Department of the
Interior
Departmental Manual
Effective
Date: 9/28/07
Series: Investigations
Part 355: Departmental Investigations
Chapter 3: Requirements for Preparing and Processing
Investigative Reports
Originating Office: Office of Inspector General
355 DM 3
3.1 Investigative
Reports. The OIG is committed to providing to bureaus and offices a report that
will serve as a sound basis for administrative action, if warranted. Bureaus and offices should act timely and
appropriately in response to OIG investigative reports.
A. When there are indications that a criminal violation has
occurred, a report may be prepared to advise the appropriate prosecuting office
of facts in the case in order to determine whether prosecution will be
undertaken. Depending on the
circumstances of the case, a copy of the report may be provided to the
appropriate bureau or office.
B. Reports are transmitted by means of a cover letter or
memorandum and Report of Investigation cover page. The cover page may not be removed from the
investigative report. Strict compliance
with the instructions for disclosure and safeguarding of reports is required.
C. The report will be submitted to the bureau or office at a level
appropriate to resolve the issue but in no case below what is considered
Regional level.
3.2 Referral of Investigative
Reports to Bureaus and Offices. In
some instances a copy of the investigative report will be referred to other
Departmental offices for information or action when the subject matter of the
investigation makes such referral appropriate.
Matters that are referred to bureaus/offices may include a request for
additional information, an administrative investigation, or action at the
bureau level. In these cases, no action
should be taken by the bureau or office without coordination with the OIG and
concurrence of the prosecutor. In all
such cases, the OIG is the official point-of-contact with the prosecutor.
3.3 Processing Reports.
A. The receiving bureau or office will process the OIG
investigative report, keeping it properly secured pursuant to the provisions of
the Privacy Act of 1974 and instructions on the cover page. In arriving at its decision on these cases,
the bureau or office will utilize personnel specialists, ethics officials, or
other specialists on its staff who have sufficient competence to advise and
assist in arriving at a decision and assuring that procedural requirements are
properly followed. Decisions should be
made promptly, within 90 days following receipt of the investigative report,
whenever possible. The OIG must be
notified whenever a time extension appears appropriate and necessary. An accompanying memorandum, with supporting
documentation (claims forfeiture, debarment, restitution, suspensions, etc.)
should be furnished to the OIG, detailing the action taken by the bureau or
office resulting from the facts developed during investigation.
B. If the investigative report is required in connection with any
administrative or civil hearing, this should be reported expeditiously and
discussed with the OIG. For example,
after an employee has been served with notice of a proposed action, those
sections of the reports used in connection with adverse actions in accordance
with 5 U.S.C. §§ 7503 and 7513(e) may be made available to employees, but only
after review by the OIG.
C. Final Disposition of Investigative Reports. All investigative reports and related
material remain the property of the OIG and are loaned to DOI organizations as
needed. Investigative reports, together
with related documents, must always be returned to the OIG.
D. Labeling. All OIG
investigative reports are marked “For Official Use Only.” Copies of Reports of Investigation and
related material that contain sensitive information will be transmitted and
returned in double-sealed envelopes with the inner envelope marked “TO BE
OPENED BY ADDRESSEE ONLY.”
E. Reproduction. The
reproduction of any OIG investigative report, or part thereof, by any method,
is prohibited without prior approval of the OIG. If a copy is needed it must be requested from
the OIG. The OIG may upon request: (a) furnish a copy of the report; (b) give permission
to the bureau or office to make a copy (or copies) of the report; or (c) under
some circumstances, refuse the request.
3.4 Congressional Inquiries, Freedom of Information Act or Privacy Act Requests. Requests for copies of the OIG investigative reports or investigative records, including correspondence relating thereto, shall be referred to the OIG for processing. No release of OIG investigative reports or supporting material may be made by any bureau or office pursuant to such requests. Prior to disclosing to Congress or the public, information that has been identified by the Department as privileged or exempt from public disclosure, the General Counsel will consult with the Solicitor.
3.5 Reports from Other Agencies. The report forms employed by other law enforcement agencies may vary; however, they generally contain language similar to the following, which will be honored: “This document contains neither recommendations not conclusions of the FBI. The report is the property of the FBI and is loaned to your agency; the report and its contents are not to be distributed outside your agency.” Reports from other agencies that are disseminated by OIG are for use of the bureau or office concerned and are to be disclosed only to persons in the Department on a “need to know basis.” They are not to be distributed outside the Department without the expressed permission of the originating agency.
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