<< COB00001 >> UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ELOUISE PEPION COBELL, et al., ) ) Plaintiffs, ) ) v. ) 1:96CV01285 (RCL) ) ) GALE NORTON, Secrotary of the Interior, et al., ) ) Defendants. ) _______________________________________________________________________________ ) DEFENDANTS' MOTION TO DISCHARGE THE SEPTEMBER 17,2002 ORDER TO SHOW CAUSE FOR CIVIL CONTEMPT AND FOR ENTRY OF AN ORDER OF FULL RELIEF Defendants hereby move the Court for an order entering full relief and discharging the Court's September 17, 2002 order that defendants Gale Norton, Secretary of the Interior, and Neal McCaleb, Assistant Secretary of the Interior, show cause why they should not be held in civil contempt for retaliating against Mona Infield in violation of the May 21, 1999 order. A proposed Order of Full Relief is appended hereto. In support hereof, the Court is respectfully referred to the Memorandum submitted herewith and the exhibits thereto. Dated: October 18, 2002 Respectfully submitted, ROBERT D. MCCALLUM, JR. Assistant Attorney General ROSCOE C. HOWARD, JR. United States Attorney << COB00002 >> JENMFER R. RIVERA (Va. Bar No. 29281) Acting Branch Director HENRY A. AZAR, JR. (D.C. Bar No. 417249) Acting Assistant Director Federal Programs Branch j5c4~4i1 czJ.~ SCOTT H. PARK (Cal. Bar No. 124121) ROBERT S. LIBMAN (D.C. Bar No. 426462) U.S. Department of Justice Civil Division Federal Programs Branch, Room 904 P.O. Box 883 Washington, DC 20044 Telephone: (202) 514-4964 Attorneys for Defendants -2- << COB00003 >> CERTIFICATE OF COUNSEL PURSUANT TO LOCAL CIVIL RULE 7.1 (in) Stuart Licht and I, Henry A. Azar, Jr., both of the Civil Division, United States Department of Justice, counsel for defendants, spoke with Dennis Gingold and Mark Brown, counsel for plaintiffs, on Tuesday, October 15, 2002. 1 described the basis of defendants' planned motion to discharge the Court's September 17, 2002 Order to Show Cause. Mr. Gingold indicated that plaintiffs would oppose the motion. henry A. ar/Jr. / ~ K -9- << COB00004 >> UNiTED STATES DiSTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ELOUISE PEPION COBELL, et al., ) ) Plaintiffs, ) ) v. ) ) GALE NORTON, Secretary of the Interior, et al., ) Civil Action No. 96-1285 (RCL) ) Defendants. ) __________________________________________________________________________________________) PROPOSED ORDER OF FULL RELIEF Upon consideration ~ Motion to Discharge the September 17, 2002 Order to Show Cause for Civil Contempt, and the conscnt of the defendants set forth therein, IT IS HEREBY ORDERED, that: 1. In full and final relief to Mona Infield and the class plaintiffs in connection with the alleged contumacious conduct set forth in Plaintiffs' Motion for Order to Show Cause Why Defendants and Their Employees and Counsel Should Not Be Held in Contempt and for Sanctions for Violating the Anti-Retaliation Order, filed August 15, 2000, and any other proceedings in this action in connection with Ms. Infield's allegations of retaliation, thc Department of Interior shall: (a) Assign Ms. Infield to the position of Supervisory Computer Specialist (GS-14), Division of Information Resources Managcment, Bureau of Indian Affairs. The Department of Interior has represented that this position is a permanent position, that the duty station for this position will be in Albuquerque, New Mexico, and that the Department of Interior has no plans to eliminate, out-source, transfer or otherwise contract to a non-federal entity the functions of that position, and that it will remain in effect at least through September 30, 2004, subject to the << COB00005 >> availability of appropriated funds. (b) Pay reasonable out-of-pocket costs and any overtime pay, incentive awards, and step increases to which Ms. Infield was entitled and did not receive as a result of alleged retaliation included within her complaint filed with the Office of Special Counsel, OSC File No. MA-00- 1024. (c) Pay to Ms. Infield and to class plaintiffs reasonable attorney's fees, expenses and costs incurred as a result of the alleged contumacious conduct set forth in Plaintiffs' Motion for Order to Show Cause Why Defendants and Their Employees and Counsel Should Not Be Held in Contempt and for Sanctions for Violating the Anti-Retaliation Order, filed August 15, 2000, and incurred in any other proceedings in this action in connection with Ms. infield's allegations of retaliation. 2. The amount of payments pursuant to Paragraphs 1(b) and (c) above shall be determined by the Special Master or the Court upon a motion by Ms. Infield and the class plaintiffs, and such determination shall be binding and final and may not be appealed. 3. Defendants' motion is GRANTED. The Court's September 17, 2002 Order to Show Cause is discharged and the scheduling of the civil contempt trial, scheduled for December 18, 2002, is vacated. SO ORDERED: Dated: ____________________ ___________________________________________ ROYCE C. LAMBERTH United States Disti ~ct i ucige << COB00006 >> Copies to: Heniy Azar Scott H. Park Robert S. Libman U.S. Department of Justice Civil Division, Federal Programs Branch P.O. Box 883 Washington, DC 20044 Dennis M. Gingold 1275 Pennsylvania Avenue, N.W. 9th Floor Washington, DC 20004 Keith Harper Native American Rights Fund 1712 N Street, N.W. Washington, DC 20036-2976 Stephen M. Byers Crowell & Moring 1001 Pcnnsylvania Ave., NW Washington, DC 20004 B. Michael Rauh Mannatt, Phelps & Phillips 1501 M Street, Suite 700 Washington, DC 20005 Lisa Kemler Zwerling & Kemler 108 N. Alfred Street Alexandria, VA 22314 John Kenneth Zwerling Zwerling & Kemler 108 N. Alfred Street Alexandria, VA 22314 << COB00007 >> Herbert Fenster McKenna & Cuneo 1900 K Street, NW Washington, DC 20006 Jefferson Gray Arent Fox Kintner Plotkin & Kahn 1050 Connecticut Ave., NW Washington, DC 20036 << COB00008 >> UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ELOUISE PEPION COBELL, et al., ) ) Plaintiffs, ) ) v. ) 1:96CV01285 (RCL) ) ) GALE NORTON, Secretary of the Interior, Ct al., ) ) Defendants. ) _______________________________________________________________________________ ) DEFENDANTS' MEMORANDUM IN SUPPORT OF MOTiON TO DISCHARGE THE SEPTEMBER 17, 2002 ORDER TO SHOW CAUSE FOR CIVIL CONTEMPT AND FOR ENTRY OF AN ORDER OF FULL RELIEF INTRODUCTION Defendants are moving the Court for an Order discharging the Court's September 17, 2002 order that Gale Norton, Secretary of the Interior, and Neal McCaleb, Assistant Secretary of the Interior, show cause why they should not be held in civil contempt for retaliating against Mona Infield n violation of this Court's May 21, 1999 order. Through this motion and the Proposed Orderof Full Relief attached hereto, the Department of Interior (hereinafter "DOI") is requesting that the Court enter an order of full relief to Ms. Infield and her attorneys, thereby curing the two deficiencies outlined by the Court in its September 17, 2002 Memorandum and Order. The need for the order to show cause will therefore be obviated pursuant to the express provisions of this Court's September 17, 2002 decision. First, DOL agrees under the Proposed Order to assign Ms. Infield to a position as a supervisory computer specialist, and has represented in the Declaration of the Deputy Assistant Secretary for Indian Affairs, appended hereto, that the position is a permanent position. Moreover, DOI has no << COB00009 >> plans to eliminate, outsource, transfer or otherwise contract to a non-federal entity the functions of that position, and the position will remain in effect at least through September 30, 2004. The position is at a GS-14 grade level with the Bureau of Indian Affairs, and it is located in Albuquerque, Ncw Mexico. Furthermore, addressing the second issue raised in the Court's September 17, 2002 Order, the Proposed Order of Full Relief requires DOI to pay reasonable attorney's fees and expenses to both Ms. Infield and to the class plaintiffs in this action. The Proposed Order also provides that the amount of reasonable fees shall be submitted to the Special Master or the Court for a binding determination. BACKGROUND A. Procedural History This matter arises out of plaintiffs' August 15, 2000 Motion for Order to Show Cause Why Defendants and Their Employees and Counsel Should Not Be Held in Contempt and for Sanctions for Violating the Anti-Retaliation Order regarding defendants' allegedly retaliatory treatment of Ms. Infield, an employee of the area office of the Bureau of Indian Affairs in Albuquerque, New Mexico. Plaintiffs contended that defendants violated the Court's May 21, 1999 order by retaliating against Ms. Infield after she executed several affidavits for plaintiffs in connection with filings in this case. Defendants opposed plaintiffs' motion, and the matter was referred to the Special Master, who issued a report and recommendation on February 21, 2001. After additional briefing by the parties in response to the report and recommendation of the Special Master, this Court denied plaintiffi mot2on wim'ut prejudice by Order of March 29, 2002, finding no basis for civil contempt since DOT had offered Ms. Infield a permanent position in -2- << COB00010 >> Albuquerque and agreed to pay reasonable attorney's fees. On May 9, 2002, plaintiffs filed a motion to renew their motion for an order to show causc. arguing that two assumptions made by the Court in its March 29, 2002 Order were incorrect. The Court subsequently ordered defendants to file documents regarding the pending settlement offer to Ms. Infield. The defendants did so on June 20, 2002, filing copies of settlement offers that had been made to Ms. Infield in an effort to resolve this dispute. See Notice of Filing (June 20, 2002). Those materials included settlement offers made by defendants to Ms. Infield's attorney, as well as offers to the Office of Special Counsel to resolve the administrative complaint filed by Ms. Infield. In particular, that package included the proposed May 1, 2002 settlement offer placing Ms. Infield into the position of a Supervisory Computer Specialist in the Division of Information Resources Management in Albuquerque (Notice of Filing, Attachment (fourth page)). On Scptcmber 17, 2002, the Court granted plaintiffs' renewed motion for an order to show cause upon concluding that two assumptions underlying its March 29, 2002 Order were incorrect. First, the Court said that although the May 1, 2002 settlement offer stated that DOI would assign Ms. Infield to the permanent position of Supervisory Computer Specialist, the Department "cannot represent that it currently does not have plans to eliminate the position." Cobell v. Norton, No. 96- 1285, 2002 WL 31060154, at *2 (D.D.C., Sept. 17, 2002). The Court noted that the settlement offer provided that the position offered to Ms. Infield "may be outsourced or otherwise contracted to non- Federal entities at some time in the future" and that the position "is subject to transfer of function" and "may be transferred to an office. . . outside of BIA." Id. Second, the Court stated that although defendants offered to pay Ms. Infield her expenses and attorney's fees, they "[had] not madc an' such offer to plaintiffs in this action." Id. at *3• The Court scheduled a civil contempt trial for December -3- << COB00011 >> 18, 2002. B. The Department of Interior's ProDosed Order of Full Relief The full relief proposed in this Motion cures the two deficiencies noted by the Court in its September 17, 2002 decision. First, in compliance with the language of the Court. DOI represents that it will assign Ms. Infield to a permanent position and has no pians to eliminate, oulsource, transfer or otherwise contract to a non-federal entity the functions of that position. The position will remain in effect at least through September 30, 2004, subject to the availability of appropriated funds. See Declaration of James McDivitt, ¶¶ 2-3 (attached hereto).' Second, the Proposed Order (¶ 2) states that DOI shall pay reasonable attorney's fees and expenses both to Ms. Infield and to the class plaintiffs. The question of whether DOI is liable for attorney's fees in the Infield matter would thus be resolved in the plaintiffs' favor by Court Order. The Proposed Order provides that the amount of fees to be paid will bc rcsolved through a binding determination by the Special Master or the Court. ARGUMENT I. The Need for the September 17. 2002 Order to Show Cause Has Been Obviated The purposes of a civil contempt action are well settled. "[A] civil contempt action is 'a remedial sanction used to obtain compliance with a court order or to compensate for damage sustained as a result of noncompliance."' Food Lion. Inc. v. United Food & Commercial Workers Int'l Union, Ms. Infield claimed that, on or about February 25, 2000, Dominic Nessi stated he could place her in a computer position in Albuquerque that would "likely last between three and four years." Recommendation and Report of the Special Master Concerning Plaintiffs' Motion for Order to Show Cause (Feb. 21, 2001) at 5. Assuming ior urposes of this motion that Mr. Nessi made such a commitment, Ms. Infield wouiu have been placed in a computer job in Albuquerque that would have remained in effect until, at the latest, March, 2004. Defendants are now extending that period through at least September 30, 2004. -4- << COB00012 >> 103 F.3d 1007, 1017 (D.C. Cir. 1997) (citing National Labor Relations Board v. Blevins Popcorn Co.. 659 F.2d 1173, 1184 (D.C. Cir. 1981)); see also In Re Ma2wood, 785 F.2d 1077, 1081 (D.C. Cir. 1986) (same); Feitner v. Title Search Co., 283 F.3d 838, 841 (7th Cir. 2002) (contempt order compensates an aggrieved party for losses sustained for past disobedience of a court's ordcr and obtains compliance). A district court has broad discretion in deciding whether to issue an order to show cause for contempt, and in determining whether a party has acted in dcfiancc of a prior order. See In Re Crystal Palace Gambling Hall, 817 F.2d 1361, 1364 (9th Cir. 1987). The Proposed Order of Full Relief satisfies the remedial purposes of a civil contempt action. Addressing the concerns identified in the Court's September 17, 2002 opinion, DOI will assign Ms. Infield to a permanent supervisory computer specialist position in the Albuquerque area office. Declaration of James McDivitt, ¶¶ 2-3. Furthermore, DOI has no plans to eliminate, outsource, transfer or otherwise contract that position to a non-federal entity, and the position will remain in effect at least through September 30, 2004. j~ at ¶ 3. The position description attached to the declaration specifies in detail the responsibilities of the Supervisory Computer Specialist position. Significantly, not only would Ms. Infield receive complete relief that fully remedies any alleged violation of the May 21, 1999 order, but this relief is based on representations made in a formal declaration under penalty of perjury that sets forth the terms and nature of the relief. Second, the Proposed Order (¶ 1(c)) includes a requirement that DOL pay reasonable attorney's fees for both class plaintifR and Ms. Infield. As the Court observed in its September 17, 2002, Order, "[t]o obviate the need for an order to show cause, the defendants clearly must compensate both Infield and the class plaintiffs for the expenses incurred as a result of the alleged contumacious conauct" Cobell v. Norton, 2002 WL 31060154, at *3~ As with the assignment to a permanent position, this -5- << COB00013 >> condition has also been met. The Proposed Order would confer on Ms. infield and the class plaintiffs a right to reasonable attorney's fees, and a binding commitment by DOI to pay those fees. This comprises the full compensation for fees to which plaintiffs could have a right even if the matter of fcc liability were directly adjudicated in their favor. Hence, the relief to Ms. In Field and the class plaintiffs provided by this motion "obviate[s] the need for an order to show cause." In addition, the Proposed Order provides that the amount of reasonable fees be submitted to a binding determination by the Special Master or the Court.2 A civil contempt action is a tool designed to obtain compliance with a court order and compensate for damages sustained as a result of noncompliance. Both of these conditions are now satisfied. Through this motion, defendants have complied with the Court's May 21, 1999 order and cured any damages flowing from the alleged noncompliance by offering complete relief. By analogy, in the context of a retaliation claim under Title VII, the remedies of lost pay, benefits, and reinstatement serve to make the employee whole by placing the employee in the same position she would have been in absent discrimination. See generally Ford Motor Co. v. EEOC, 458 U.S. 219, 230 (1982) (the purpose of equitable relief under Title VII is "'to make the victims of unlawful discrimination whole' by restoring them, 'so far as possible.. to a position where they would have been were it not for the unlawful discrimination."' (quoting Alhemarle Paper Co. v. Moody, 422 U.S. 405, 421 (1975)). That goal of make-whole relief has been accomplished here. Accordingly, further contempt proceedings would not serve the underlying purposes of such proceedings, and would be 2 The proposed Order provides for a binding determination of fees because the May 1, 2002 settlement ofi~r included a )rovision for fee arbitration (albeit limited to Ms. Infield's fees). See Cobell, 2002 WL 31060154, at *2. All other things being equal, Ms. Infield and plaintiffs will receive their reasonable fees more quickly if the parties forego appeal rights, but defendants are amenable to retaining the right to an appeal of the attorneys fee determination if plaintiffs so desire. -6- << COB00014 >> contrary to the interests ofjudicial economy and efficiency. Furthermore, the relief provided with this motion, which completely satisfies Ms. Infield's request for relief as described by the Court, leaves no case or controversy to litigate. ~ Rand v. Monsanto Co., 926 F.2d 596, 597-98 (7th Cir. 1991) ("Once the defendant offers to satisfy the plaintiffs entire demand, there is no dispute over which to litigate.., and a plaintiff who refuses to acknowledge this loses outright, under Fed. R. Civ. P. 12(b)(1), because he has no remaining stake.") (citations omitted). When "there is no subject-matter on which the judgment of the court can operate," a case becomes moot. Ex parte Baez, 177 U.S. 378, 390 (1900). Because defendants' commitment to provide plaintiffs with full relief has effectively mooted the order to show cause, defendants are obligated to bring this fact to the immediate attention of the court. See Arizonans for Official English v. Arizona, 520 U.S. 43, 68 n.23 (1997) ("It is the duty of counsel to bring to the federal tribunal's attention, 'without delay,' facts that may raise a question of mootness." (emphasis in original)). In turn, the Court should grant defendants' motion and discharge the order to show cause. CONCLUSTON For the foregoing reasons, defendants request that the Court enter the Proposed Order and concurrently discharge the order to show cause and vacate the contempt proceedings on the grounds that the remedial purposes of a contempt sanction haVe been effectuated. Respectfully submitted, Dated: October 18,2002 ROBERT D. MCCALLUM, JR. Assistant Attorney General ROSCOE C. HOWARD, JR. United States Attome' -7- << COB00015 >> JENNIFER R. RIVERA (Va. Bar No. 29281) Acting Branch Director HENRY A. AZAR, JR. (D.C. Bar No. 417249) Acting Assistant Director Federal Programs Branch c~-& 21&J SC TH.PA.RK(Cal.Bar o.124121) ROBERT S. LIBMAN (D.C. Bar No. 426462) U.S. Department of Justice Civil Division Federal Programs Branch, Room 904 P.O. Box 883 Washington, DC 20044 Telephone: (202) 514-4964 Attorneys for Defendants -8- << COB00016 >> Frrday. October 18, 2002 948 PM p.02 OCT-10-2002 21~40 DOS CUlL D1UI~I0N 282 626 8478 P.02 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ELOIJISE PEPION COBELL, et a~, ) ) Plaintiffs, ) I v. ) l:96CV01285 (RCL) ) I G~T ~ Nc~PTQN Secrelary of the Interior, et a!., ) ) Defendants. ) ________________________________________________________________________________ I DECLARATiON OF JAMES MCDIVITT 1. 1, Jamcs McDivitt, Deputy Assistant Secretary for indian Affairs, U.S. Department of the Interior, 1849 C Street, N.W., Washington, D.C., 20240, affirm and dcclarc that I have personal knowledge of the following facts: ~. I am authorized to state that, upon thc entry of the Proposed Order of Full Relief as attached to Defendants Motion to Discharge the September 17, 2002 Order to Show Cause, the Department of Interior will immediately assign Ms. Infield to the position of Supervisory Cornputcr Specialist (GS- 14), Division of Information Resources Management, located in the Albuquerque, New MeXicO Office of the Bureu of Indian Affairs. In that regard, upon entry of the order, the Department of Interior wilt promptly issue a Standard Form 50 (Notification of Personnel Action) effectuating this inssignxnent. A copy of the position description for this position is attached hereto. 3. The Supervisory Computer Specialist positioo is a permanent position and the Department of Intenor doca not have plans to eliminate, oussouree or otherwise contract to non-federal sources, or transfer the functions of that position. Furthermore, this position will remain in effect at least through September 30, 2004, subject to the availabll2ty of appropriated funds. I declare under penalty ofperjury that the foregoing is true and concct. 72JL11I~# I.....,.keputy Assistant Secretary for indian Affairs U.S. Department of the Interior Executed this 18th day of October, 2002. TOT%~L. ~ << COB00017 >> IO1S;20U2 16:45 FAX I~ 002 .1 1 A~encj Poailicr~ No POSITION DESCRIPTION (Please Read Instructions on the Back) ____________ I Z~I c~x~4 2. Re~3~n for Suonon~~l~e 4. EmployIng Office Los~tlcP ~. Ou~' S~a~Ion ~. OPM CcrllfcalcnNc. ~ I~'~' 'J~ New t -IdqtrS. I 7 Fald Washington, DC Albuquerque, NM — __________________ .~eelisiwriont 71 OVier 7 PaIr Laoor S Marda Act B. PIflJjiCiah Slalemems ReqUired 8. Si.ibject to IA A~1JCrl Eicao.itkve r3'~~~l r~ Emplevrr.a,I ~nd 171 ~lan~1~ot, (Show any position ~e~Iac.ed) V E~cenwt N~nevampt Fifl.s,ctaI ~ 10 Positon S~us ~1. Position s r 12. Sen~iGvity 19 C.cmpe~ve La'~eI Coda V~ CornpotUve P~'~'Y S~n5Live L.J Sa,:inc R acCepted (5pecif~hi Rernai*s~ Lbnao~,lai 14 A~ancy Use SES (Gent 71 SES ICR) Noithor SQr~jrve SOnelUve ,~ ~ ~ Off~caJ TlIte of Posi~on ~ PIa~ OccupaUos~al Code 1 Graoa m~sa~ Oate a. U S. Office of Pcr- toariel Mariageinen(j ______________________________________________ b. Oeparlnienl. A,qcncv ______________ _________________________________________________ ________________ _________________________________ 1~•~~~•• ___________________ c Sencn~ Levct ________________________________________——_____________ ( ___________________________ ________________ d. ~Irsl Level Review j Supv IT Specialist (Policy and Planning) GS 2210 14 SEP 2 6 2OO~ a. cmn,,ciaO oy 5~.~Mv~e er I 1 B. Or~anizigog1aI Title of Po~iUon (If eiYerarn r,om onicea seef 17. Name of Employee p ~ecenl, vvec4.J Chief, Disaster Recovery 6r~nch tU. Oap~r~ern. Agency, or Estabisilnlens c. Third SubdivIsion Department of the Interior, ~ureau of )ndan Affairs Disaster Recovery branch a. ~lr~.t Subdivs~efl d. POLU1lI SubdivisiOn Office of Management and Administration ______________ _________________________________________________________ F a. Office of tnfom'ation ~esources Management I Signature of Em~Ioyee (opieaiJ 19 Ern~loyee Review—Thit is an accurate descnplon of the major duties and re~onsibilities of my positLon. 20. Sup~n'InoIy Cardflcatloe~. ~ certtiy that this is on accw~te statement of the Anoi'vIerl~O that this lnfon,rnlion is ta be used forsiatufoq ii~o:~s reiauinq to major dates *nd rOSpOnS,biIifIcS of this porA Ion end its ot~ganIsadonaI appoliilment ond payrnont Of ~uDIic funds, and thor rOUse or m:ateaiinq midtione)Iq~s, and thjt the %Joaihon is neces~y to camy out Government stofamen~ may conelituia violations of such statdea o tnefr lmplernenlinq ifjnc?jcn5 tot which I~m 75J~ie• This ~ r,ijioi~ is n~do with the P~QUlatlOn5. a. T~pad Name and Title of 1n1mcdI~ta Supenr~o' b. Typed Name 3rd TiBe of MtcjrIer.Le~eJ Superwsor or Manager (opbonol~ Lonnie Dixon, Director, Oftice of Info Resources Management • ~- 5'stlJI-e Data $.gnawre Oatc 21. ciosslflcid tioniJob Grading C lolcarfeV (hOt this posItion has been '22. Position ClasaiII~flOn S~nd~tds uses In CLasaifying/Gradrg Pooltian classiied/g,uded Os requn~d By ThJo 5. U.S. Code, in con fojmence ~th ztjfldSidS Pirnl/~fled by the U.S. On7ce of Personnel Man a~amenr ot if no ~uOJ/sJ1ed slandwds Job Famfly Position Classification Standard far apply dkectly, consiStently eth the most appecahle J~uB fished ~tanda,dS. - - -. -. Adminisfrative Work in the Infonnation Technnlogy Ty~ed Name one TIUe of Otticial TattIng Actor Group, GS-22 110, 05-2001; GSSG — HRCD-5, 06-98 AUi~on S. Be.a.rd information tot Employa.a. The standards, and niormaden on their appIcStton. are Ht~maxi. Resoure Specis.Iist ~ tafflng& C~accLflcation) - - ~ svuitaelc in tile personnel otfTco. The claasficalson of lila position may be n~i0-ed ~nd Lire Dale cCr~Cl~d by the agency or the U.S. Office of Personnel Management Irformalion on 1 tIle gr~~ aPpeals, and cornpl;In~. on asen~ption from FLSA, Ic avaitoole ______ SE~' 2 6 ~ personnel or Otlice ManagetnenL ~ 7i~i~is,onte trijUals Date Initials Onte ii~aI~'~ale a. Employee (Ootrona~ I I I j I D. Si.~eniisor _________________________________________________________________________________ _________________ I CIa~Ifier I 4 Rem~rk~ Positions in the Bureau of Indian Affairs are in the competitive service unless occupied under Schedule A 213.3112(a)(7). In Such case tlte position is in the excepted service during tile tenure of tine excepted employee. Ru.U Perfrn-ma¶lrIi. r.ev~?- r~c~~14 3~ns~itivity: 6 II4~ R.L~k P~L1i~.. Ts.~L 2~ De~cnption of Maior Oulies and Responsibililies (See Attached) ~J~Il ~.634-~65 !'revIo~ IiciiIoi~ I.lb( 5OCC.1C4 O~ it ir~sv. 1-dSj U S. Otfca ~l Prr~oriroI Mana5Cnel~L << COB00018 >> 10/ 182(102 16:45 FAX ~ 003 OFFICE OF JNFORMATION RESOURCES MANAGEMENT Supervisory IT Specialist (Policy and Planning) GS-2210-14 INTRODUCTION The Bureau of Indian Affiiirs' mission is to enhance the quality of life, promote economic opportunity, and to carry out the responsibility to protect th~ trust assets of American Indians, Indian tribes and the Alaska Natives. We will accomplish this through the delivery of quality services, maintaining government-to-government relationships within the spirit of Indian Self- Determination. The mission of the Office of Information Resource Management (QIRM) is to provide leadership and technical direction to all Bureau locations regarding Information Technology (IT) operations, controls, acquisition standards, architecture and platforms, local and wide area network communications, configuration, systems, so~waze maintenance, customer support, applications design, documentation, application programming, acceptance testing and support of the Bureau missions. This position contributes to the mission of OERM by serving as the Chief of the Disaster Recovery Branch. The Disaster Recovery Branch, located at 500 Gold Street, Albuquerque, New Mexico, is primarily responsible for Change Management forBureau of Indian Affairs (BIA) computer systems, Disaster Recovery for BIA computer systems in Reston, Virginia, and supporting BIA Continuity of Operations Planning. This position is supervised by the Director of OIRM. MAJOR DUTIES Thrercises delegated managerial, supervisoxy and technical authority to manage the functions of Disaster Recovery Branch. Develops, plans, directs reviews, evaluates and coordinates the IT functions associated with Change Management (CM) for BIA computer systen:Is, Disaster Recovery (PR) for BIA computer systems in Reston, Virginia, and OIRM Continuity of Operations Planning (COO), including quarterly testing of DR capabilities and supporting maintenance of computer applications associated with the BIA's Unisys NX platform. This supporting maintenance includes detailed systems analysis; preparation of complete documentation of BIA computer systems, including manuals, for operation; preparation and maintenance of all documentation necessary to support change management for BIA computer systems; documentation of Continuity of Operations Plan for the BIA's OIRM; and computer program coding. Delivers tested system modifications according to time schedules developed with the requesting users. Implements and maintains configuration management processes, procedures, and system level support for applications residing on the Unisys NTX platform. Sets goals for the Branch to effectively fulfill the objectives of QIRM and MA. Develops long- and short- range plans of action including time frames, determines resource needs and allocates resources to staff; equipment and materials, establishes policies and procedures to accomplish << COB00019 >> 1fl/182(J02 16:45 FAX ~ uu~ program fianctions and objectives. Responsible for continually evaluating effectiveness and efficiency of program. and detei-rnines trends to identif~r problem areas and resolve them. Serves as key consultant and authority to higher-level management and executive level on the computer application support program for the Unisys NX platform, policy and procedures. The incumbent is relied on for substantive advice, new and innovative ideas, approaches and solutions to complex problems that effect major changes or improvements, typically requinng deep technical involvement in studies, development, implementation and doordijiation issues. Provides oversight of the iT support for the Central Office West located in Albuquerque, NM. Supervises ADP professionals and administrative staff within the Disaster Recovery Branch, whose fuU performance levels range from GS-5 through (iS-13. Makes decisions on work problems presented by other team leaders within OXRM; develops operating procedures; and communicates information to higher and lower levels within the organization. Initiates personnel action requests for staffing such as prbmotions, reassignments, appointments, etc., position classifications, bonuses and awards for the Branch; makes and approves selections for positions within the Branch; hears and resolves formal individual or group grievances and serious employee complaints; effects disciplinary actions; identifies developmental needs and develops training plans to respond to needs; and approves or denies training requests. Implements other provisions of personnel management programs such as affirmative action and equal opportunity action plans; career development plans; and safety practices. Ensures that employees supervised adhere to Bureau and government-wide regulations covering pay, travel, sick and annual leave. Approves leave requests for subordinate employees. Establishes performance standards and conducts appropriate employee evaluations of performance and recommends awards or bonuses for Branch staff: Finds and implements ways to eliminate or reduce significant bottlenecks and barriers to production, promote team building, and improve business practices. Plans and recommends administrative actions associated with the Branch such as procurement, budget, and travel. Evaluates changing technological tools and system development concepts and approaches, and acquires and implements those that will improve the efficiency and effectiveness of the Branch staff. Responsible for the development and maintenance of system documentation for applications associated with the Unisys NX platform. Documentation includes detailed system schematics such as process and program flow charts, record layouts, an audit trail of system changes, run descriptions, and prograxnmi.ng requirements consistent with the BIA's System Life Cycle << COB00020 >> 10:18 2002 16:45 FAX ~ (JO S Handbook and maintaining system program libraries to assure standard naming conventions, to optimize space utilization and to maintain efficient disk availability while assuring that all Trust and other sensitive and mission critical data remain readily available on tape if not on disk. Determines whether contractor performed work meets standards necessary for authorization of payment. Serves as an expert advisor on Disaster Recovery. Prepares briefings, memoranda, and technical reports for presentation on topics and activities related to the Branch's functions. ~A~IQ~ 1. Knowledge Required Managerial, technical knowledge and skills su~icient to plan, organize, direct, staff carry out, and evaluate for the Bureau a comprehensive computer applications system program. This knowledge and these skills include: Mastery of advanced concepts, principles, procedures, methods and practices of computer applications systems in order to interact with the program users and to guide the analysis, development, testing, implementation, evaluation and maintenance of long- and shbrt-range plans and objectives for computer applications support activities for the BIA~ Comprehensive knowledge in the area of Configuration Management, Disaster Recovery, and Continuity of Opera±ions methods and standards or industry best practices in these areas. A broad knowledge of automated data processing methods, equipment types, analytical methods and procedures, systems applications, and management principles used in the IT field and how to apply them. Comprehensive knowledge of Federal iT policies, standards and procedures; characteristics of current IT system hardware and software; and computer techniques, requirements, methods and procedures promulgated by Congress, the Department of Interior and the BIA to include familiarity with approaches used by IT organizations in other Federal agencies and/or the private sector in order to evaluate and advise executive and mid-level managers on assigned programs and activities. Extensive knowledge of technological advancements in the IT field, and the ability to relate that knowledge to the needs of the Bureau and OXRNt Extensive knowledge of sopbisticated project planning and organization, scheduling, and control techniques (such as reporting requirements, budgeting, accounting, personnel rnana~ement, property and supply) is required in order to assure successful integration of program efforts within the Branch and with other projects to meet the objectives of OIRIVf, thereby providing quality and effective support for the Bureau to satisfy its mission. << COB00021 >> 10~ 1.9' 20(12 16:45 FAX ~ 006 Knowledge of theories. concepts, principles and techniques of management and supervision sufficient to enable tie incumbent to develop and implement management strategies and action to develop and maintain productivity and harmonious working relations among employees to attain program objectives. Skill in negotiating, problem solving and conflict resolution. Demonstrated skill in oral and written communications in order to write and present meaningful and coherent reports, documentation, and a variety of publications; and skills to effectively interant with a cross section of Bureau employees including program users and mid-level and executive-level management. 2. Supervisory Controls The Director of O~M provides administrative direction with assignments in terms of broadly defined programs goals and objectives to be achieved with program resources. Within broad direction, the incumbent independently plans and organizes the programs, plans. actions, and controls of the Branch's functions, determines the general approaches and methods to use, monitors progress, and evaluates program accomplishments. Results of work are cousidered technically authoritative and are normally accepted without change. Review concerns such matters as fuLfillment of program objectives and program effectiveness. 3. Guidelines Guidelines include laws; Executive Orders; Federal, Department and Bureau regulations, policies and instructions, manuals, and technical literature. Guidelines are often broadly stated and may not adequately deal with basic program development or technical problems to meet new policy goals and objectives. Precedents are lacking. The incumbent uses initiative and resourcefulness in ertending or redefining guidelines, or deviating from traditional principles, practices and precedents to solve unique program and/or technical problems and develops local program instructions and guidance. The incumbent is intimately involved in the interpretation of Bureau and Department guidelines. The incumbent is recognized throughout the Bureai.i as an expert on computer applications systems area. 4. Complexity Plans, evaluates and administers the CM, DR, and COO program for the BIA., complicated by broad program and technical problems, advising on changes to specific policies or practices, and developing and monitoring plans and actions to deal with these problems. Work entafls long- and short-term program planning, directing day-to-day operations, in-depth systematic evaluation of progress, and recommending level of resources and overall organization of the program. Management of work relating to CMI, DR, and COO, and changes to applications residing on the Unisys NX platform, is complex due to: I) the fact that the work involves several stages of an << COB00022 >> 10 1~. 2002 18:18 FAX [~ 0 (I 7 automated project, such as program development, program testing, system documentation, and system change control; and 2) may include the requirement to develop unique major changes to applications residing on the Unisys NX plafform In addition, extensive coordination and support of other experts both inside and outside the Branch is required. Decisions regarding what needs to he done include major areas of uncertainty in approach, methodology or interpretation and process evaluation resulting from changes in program emphasis and direction, organizational changes, program conflicts with established policies/practices, etc. Work requires a high degree of judgment in setting program priorities, recommending changes in program direction, recommending decisions with broad impact, and recommending actions to conect conditions underlying problems. The work requires continuing efforts to analyze a wide variety of interrelated complex problems and to advise on the best course of action to eliminate barriers to program goals and objectives. 5. Scope andEffect The purpose of the position is to plan, direct, evaluate and carry out CM~, DR, and COO operations, as well as applications changes residing on the Linisys N-Series platform, for the Bureau. The managerial work includes planning and organizing program resources, setting goals and evaluating results. The work involves a v3riety of unusual problems and requirements, and the formulation of alternative SoiutiOflS in making studies, reports for management, and providing technical support. The work affects the entire BIA mission accomplishment. 6. Personal Contacts Internal contacts are with management, other branch chiefs, and co- workers in 01RM External contacts range from a cross section of program users within BIA to IT professionals inside and outside the government, including other Government agencies. 7. Purpose of Contacts The purpose of contacts is to identi1~r and cIarif~r automation needs and to consult on1 justiI~j, defend, negotiate, or settle highly significant problems and issues ranging from adxninistranve to highly technical matters. These problems affect Bureau policy, set precedent, and involve large expenditures of resources. A considerable amount of tact and judgment is required of,the incumbent in the communication, conferences, consultations, discussion, and negotiations resulting from the contacts. 8. Physical Demands No unusual physical effort is involved. The work is mostly sedentary. Travel is required to effectively support and consult with Bureau iT installation managers, to attend meetings, symposia, standardization committees, seminars, etc., as weU as to other held locations throughout the Bureau. << COB00023 >> iO;1S2(J02 16: .16 FAX ~ (iS 9. Work Environment The work area is adequately lighted, heated, and venti1ated~ The work environment involves everyday risks or discomforts that require nortnal safety precautions. Some employees may occasionally be exposed to uncomfortable conditions in such places as research and production facilities. OTHER The incumbent is required to operate a government owned or leased motor vehicle in performance of work, therefore, is expected to qualifY for government driver's license. Incumbent may be required to work irregulax tour of duty with occasional overtime. << COB00024 >> i0IS2002 16:46 FAX ~ 009 POSITION EVALUATION SUMMARY Position Title! Series/ Grade: Supervisory Information Techno1o~ Specialist (Policy arid Planning), 05-2210-14 Organization: ETA, Central Office, Office of Information Resources Management, Disaster Recovery Branch Position Number: ________________________________________ Evaluation Factors F~artor Level Points Comments Used Assigned (FL#, etc.) ___________ __________________________________ 1. Knowledge Reqwred by the 1-8 1550 Mastezy of advanced concepts, Position principles, procedures, methods and practices of computer applications systems; comprehensive knowledge in the area of con~guIat1ofl management, disaster recovexy and continuity of operations; extensive knowledge of sophisticated prqject planning and organieation, 3chedulIng and controL techniques. 2. Supervisory contro1~ 2-5 650 Director of OIRMj~rovides administrative direction 'with assignments in terms of broadly defined program goals and objectives. Results of work are considered technically autbontative and are normally accepted without change. 3. Guidelines 3-5 650 Guidelines include laws Executive Orders7 Federal, Departmental and Bureau regulations. Incumbent must use initiative and resou~efulness in extending or redefining guidelines where they are _____________ lac. 4. Complexity 4-5 325 Plans, evaluates and administers the Disaster Recovezy, Con1~nuity of Operations programs for ETA, complicated by broad program and technical problems, advising on changes to specific policies or practices, and developing and monitoring plans and actions. Work entails long- and short- term ro am lanning. 5. Scope and Effect 5-5 325 Work involves a variety of unusual roblems and << COB00025 >> liJ:1.',,2UU2 1~:46 FAX L~ ULU requirements, and the formulation of alternative solutions in makng studies, reports fox managem.ent, and ________________________ providing technical support. 6/7. Personal Contacts and Level 3/C 180 Contacts include management, Ptupose of Contacts other branch chiefs, and co- workers in QIRM, program users - '~vithin BIA, IT professionals inside and outside government. Purpose of contacts is to identify and clarify automation needs and to consult on, justify, defend, negotiate, or settle szgnilicant problem.s and issues ranging from administrative to highly _______________________ technical matters. 8. Pb sical Demands 8-1 5 Work is primarily sedentary 9. Work Environment 9-1 5 Work is performed in an office _______________ _______ setting. Summary: Total Points 36~0 Point Range far GS-14: Grade GS-14 3605-4050 Conversion __________ _______________________________ Additional Remarks: This position description was submitted to establish a new position in the Disaster Recovery Branch that is currently being established in Albuquerque, New Mexico to be responsible for Change Management in the Bureau of Indian Affairs computer systems, Disaster Recovery for BIA computer systems in Reston, Virginia and to support the BIA Continuity of Operations Planning. This position will serve as the lead of the branch and in this capacity is expected to supervise a group of IT professionals and administrative support personnel whose fuU performance levels range from GS-05 through GS- 13. Since this is a new organization, it is diflicult to determine the number of staff this position will supervise and we must use the orga.nization chart dated June 13, 2002, which indicates one GS-22 10- 13; three GS-2210-12s and one GS- 318-07 position. The Job Family Position Classification Standard for Administrative Work in the Information Technology Group, GS-2200, dated May 2001, will be used to determine the type of technical work performed by this position. The General Schedule Supervisory Guide will be used to evaluate the proposed supervisory work of the position, however, the technical work of the position will clearly be grade controlling for classification purposes. The-.QS-22 10 Information Technology Specialist series covers two-grade interval administrative positions that mange, supervise, lead, administer, develop, deliver and support information technology systems and services. This series covers only those positions for which the paramount requirement is knowledge of IT principles, concepts, and methods, e.g., data storage, software applications, networking. << COB00026 >> 1O.L5.'20(J2 16:46 FAX t~J (iii The basic title for this occupation is "Information Technology Specialist" or ~IT Specialist". Use of the parenthetical specialty titles with the basic title further identifies the duties axid responsibilities performed and the special knowledge and skills needed by the position. This position will utilizc the parenthetical title of Policy and Planning, which is defined as ~. .develop, implement, and ensure compliance with plans, policies, standards, infrastructures, and architectures that establish the framework for the management of all IT programs." The following evaluation is provided to classify the supervisory duties of the position. Since this position is being established as part of a developing branch within the Office of Information Resources Management, the supervisory duties and the types and grades of positions supervised are projected for this classification only and will be subject to review once the Disaster Recovery &anch is fully staffed. General Schedule Supervisory Guide The General Schedule Supervisory Guide provides evaluation criteria for determining the General Schedule grade level of supervisory positions in grades (3S-05 through GS-15. It also contains criteria for evaluating managerial responsibilities that may accompany supervisoiy responsibilities in this range of grades. Positions graded by this guide will continue to be classified in the most appropriate occupational series. Position titles will be determined through reference to the classification standard, classification guide, and/or series guidance used to determine the occupational series of the position. Factors Factor Level Points j Comments 1. Program Scope and 1-3 550 Effect _________ ______________________ 2. Organizational Setting 2-2 250 3. Supervisory and 3-3a 775 Managerial Authority Exercised ______________________ 4. Personal Contacts — Subfactor 4A — Nature of 4A-2 50 Contacts Subfactor 4B - Puxpose 4D-3 100 of Contacts ____________ ___________________________ 5. Di~culty of Typical 5-6 800 Work Directed. ___________ 6. Other Conditions 6-4 1120 ____________________ Total Points 3645 Grade GS-14 Conversion << COB00027 >> 1u.1~.2UO2 1~:46 FAX L~J Ii .L ~ Title, Series, and Grade Assigned: This position is properly classified as a Super'iisozy Information Technology Specialist (Policy and Planning), GS-22 10-14. ( - -. SEP ~6 2~Q2 AIII~~B ~ ________ eard Date Human Resources Specialist (Staffing & Classification)