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January/February 2005
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CBP administrative inquiry program – sorting out the facts

By Lauren Kaufer, Internal Affairs Field Officer, Office of Internal Affairs

A foreign traveler claims he was subjected to discriminatory treatment while being processed at an international airport. An employee reports that her supervisor has made unwelcome sexual advances towards her on more than one occasion. A hotline caller recounts witnessing a canine being mistreated by its handler outside a kennel. An anonymous letter details overtime abuses implicating management and employees. What happens when allegations of misconduct such as the ones described above are received? Who ferrets out the facts so that appropriate action can be taken?

To ensure that the investigative process is fair and without bias, U.S. Customs and Border Protection, Office of Internal Affairs (IA), established an administrative inquiry program that relies on independent peer fact-finders to timely and objectively investigate allegations of employee misconduct. On any given day fact-finders are conducting administrative inquiries nationwide to either prove or disprove employee misconduct.

Fact-finding is a collateral duty—a duty performed in addition to and separate from the duties of a regular position. CBP fact-finders attend a rigorous weeklong training session that combines classroom instruction on investigative law, techniques, and procedures with practical exercises and role-playing scenarios. After completing their training, fact-finders may collect evidence or information from all manner of sources and have the authority to compel testimony.

Fact-finders use their unique blend of experience, knowledge and skill to prove or disprove the alleged misconduct. Prior to every assignment, a fact finder partners with an IA field officer who provides investigative support. Field officers assist fact finders in identifying the elements of proof for each allegation, developing investigative plans, locating evidence or sources of information, coordinating interviews and scripting interview questions. After an inquiry is complete, fact-finders write a report detailing their findings and submit it to the field officer for review and approval. Finalized reports are sent to Employee Relations and management for appropriate action.

In an organization as large as CBP, allegations of misconduct reported to IA cover a broad spectrum ranging from criminal corruption to less serious administrative violations. Criminal investigators assigned to either the Department of Homeland Security Office of Inspector General or the Immigration and Customs Enforcement Office of Professional Responsibility investigate allegations of criminal wrongdoing and extremely serious misconduct. However, CBP is responsible for investigating administrative misconduct allegations involving its employees. CBP fact-finders routinely investigate allegations such as misuse of government equipment or resources, neglect of duty, harassment, firearm violations, mismanagement, and unprofessional behavior directed toward co-workers or members of the public. The background and subject matter expertise of the approximately 200 CBP fact-finders make them well suited for investigations of allegations involving inspections and operational matters.

Over the past year and a half, the Administrative Inquiry Program has been revamped, incorporating not only “best practices,” but also new fact-finders from the various organizations that are now consolidated under CBP.

Any CBP manager or supervisor who possesses excellent verbal and written communication skills and is ready, willing and able to travel for short periods as needed, and is cleared by IA, is eligible to become a fact-finder. Being a fact-finder isn’t for everyone, but many enjoy the change of pace from their regular duties and the challenge that fact finding presents. Equally important, fact finders know that their dedication and hard work is critical to maintaining an unbiased, independent, investigative process for employees and to maintaining CBP’s overall organizational integrity.

For more information about the Administrative Inquiry Program contact Patricia Aveitia at 202.344.3387.

Integrity—doing the right thing

Most people would readily say they know the meaning of the word integrity, but though often used, it is a potentially puzzling term. Integrity when used to describe virtue refers to a person’s character, a sense of morality and ethics. But there are other uses of the term. When applied to objects, like an ecosystem, a database, or a mechanical part, it refers to wholeness, purity, and incorruptibility. For example, a rainforest is said to have integrity when it has not been corrupted by development. Both meanings apply to CBP employees and are the cornerstones of a professional and ethical workforce.

U.S. Customs and Border Protection is committed to being an organization that has integrity and whose employees exemplify the meaning of the word. There are many programs in place to foster and promote integrity, ranging from annual training for senior executives to programmatic self-inspections. Other integrity measures include CBP’s professionalism program, a code of conduct, conflict of interest procedures, and misconduct investigations.

CBP is working to have the public-at-large and our stakeholders recognize our name and the work that we do and to have our name, CBP, be synonymous with the highest standards of ethics and integrity.

How can we integrate the concept of integrity with CBP’s image? A public image is basically the sum of all communications, verbal and nonverbal, inside and outside of an organization. Each and every employee in CBP is “branding” our organization every time they pick up the telephone, write something, send an e-mail or greet a traveler. We all serve as spokespersons for and representatives of U.S.Customs and Border Protection. Our employees are confident, professional, stand for something, and have a clear sense of mission. CBP employees exemplify in their job performance, conduct and demeanor the simplest definition of the term integrity—doing the right thing, even when no one is looking.


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