred for the vacancy only if the hardship was approved on or before the closing date of the job announcement.

9.11.4.2.2.6  (01-10-2012)
Hardship Coordinator’s Responsibilities

  1. The Hardship Coordinator is available to answer questions from managers and employees. The Hardship Coordinator will also:

    1. Ensure that CI employees requesting hardship transfers are made aware of appropriate referral procedures, options, time frames, the status of their request, etc.

    2. Review the application package to ensure all the required forms are present and adequate supporting documentation is included to support the hardship relocation request.

    3. Perform qualification determinations on series and grades identified by the hardship applicant.

    4. Prepare a recommendation to approve or deny the request for the approving official after reviewing the hardship application and considering the hardship justification.

    5. Monitor the movement of the application through the approval process.

    6. Notify the applicant through the supervisor/SAC of approval or disapproval of the hardship request.

    7. Notify supervisor/SAC of available vacancies.

    8. Place information for approved applications on the Special Placement Programs Report.

    9. Forward an employee's hardship application and supporting documentation for positions outside of CI to the gaining employment office when requested.

    10. Obtain recertification from employees by December 31 of each year if their hardships still exist. If an employee withdraws from the hardship program, the Coordinator will update Special Placement Programs Report.

  2. Questions should be referred to the Hardship Coordinator at (513) 263-4474.

9.11.4.2.2.7  (01-10-2012)
Management Reviews

  1. Reviewing Officials Role
    The losing Director, Field Operations or other executive reporting to the Chief Notes whether the employee is currently the subject of a known conduct investigation.
    The gaining Director, Field Operations or other executive reporting to the Chief Verifies that work is available and the employee can be place in the position requested at this time.
    The Associate Director, Planning and Strategy Verifies ASP and On-Rolls to ensure a vacancy exists.

9.11.4.2.2.8  (01-10-2012)
Approval Authority

  1. The Chief or Deputy Chief, CI, is the approving official for all hardship transfer applications from special agents who have completed basic training and all other CI personnel.

9.11.4.2.2.9  (01-10-2012)
Overview of the Routing of the Hardship Reassignment/Relocation Application

  1. The employee submits the required paperwork to his/her supervisor.

  2. The SAC or supervisor forwards signed and completed forms and a current performance appraisal to the Hardship Coordinator.

  3. The Hardship Coordinator determines the losing, gaining, and approving officials, completes the recommendation section, and forwards the application to the losing official.

  4. The losing official forwards the application to the gaining official.

  5. After the gaining official signs, the application is forwarded back to the Hardship Coordinator. After review, an Action Routing Sheet is attached to the application and forwarded to the Director, Strategy.

  6. The application is then routed through the appropriate reviewing and approving officials in headquarters.

  7. After the approval/disapproval decision is made, the application is returned to the Strategy Office point of contact, where the completed application is forwarded to the Hardship Coordinator for necessary action.

9.11.4.2.2.10  (01-10-2012)
Annual Recertification

  1. Applications are kept on file in the Cincinnati Employment Branch and maintained until the end of the calendar year. In order to continue to receive consideration in the following year, employees must provide their supervisors with a written statement verifying that the hardship still exists along with updated documentation, their most recent performance appraisal and, if needed, an updated MPQ.

9.11.4.2.2.11  (01-10-2012)
Reassignment/Relocation Actions

  1. If an employee’s application is approved and a vacancy is available, the gaining office will initiate a Personnel Action Request (PAR) within HR Connect. If the gaining office is within CI, the PAR should contain the following remark: "If required, announce as CTAP only, for the hardship of (employee’s name)."

9.11.4.2.2.12  (01-10-2012)
Reporting and Effective Dates

  1. Special Agents in Charge may not authorize a hardship reassignment or relocation or establish a reporting or effective date until the Hardship Coordinator reports that the employee’s application is approved and a vacancy is available.

9.11.4.2.2.13  (01-10-2012)
Financial Operating Guidelines

  1. Unless the hardship reassignment applicant accepts a position at a lower grade, employees can only be placed into vacant positions in their current job series at the journey level or, if currently below journey level, up to the employee’s current grade. Hardship recipients who are above the journey level may be limited to positions in their current occupation at the journey level.

  2. If the employee takes a change to lower grade, in most circumstances his/her pay will be computed using the highest previous rate.

  3. Criminal Investigation may attempt to accommodate a hardship eligible by offering assignment to a position in another series or occupation when it is determined that the employee is qualified and there is no vacancy in the employee’s current series.

  4. Refer to the Financial Operating Guidelines policy on transfer of funds and FTE in or out of CI’s financial plan.

9.11.4.2.3  (01-10-2012)
GS-1811 Law Enforcement Officer Hardship Reassignment/Relocation

  1. The Law Enforcement Officer Hardship Reassignment/Relocation Program applies to current special agents requesting to move to another 1811 position located in an office outside their current commuting area.

  2. Placement through the CI Hardship Reassignment/Relocation process is not guaranteed.

  3. When the appropriate approving official approves a hardship, the special agent is eligible for placement through the Hardship Program. Eligibility does not mean the special agent can relocate to the preferred location nor does it guarantee placement. For an agent to be reassigned, the gaining field office must have a vacancy and sufficient workload in the desired office.

  4. Moving expenses are not authorized for hardship reassignments/ relocations.

  5. The Law Enforcement Officer Hardship Reassignment/Relocation Program cannot be used to obtain a promotion.

  6. The hardship application, related forms, and documentation must be e-mailed to the next office.

  7. A special agent’s pay could be impacted by a reassignment to another location (i.e., different locality pay).

  8. Special agents must use approved leave for the hardship relocation.

  9. If a special agent and his/her spouse both have careers in the IRS and one undertakes a new assignment involving a relocation in the interest of the government, the Service will generally accommodate the spouse in the new location. However, placement must be made within existing organizational structures and staffing and cannot result in either spouse being in a position to influence an administrative decision or action affecting the other.

9.11.4.2.3.1  (01-10-2012)
The Impact of Mobility on Hardship Applications

  1. While CI management will consider employee needs along with its mission when considering a hardship application, mobility remains a condition of employment (COE) for all special agents. The mobility condition means that throughout their careers regardless of grade and title, special agents may be detailed or reassigned anywhere within the Service’s jurisdiction as the needs of the Service dictate. As a result, the mobility requirement and the need for 1811s in mission critical locations will generally preclude hardship relocations. Some examples of situations CI will consider follow:
    i. In the most acute medical circumstances,
    ii. When the 1811’s spouse is relocated within the United States based on military orders, or
    iii. When the 1811’s spouse, who is also a Federal law enforcement officer, is ordered to relocate within the United States.

    Note:

    NOTE: Even after a hardship application is approved and the agent has moved to the requested location, the mobility requirement remains in effect.

  2. Hardships will generally not be approved for:

    1. a spouse/life partner’s employment situations other than those listed above,

    2. assuming caretaker duties except in the most acute medical circumstances,

    3. births or seeking child care assistance, or

    4. changes in marital status except as noted above.

  3. In cases involving new agents attending Special Agent Basic Training (SABT), the hardship must not have been present at the time the individual accepted CI’s final job offer and post of duty.

9.11.4.2.3.2  (01-10-2012)
Other Relocation Options for 1811s

  1. Special agents whose personal situation will not qualify as a hardship have other avenues to pursue a move to a desired location. Agents can apply for relocation to resolve personal situations through the Law Enforcement Officer Voluntary Office of Preference Program. Each year, CI announces an open period when GS-1811 employees at the journey level and above can submit a request for a voluntary reassignment to a field 1811 position in a preferred office location in the same or different field office.

  2. On rare occasions, management may consider other requests for relocation outside of the VOPP. Special agents can submit an in-lieu-of-VOPP reassignment request (Form 13851 (Rev. 05-2011)) at any time during the year if they are not eligible for VOPP or are eligible but did not apply under the annual VOPP announcement. The request form is available on Document Manager. Criminal Investigation’s general expectation, however, is that agents will remain in their current commuting area for a minimum of four years, unless management has a need to move them. The VOPP and in-lieu-of-VOPP options are two means available to agents wishing to request relocation for personal reasons, consistent with CI’s needs.

9.11.4.2.3.3  (01-10-2012)
Applying for a Hardship Reassignment

  1. Special agents can submit hardship applications to their supervisor at any time of the year. The gaining field office or requested post of duty does not have to have a current vacancy in order to apply; however, the agent cannot be reassigned to the preferred location unless a vacancy opens and sufficient workload is available. To apply, special agents must submit:

    1. 1811 Hardship/In Lieu of VOPP Reassignment/Relocation Application (see Document Manager),

    2. Verifiable documentation, and

    3. Form 4536, Application for Promotion/Reassignment

  2. When identifying desired posts of duty on the Form 4536, the order of preference should be identified if more than one location could alleviate the hardship.

9.11.4.2.3.4  (01-10-2012)
Documentation

  1. The special agent applicant must keep his/her manager and the Hardship Coordinator apprised of any changes in the hardship situation.

  2. So that management can properly consider hardship applications related to the agent’s own or a family member’s medical condition, special agents must include detailed medical documentation from the treating physician explaining:

    1. The diagnosis, prognosis, and treatment plan for all conditions.

    2. The extent and expected duration of limitations to major life activities.

    3. The reason specialized treatment can only be given in the requested area if different from the agent’s current location.

    4. The reason and extent to which a caregiver is needed.

  3. Additionally, hardship applicants should submit a copy of the military or Federal agency relocation orders for situations involving a directed move of a spouse or life partner.

9.11.4.2.3.5  (01-10-2012)
Hardship Eligible Status

  1. Upon approval of the hardship application by the authorized approving official, the special agent is eligible for reassignment through the Hardship Program. Eligibility does not allow the special agent to relocate to their desired location nor does it guarantee placement. Agents who are eligible for reassignment due to a hardship situation will be referred for vacancies once CI decides to fill the position and verifies sufficient workload is available.

  2. If an immediate reassignment cannot be made for business reasons (e.g., no vacancy in the preferred location, insufficient work, etc.), the special agent’s name is added to the Special Placement Programs Report, a listing that CI’s servicing Employment office updates every two weeks. Employment offices use this report to check for matches between hardship eligible’s and identified vacancies.

  3. When a vacancy is announced, a hardship applicant can be referred for the vacancy only if the hardship was approved on or before the closing date of the job announcement.

9.11.4.2.3.6  (01-10-2012)
Hardship Coordinator’s Responsibilities

  1. The Hardship Coordinator will:

    1. Answer questions from managers and special agents.

    2. Ensure that CI special agents requesting hardship transfers are made aware of application procedures, options, and the status of their request.

    3. Review the application package to ensure all the required forms are present and suitable documentation is included to support the hardship relocation request.

    4. For requests from special agents attending SABT, verify the hardship was not present at the time the final job offer and post of duty were offered and accepted.

    5. Make an approval/disapproval recommendation after reviewing the hardship application and considering the hardship justification.

    6. Obtain appropriate input from the losing and gaining Directors, Field Operations or other executive reporting to the Chief, CI.

    7. Forward the application package to CI Headquarters for appropriate analysis, reviews and recommendations and monitor the movement of the application through the review and approval process.

    8. Maintain a file containing all relevant information related to the hardship request including but not limited to:

      • The special agent’s application and supporting documentation.

      • Technical analyses completed in the review process.

      • Correspondence to and from the applicant.

      • The completed application showing the final approval/disapproval decision.

    9. Notify the applicant through the supervisor/SAC of the approval/disapproval determination.

    10. Place information for approved applications for which there is no vacancy on the Special Placement Programs Report and make appropriate referrals.

    11. Obtain recertification from special agents by December 31 of each year to determine if their hardships still exist. If an agent withdraws from the Hardship Program, the Coordinator will update the Special Placement Programs Report.

9.11.4.2.3.7  (01-10-2012)
Management Reviews

  1. Reviewing managers must not screen out hardship applications based on their assessment of the stated hardship situation or make reporting arrangements with other managers or field offices. Only CI’s authorized approving officials can approve or disapprove a hardship application.

  2. The Supervisory Special Agent (SSA) must sign and date the completed application and attach the agent’s current performance appraisal. The SSA will forward the entire package to the SAC or equivalent for review. (At the SAC’s discretion, SSAs may simply notify him/her of the details of the hardship request.) The completed application package must be e-mailed to the Hardship Coordinator. Managers can refer questions to the Hardship Coordinator at (513) 263- 4474.

  3. The Hardship Coordinator will forward the hardship application file to the officials noted below and monitor the movement of the hardship file through the review and approval process.

    Reviewing Officials Role
    The losing Director, Field Operations or other executive reporting to the Chief Notes whether the special agent is currently the subject of a known conduct investigation and includes any necessary information for the approving official.
    The gaining Director, Field Operations or other executive reporting to the Chief Reviews the application, notes whether sufficient work is available in the requested location, and includes any necessary information for the approving official.
    The Director, Strategy Either,
    • Makes approval decision if the hardship applicant is attending or has graduated within the last six months from Special Agent Basic Training at the National Criminal Investigation Training Academy (NCITA), Or

    Or
    • Forwards a recommendation to the approving official on all other hardship applications after:

    1. Reviewing a technical analysis of the gaining and losing field offices.

    2. Reviewing the applicant’s hardship and the generally accepted hardship situations set out in this document.

    Chief or Deputy Chief, Criminal Investigation Makes approval decision for all the hardship applications except those filed by agents attending Special Agent Basic Training at NCITA or who have graduated within the last six months.

9.11.4.2.3.8  (01-10-2012)
Overview of the Routing of the Hardship Reassignment/Relocation Application

  1. The employee electronically submits the required paperwork to his/her supervisor.

  2. The SAC or supervisor e-mails the signed and completed forms and a current performance appraisal to the Hardship Coordinator in the servicing Employment Office.

  3. The Hardship Coordinator determines the losing, gaining, and approving officials, completes the Recommendation Section, and forwards the application to the losing official.

  4. After signing the form, the losing official forwards the application to the gaining official.

  5. After the gaining official signs, the application is forwarded to the Hardship Coordinator, who will monitor the movement of the hardship file through the headquarters’ review and approval process. The Coordinator will email the hardship file and an Action Routing Sheet to the Director, Strategy.

  6. The Director, Strategy will make the approval/disapproval decision or forward the hardship file to the Deputy Chief, CI.

  7. After making the approval/disapproval decision, the approving official will return the complete file to the Strategy office for appropriate action.

9.11.4.2.3.9  (01-10-2012)
Approval Authority

  1. The approving official will consider the totality of the agent’s situation and circumstances, the mobility COE, and the needs of the Service when determining the proper resolution of the hardship application.

  2. The Director, Strategy is the approving official for applications submitted by special agents attending or graduated within the last six months from Special Agent Basic Training at the National Criminal Investigation Training Academy.

  3. The Chief or Deputy Chief, CI is the approving official for all other hardship applications.

9.11.4.2.3.10  (01-10-2012)
Reporting and Effective Dates

  1. Special agent must not act on or make any plans to move until their reassignment has been properly authorized.

  2. Special Agents in Charge cannot authorize a hardship reassignment or relocation or establish a reporting or effective date until the Hardship Coordinator reports that:

    1. The employee’s application is approved; and

    2. A vacancy is available.

9.11.4.2.3.11  (01-10-2012)
Reassignment Actions

  1. If an employee’s hardship application is approved, a vacancy and sufficient work is available, and the agent’s placement is authorized, the gaining office will initiate a Personnel Action Request (PAR) within HR Connect and include the following remark: “If required, announce as CTAP only, for the hardship of (employee’s name).”

9.11.4.2.3.12  (01-10-2012)
Financial Operating Guidelines

  1. Nonsupervisory, field special agents whose application is approved and relocation is authorized will be reassigned at their current grade level.

9.11.4.2.3.13  (01-10-2012)
Annual Recertification

  1. Applications are kept on file in the Cincinnati Employment Branch and maintained until the end of the calendar year. In order to continue to receive consideration in the following year, employees must provide their supervisors with a written statement verifying that the hardship still exists along with updated documentation and their most recent performance appraisal.

9.11.4.2.4  (01-10-2012)
Law Enforcement Officer Voluntary Office of Preference Program

  1. Once each year, CI will have an open period when GS-1811 employees may submit a request for a voluntary reassignment to a field special agent position in a preferred office location in the same or different field office. Employees can apply only during the open period. The CI Embedded HR Office will issue a written announcement prior to the open period that will explain the application procedures.

  2. Recognizing management’s responsibility to balance organizational needs with an agent’s desire to relocate, the Voluntary Office of Preference Program (VOPP) is designed as another placement instrument that can be utilized by CI to provide a benefit to both management and employees. Many factors will be considered when making placement decisions, including grade level mix, expertise of the workforce, and special qualification needs. Criminal Investigation will avoid placements that result in an imbalance of senior agents and trainees in either the gaining office or the losing office.

  3. Nothing in the following procedures will preclude CI management from filling vacant positions by any other option available to them. Management retains the right to reassign employees noncompetitively, even if they have not applied through VOPP. However, after hardship and other priority programs are cleared, VOPP moves will generally take precedence over non-VOPP moves. Furthermore, if an agent requests and receives a voluntary reassignment outside of VOPP, it will count as that agent’s one-time-only VOPP placement.

  4. The Deputy Chief, CI must approve non-VOPP requests for voluntary reassignments (lateral moves) outside the commuting area. Voluntary reassignments between Posts of Duty (PODs) within the same commuting area may be made at the discretion of the SAC.

  5. Relocation expenses are not authorized for the Voluntary Office of Preference Program. However, moving expenses are authorized if a reassignment in lieu of VOPP is approved and the relocation is made pursuant to an open vacancy announcement under which moving expenses are authorized. Also, moving to a different POD under VOPP does not necessarily require the employee to change residence.

9.11.4.2.4.1  (01-10-2012)
Procedures for VOPP Applications

  1. Each year, the open announcement period will occur in January and will close 30 days from the opening date that the announcement was posted.

  2. Interested employees must submit a Form 4536 (Application for Promotion/ Reassignment) and a Form 9686 (Merit Program Questionnaire) to their supervisor during the open period. The employee’s supervisor will promptly forward the signed and completed forms, along with a current performance appraisal with the Retention Standard, to the VOPP Coordinator, HardshipVopp@ci.irs.gov. Questions may be referred to the VOPP Coordinator at (513) 263 4474.

  3. Employees should submit a separate Form 4536 for each field office for which they are interested. Additionally, every POD within the field office for which an employee wishes to be considered must be listed in Section 11, desired POD. Employees may request moves to PODs in different field offices or to PODs outside the current commuting area in the employee’s current field office. A list of available PODs will be included with the announcement.

  4. The VOPP Coordinator will verify that interested employees meet the eligibility requirements of this program. Employees will be placed on a list by POD based on seniority as determined by their Law Enforcement Officer (LEO) retirement date. Employees will be notified of their rank order on the list after it is established and will remain on the list until they are selected or withdraw. Each year, new applicants to the program will be added in rank order by LEO date to the bottom of each of the prior years’ POD lists.

  5. To withdraw their name from consideration, employees can submit a written statement or e-mail to the VOPP Coordinator in the Cincinnati Employment Branch. If an employee declines a placement made through the VOPP, his/her name will be removed from all lists. The employee may reapply during the next open period, but he/she will be considered a new applicant.

  6. Personnel will request updated evaluations if the appraisal accompanying the application is more than one year old, and will review the Alerts database to verify that the applicant has not been disqualified for disciplinary or performance reasons.

  7. After each year’s list of interested agents is compiled, the Cincinnati Employment Branch will distribute all the lists to the Directors, Field Operations and HQ Executives. The Director, Field Operations and HQ Executives will meet on a periodic basis to coordinate the placement of agents in preferred cities whenever possible. However, placements can be made at any time deemed appropriate by CI management. Personnel will provide an applicant’s paperwork to SACs and executives upon request.

  8. Individuals will be placed in preferred cities in rank order. An individual can be by-passed for a VOPP reassignment for valid business reasons (e.g., need for special qualifications such as a foreign language, balancing organizational stability, and maintaining an acceptable grade level mix). However, the Deputy Chief must concur in these cases.

  9. To initiate a placement under this program, the gaining office should submit a reassignment PAR (Personnel Action Request) in HR Connect to the Cincinnati Employment Branch. The following comment should appear in the Remarks section: “Placement of SA Xxxx Xxxxx under the VOPP.” (Please note that all required programs, such as CTAP, Priority Placement Program (PPP), Priority Consideration (PC), and hardship requests, must be cleared before any reassignment action is taken.)

  10. The VOPP coordinator will notify the gaining SAC once all clearances have been made. The SAC can then contact the “losing” SAC and Director, Field Operations (if the move is to a different field office) to determine a mutually agreeable reporting date. Placements, effective dates, and reporting dates may not be finalized without the involvement of the VOPP Coordinator in the Cincinnati Employment Branch. Generally, once an agent is informed that his/her placement application has been approved, the agent is expected to report to the new office within 90 days, unless there are valid business reasons to delay the reporting date.

9.11.4.2.4.2  (01-10-2012)
Eligibility Criteria

  1. For a GS-1811 employee to be eligible for a VOPP assignment, all of the following conditions must be met:

    1. The employee must be at or above the journey level (GS 12 or GS 13).

    2. The employee must have at least four years experience as a special agent by the closing date of the announcement.

    3. The employee must be on a full-time work schedule as of the closing date of the announcement and at the time of placement.

    4. The employee must have worked in his/her current commuting area for at least four years.

    5. The employee has not been granted a previous VOPP or in-lieu-of-VOPP placement. This is a one-time benefit.

      Note:

      If an agent requests and receives a voluntary reassignment outside of VOPP (but not under hardship or other priority program provisions), it will count as that agent’s one-time-only VOPP placement.

    6. The employee’s most recent performance appraisal rating (as of the closing date of the announcement) must be at least fully successful.

    7. The employee has not received a letter of reprimand within the last two years or been subject to a disciplinary/adverse action or a performance-based action within the last three years (as of the closing date of the announcement and at the time of placement).

      Note:

      An admonishment does not make an employee ineligible for VOPP.

    8. The employee is not currently the subject of a known conduct investigation or serving an opportunity period to improve performance (as of the closing date of the announcement and at the time of placement).

9.11.4.2.4.3  (01-10-2012)
Requesting a Voluntary Reassignment in Lieu of VOPP

  1. GS-1811 employees may submit a voluntary request for reassignment in lieu of VOPP if they are:

    1. not eligible for VOPP, or

    2. otherwise eligible for VOPP but did not apply under the annual VOPP announcement, or

    3. applied for VOPP but are now interested in different PODs for which they did not apply under the VOPP announcement

  2. Employees must submit requests for a voluntary reassignment to their supervisors in writing, using the 1811 Hardship/In Lieu of VOPP Reassignment/Relocation Application (Form 13851, Rev. 05-2011) (see Document Manager). Applications for reassignment (not promotion) under a Career Opportunities List (COL) announcement are also considered requests for voluntary reassignments in lieu of VOPP. Therefore, a copy of the request must be submitted along with the Application for Promotion/Reassignment, Form 4536.

  3. The request will state the employee’s personal reasons for wanting to move to a different POD and will acknowledge that approval of the reassignment will not entitle the employee to moving expenses unless the relocation is made pursuant to an open vacancy announcement under which moving expenses are authorized. While the requested move may, coincidentally, make good business sense, the written request should not identify solely business reasons for the move.

  4. The supervisor will identify any business issues related to the request and forward the request through the SAC and Director, Field Operations to the VOPP Coordinator, Cincinnati Employment Branch, Cincinnati Employment Section I, at HardshipVopp@ci.irs.gov.

  5. The VOPP Coordinator will check if there are any candidates for the special agent position in the requested POD with higher eligibility based on CTAP, Priority Placement, Priority Consideration, hardship, or VOPP.

  6. The VOPP Coordinator will obtain recommendations from the SAC/Director, Field Operations for the requested post of duty (if different from the employee’s current SAC/Director, Field Operations), and will transmit the request to the Deputy Chief for approval or disapproval.

  7. After the Deputy Chief’s determination, the VOPP Coordinator will notify the employee through his/her supervisor, as well as the losing and gaining SACs, of the decision.

9.11.4.2.5  (01-10-2012)
Rotational Assignments at the National Criminal Investigation Training Academy

  1. A special agent who completes instructor assignments at the NCITA, will be allowed to choose a vacant POD for assignment after completion of his/her rotational assignments. If a vacancy exists, generally his/her request will be honored.

  2. The NCITA rotational assignments in Glynco, Georgia, are NCITA instructor teaching NCITA classes and instructor for the Federal Law Enforcement Training Center (FLETC). The minimum term for these assignments is three years.

  3. A special agent who completes one of these rotational assignments will be reassigned to a non-management, GS-13 field special agent vacancy at the conclusion of his/her assignment. A special agent may choose a new location from the list of CI PODs maintained by NCITA; or, if preferred, he/she will be allowed to return to his/her previous POD barring a valid business reason (i.e., POD to be closed). The Associate Director, Planning and Strategy, will be advised of the selected location. The Deputy Chief, CI, must concur if an agent’s choice cannot be accommodated.

  4. Agents rotating out of NCITA should contact the CI relocation coordinator, Office of Finance (CI:S:F) for the latest relocation policies to ensure they are fully aware of their entitlements and any current program restrictions.

  5. To initiate a reassignment under this program, the gaining SAC’s field office should submit a Personnel Action Request (PAR) within HR Connect, to the Cincinnati Employment Branch. The following comment should appear in the Remarks section: Reassignment and NCITA relocation for SA Xxxx Xxxxx.”

  6. These reassignments will be completed prior to utilizing the VOPP to fill vacancies. Please note, however, that all other required programs, such as, CTAP, Priority Placement Program (PPP), Priority Consideration (PC), and hardship transfer requests must be cleared before any reassignment action is taken.

  7. Management must ensure relocation expenses are authorized for moves to and from rotational assignments at the NCITA.

9.11.4.3  (08-05-2005)
Disciplinary Action

  1. A SSA may encounter a situation for which disciplinary action of a CI employee should be considered. The SSA will always consult with the Assistant Special Agent in Charge (ASAC), SAC, and Employee/Labor Relations before taking any such action.

9.11.4.3.1  (01-10-2012)
Use of Administrative Leave in Conduct-Related Disciplinary or Adverse Action Cases

  1. Administrative leave is defined as the placement of an employee in a non-duty status without charge to leave or loss of pay.

  2. Management should generally limit the granting of administrative leave to short, rather than long or substantial, periods of time. Management should not approve extended periods of administrative leave that are inappropriate or unwarranted.

  3. Management will decide to place an employee on administrative leave only in cases involving serious misconduct. This status will not be used in cases involving less than adverse actions or when the allegation being investigated appears to be less serious.

  4. Administrative leave is not a substitute for proposing and effecting an adverse action. Management is expected to expeditiously deal with the underlying misconduct and propose appropriate disciplinary or adverse action with the support of the servicing L/ER specialist.

  5. Administrative leave is not appropriate in matters relating to employee performance.

9.11.4.3.2  (01-10-2012)
Appropriate Uses for Conduct-Related Administrative Leave

  1. The placement of an employee on limited administrative leave is appropriate when no alternative to retention of the employee in a duty or approved leave status is possible.

  2. When an employee’s removal or suspension is proposed in conduct-related situations, the employee is normally carried in a duty status during the notice period. However, in rare circumstances management may determine that the employee’s continued presence in the workplace could pose a threat to him/herself or others, result in loss of or damage to Government property, or otherwise jeopardize legitimate Government interests. In such situations, 5 CFR 752.404 authorizes, among a number of alternatives, the placement of an employee on limited administrative leave for such time as is necessary to complete and finalize the proposed adverse action (removal or suspension).

  3. Administrative leave may be considered when the Treasury Inspector General for Tax Administration (TIGTA) is investigating allegations of threatening behavior, violence in the workplace, or illegal behavior.

  4. Prior to making the decision to place a CI employee on administrative leave, managers will explore other options such as detailing the employee to another field office or business unit, assigning the employee to performing miscellaneous support work, or assigning special agents to non-law enforcement duties. When a CI employee’s continued presence in the workplace during the notice period may pose a threat to the CI employee or others, result in loss of or damage to government property, or otherwise jeopardize legitimate government interests, CI management may elect one or a combination of the following alternatives pursuant to 5 CFR §752.404(b)(3):

    1. Assign the employee to duties where he/she is no longer a threat to safety, the agency mission, or to government property.

    2. Allow the employee to take leave (annual, sick, or leave without pay).

    3. Carry the employee in the absent without leave (AWOL) status if the employee has absented himself/herself from the work site without requesting leave.

    4. Curtail the notice period when management can invoke the crime provision under 5 CFR §752.404(d)(1). This provision may be invoked even in the absence of judicial action if the agency has reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment may be imposed and a nexus is established between the alleged crime and the efficiency of the IRS.

    5. Place the employee in a paid, non-duty status (administrative leave) for such time as is necessary to effect the action.

  5. In evaluating the viability of alternatives to administrative leave, managers should thoroughly consider such factors as:

    1. the employee’s position and duties

    2. access to sensitive equipment, information, or data systems

    3. security clearance or level of public trust

    4. the availability or development of other work or duties

    5. the impact of his/her continued presence in the workplace

    6. the level of security that is or is not available, and similar factors

    7. the costs and notoriety of extended paid non-duty status versus retention in a work status

    8. the impact on the investigation process

    9. the subsequent adjudication of any adverse personnel action or legal action

9.11.4.3.3  (01-10-2012)
Approval Authority

  1. Prior to placing employees on conduct-based administrative leave, management will contact and consult with their servicing L/ER specialist. In emergency situations requiring the immediate removal of a potentially dangerous or disruptive employee, the first-line manager can place an employee on administrative leave for up to eight (8) hours without prior approval or consultation. In such situations, the manager must obtain the retroactive concurrence of his/her manager and consult with the servicing L/ER specialist as soon as possible but no later than the next work day. The manager will subsequently prepare the documentary record outlined in IRM 9.11.4.3.4.

  2. Special Agents in Charge, Resident Agents in Charge (RAC), and Headquarters Directors have the approval authority to place a CI employee on administrative leave for up to three (3) days in one pay period as a result of misconduct.

  3. The appropriate Director, Field Operations or Headquarters Executive reporting to the Chief, CI, after consulting with an L/ER specialist, is authorized to extend the period of administrative leave as necessary. However, he/she will promptly notify the Deputy Chief, CI of the circumstances and justification for the administrative leave.

9.11.4.3.4  (01-10-2012)
Documentation and Reviews

  1. The leave-approving manager, with the assistance of the servicing L/ER specialist, will maintain, as necessary, follow-up contacts with TIGTA, General Legal Services (GLS) and other parties to assure that all the major stakeholders involved in the situation are kept fully informed.

  2. Managers are responsible, with the assistance of their servicing L/ER specialist, for developing and maintaining a documentary record for decisions placing an employee on conduct-related administrative leave.

  3. The existing Commissioner’s 1203 Review Board reviews instances of extended administrative leave. Where administrative leave guidelines and other leave and disciplinary or adverse action procedures and policies are not met, the Business/Operating Unit will be advised to re-examine the situation and take appropriate follow-up action.

  4. See IRM 6.600.1, Leave Administration and Work Scheduling, for additional guidance on the processes and principles to be followed for conduct-related administrative leave actions.

9.11.4.4  (08-05-2005)
Arrest and Conviction of Law Enforcement Officer

  1. Since law enforcement officers are held to a higher standard, CI implemented a policy requiring a special agent to promptly report if he/she is arrested. The GS-1811 law enforcement personnel in CI must report any and all arrests to his/her first-line manager no later than the next scheduled workday. The notification can be made verbally or in writing and will include the date of the arrest, the specific offense for which the arrest was made, and the name and address of the law enforcement agency making the arrest. If available, the employee will provide management with a copy of the arrest report. Excluded from this requirement are traffic violations that result in fines of less than $150 and that do not result in the loss of driving privileges.

  2. The first-line manager will ensure this information is promptly reported to TIGTA and to his/her SAC (or equivalent). Treasury Inspector General for Tax Administration will be responsible for obtaining the arrest report if not provided by the employee and any other pertinent documents. Treasury Inspector General for Tax Administration will also conduct any other necessary investigation into the matter. Based upon the initial review, TIGTA may conduct a full investigation or may refer the matter back to CI for administrative handling.

  3. It is important to note that decisions relative to employment will not be based upon the fact that the employee was arrested. Rather, the arrest information may form the basis for further investigation into the circumstances surrounding the matter. However, an employee who fails to report an arrest to management could be subject to disciplinary action.

9.11.4.4.1  (08-05-2005)
Felony Conviction of Federal Law Enforcement Officer

  1. The 2001 Treasury and General Government Appropriation Act includes a provision that requires removal of a Federal law enforcement officer (LEO) who is convicted of a felony that is entered by a Federal or state court. This provision was effective January 20, 2001, and applies to a felony conviction of any CI employee in the GS-1811 job series that occurs after that date.

  2. The special agent will receive written notice of the impending removal no later than five calendar days after CI receives notice of the felony conviction and confirms its validity. The normal 30-day advance notice for an adverse action will not apply.

  3. The special agent will still have an opportunity to reply to the proposed removal, the right to be represented by an attorney or other representative, and the right to a written decision letter. In the reply, the special agent can only respond on the limited grounds of whether:

    1. the special agent is a LEO

    2. the special agent was convicted of a felony

    3. the felony conviction was overturned on appeal

  4. The removal must be effected on the last day of the first full pay period after the agency receives notice of the felony conviction. Neither delay in receiving written notice of the impending removal nor the filing of an appeal of the conviction can delay the effective date of the removal.

  5. If a special agent, who has been removed under this provision, is successful in having the conviction overturned on appeal, the IRS will retroactively set aside the removal, and the employee will be entitled to back pay for the period in which the removal was in effect.

  6. While the law mandates that the special agent be removed from holding a law enforcement position, the IRS has the discretion to allow the special agent to continue in Federal employment. If a suitable vacancy is available immediately and the special agent meets all qualification requirements to be placed in the position, reassignment to the non-law enforcement position must be made by the last day of the first full pay period after the agency receives notice of the felony conviction.

  7. The IRS is not required to cancel or delay a removal or reassignment action it was already taking or had taken under other adverse action provisions, so long as the special agent is out of the law enforcement position by the required date.

9.11.4.4.2  (08-05-2005)
Lautenburg Amendment

  1. The Lautenberg Amendment makes it illegal for a person convicted of a misdemeanor crime involving domestic violence to possess a firearm.

  2. A special agent is required to advise his/her first-line manager if he/she was convicted or plea nolo contendre to a domestic violence charge.

9.11.4.5  (08-05-2005)
Special Agent Schedule A Appointments

  1. These positions are similar to special agent positions in the competitive service. However, the individual appointed must be required to perform highly skilled and sensitive investigations without the knowledge of the person(s) under investigation. The investigations involved in these assignments are of an unusual nature and require investigative skills for which it is impractical to examine.

  2. Typically, a Schedule A appointee will be directly responsible to HQ CI, rather than the normal supervisory echelons within the areas to which he/she is assigned.

  3. The Chief, CI, has the sole authority to approve selections to the position of Criminal Investigator (special agent) under the authority of Schedule A, 5 CFR §213. See IRM 6.300.2, Special Employment Program. No more than five positions will be filled concurrently using this appointment authority.

  4. Submission of a request for a Schedule A appointments will be submitted to the Chief, CI. Such requests will include a sufficiently detailed description of the assignment without compromising either the appointee or the assignment itself. Personnel Action Requests (PAR), for a selection under this appointing authority must include a reference to the approved request by the Chief, CI, in the remarks section, and be accompanied by the approved request containing the signature of the Chief, CI.

    1. The authority to approve and effect final personnel actions for appointments, position changes, and separations for centralized positions is retained at HQ. No commitments or personnel actions involving such positions will be made or taken by field officials without prior approval of the Chief, CI.

    2. Personnel Action Requests relating to centralized positions will be submitted to the Chief, CI, by the Director, Field Operations.

    3. To facilitate these actions, care should be taken to ensure a PAR is complete, particularly with respect to information required for preparation of Standard 59, Request for Approval of Noncompetitive Action, that is not on record in HQ, such as insurance coverage in the case of new appointees and forwarding address and leave balance in the case of retirees. When required by applicable qualifications standards, the recommending officer should certify that the candidate possesses the personal qualifications essential to the successful performance of the duties of the position. The PAR should be accomplished by such forms and documents as may be needed by HQ in the consideration of the request, such as an application for employment, Standard Form 59, qualifications evaluations, and copies of notices and replies in cases of proposed adverse action.

    4. Centralized Schedule A Appointments for CI in CI will be submitted to the Chief, Human Capital Officer.

  5. Appointments will be temporary, normally not to exceed one year. The Chief, CI, may extend the appointment as necessary.

  6. Schedule A appointments will only be used to secure the services of an individual who possesses specialized skills necessary for a specific assignment, but who may not meet all of the qualifications for competitive employment. The appointment is normally terminated upon completion of the specific assignment, which justified the appointment. However, the experience gained may be credited toward qualification for a competitive position, as outlined in the qualification standards.

  7. Appointments will be made at the grade level necessary to secure the appropriate appointee (if feasible, veterans preference will be given in making the appointment). Normally the appointee will be hired at the GS–5 or GS–7 level, with promotions allowable without regard to competitive qualification requirements.

9.11.4.6  (08-05-2005)
Criminal Investigator Part-Time Employment Program

  1. The Criminal Investigator Part-Time Employment Program (CIPTEP) began in response to the Executive Directive of July 11, 1994, entitled Expanding Family Friendly Work Arrangements in the Executive Branch.

  2. The goal of the CIPTEP is to provide a work schedule compatible with the "Family Friendly" Executive Directive without hampering CI's effectiveness.

9.11.4.6.1  (08-05-2005)
Eligibility Requirements

  1. In order to qualify for CIPTEP, all of the following conditions must be met:

    1. The existence of a situation or condition which severely limits a special agent's ability to fulfill the obligations of full-time employment.

    2. The special agent must have at least four years service as a special agent.

    3. The special agent must have at least fully successful performance evaluations for the previous two years.

      Note:

      This situation or condition may include child-care, elder-care, care of a terminally ill family member, or a chronic illness or physical problem.

9.11.4.6.2  (01-10-2012)
Application Process

  1. A special agent must submit a request for participation in the CIPTEP through his/her first-line manager.

  2. The first-line manager will consider the request, balancing the personal needs of the requesting special agent with the operational needs of the organization.

  3. In subordinate offices, the first-line manager will forward the request, and his/her recommendation, through the chain of command, to the SAC or appropriate Director within 30-days of receipt.

  4. The SAC or Director will make the final decision on the request within 30 days of receipt. If the request is denied, the SAC or Director will specify the reason(s) for denial. If possible, the SAC or Director will also propose an alternative course of action to alleviate any hardship.

9.11.4.6.3  (08-05-2005)
Duration of Participation in The Program

  1. Approval to participate in the part-time employment program is granted in increments that will not exceed one year. Participants may request renewals, or may reapply, in increments of one year or less. Total career participation will not exceed five years (260 weeks).

9.11.4.6.4  (08-05-2005)
Work Hours and Compensation

  1. Work schedules in this program must be at least 16 hours, but not more than 32 hours per week (A participant may occasionally work more than 32 hours per week, but for no more than two consecutive pay periods).

  2. Pay for participants will be calculated on an hourly basis, computed at the hourly rate for his/her grade and step, and will include any applicable geographic pay and special pay adjustment for law enforcement officers.

  3. Law Enforcement Availability Pay (LEAP) is not appropriate for participants because they are not expected to work substantial amounts of overtime. Participants must submit a request to voluntarily opt-out of LEAP in order for his/her application to be considered.

  4. A special agents in the CIPTEP may work alternative/compressed work schedules in order to maximize the amount of his/her availability. Authorized schedules include flexi-tour with credit hours, and 5/4/9. Requests to work a 4/10 schedule must be approved by the Director, Strategy.

  5. A participant may be eligible for night differential and holiday pay. He/she is not eligible for Sunday premium pay due to Federal part-time employment regulations.

  6. Upon approval to participate, a Personnel Action Request will be prepared to reflect the change in work schedule and tour of duty.

9.11.4.6.5  (08-05-2005)
Reassignments

  1. Participants are not eligible for voluntary reassignment, except for hardship transfers or Dual Careers Supported reassignments. In these instances, the gaining manager(s) must approve continuation of participation in the program.

9.11.4.6.6  (08-05-2005)
Government Owned Automobiles

  1. Participants will not be assigned government vehicles.

9.11.4.6.7  (08-05-2005)
Performance Evaluations

  1. A participants will be rated based on his/her assigned duties, consistent with his/her approved work schedule.

9.11.4.6.8  (08-05-2005)
Outside Employment

  1. Requests to participate in the CIPTEP Employment Program in order to work a second job will not be granted.

  2. Participants who request authorization to engage in outside employment will normally be required to resume full-time employment before such a request is granted.

  3. However, under certain circumstances, outside employment may be compatible with participation in the program. For example, if participation was based on child-care considerations, employment caring for multiple children simultaneously may be appropriate.


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