United States Department of the Interior NATIONAL PARK SERVICE INTERMOUNTAIN REGION 12795 West Alameda Parkway P.O. Box 25287 Denver, Colorado 80225-0287 IN REPLY REFER TO: February 11, 2016 To: Through: From: Subject: Director Deputy Director – Operations Regional Director, Intermountain Region Grand Canyon National Park – Response to the Office of Inspector General Report, Case No. PI-PI-14-0695-I SUMMARY The purpose of this memo is to transmit the proposed response of the Intermountain Region (IMRO) and the Grand Canyon National Park (GRCA) to the “Report of Investigation: Misconduct in the Grand Canyon River District”, issued November 16, 2015. It is fully the intention of the IMR and GRCA to address comprehensively the circumstances described in the Office of Inspector General (OIG) investigation and supporting documents. I have read the report and other materials thoroughly, and regret seriously the behavior and practices described. I have considerable empathy for the individuals who were impacted by harassment in the River District. I appreciate their bringing greater awareness to the situation. The behavior described is unacceptable; no NPS employee should ever experience the type of behavior described in the report. It is particularly disappointing that previous efforts to change the culture in the River District failed to improve working conditions. I have zero tolerance for the behavior described in the OIG investigation. I am committed to working personally to assure the actions described in this response are implemented fully. BACKGROUND In September, 2014, a letter addressed to Secretary Jewell wrote of complaints of misconduct, sexual harassment, and hostile work environment in the River District at Grand Canyon National Park. The letter was signed by 13 individuals, and included individual declaration statements. Further, the letter described circumstances that occurred over a roughly fifteen year period. The letter alleged misconduct that was not reported properly as well as complaints of retaliatory treatment against two female employees. In response to the letter, the Office of the Inspector General (OIG) was asked to investigate the complaints. The OIG investigation “confirmed a long-term pattern of sexual harassment and hostile work environments suffered by employees working in the River District.” In addition, the OIG 1 confirmed “that some alleged incidents were reported to GRCA supervisors and managers who did not act on them or forward the reports to the appropriate officials.” In the course of the investigation, the OIG found several issues it deemed important to preserving employee safety and protecting the identities of employees who report sexual harassment. Those topics were addressed in management advisories issued separately, also on November 16, 2015. RESPONSE The breadth of the OIG’s investigation raised numerous items about past and current operations in the River District at Grand Canyon National Park. For purposes of organizing, I have clustered the issues into several broad categories: Management; Personnel; Field Operations; Training; and Other. Each is addressed separately below. Management 1. The OIG report concludes that some Grand Canyon supervisors and managers failed to properly investigate and/or report allegations of sexual harassment to human resources and equal employment opportunity officials. This is a violation of Department of the Interior policy. Ultimately, responsibility for compliance with policy is the responsibility of the Superintendent and Deputy Superintendent. Accordingly, appropriate disciplinary and performance action associated with these failures will be undertaken. The specifics of those actions have not yet been determined, but are under discussion in consultation with human resources and equal employment opportunity officials not previously involved in any of the issues at the Grand Canyon. Legal assistance is being provided by the headquarters Solicitor’s Office. Responsible official: Intermountain Regional Director Target Date for Completion: May 1, 2016 2. The OIG report suggests that there was an over-reliance by GRCA park management on the conclusions drawn in a 2013 third-party investigation (conducted by contractor Michael Jurach). In particular, the OIG report faults GRCA park management for not reviewing the contents of the report with appropriate human resource and management officials to determine what actions might be appropriate in light of the contents of the 2013 report. An examination of the report, its conclusions and recommendations, and the subsequent actions of GRCA management will be conducted to determine whether disciplinary action (and against who) is appropriate. Responsible official: Intermountain Regional Director Target Date for Completion: May 1, 2016 3. In the course of its investigation, the OIG surfaced the issue as to consistency in disciplinary actions taken at GRCA. The specifics of two cases are addressed below under “Personnel”. On a broader level, the IMR proposes that the suite of cases and associated discipline related to GRCA be reviewed by a party not previously involved. Responsible official: Intermountain Region, Associate Regional Director for Workforce Management Target Date for Completion: June 1, 2016 2 4. The OIG investigation raised concerns about actions taken by supervisors no longer employed at Grand Canyon National Park. Appropriate counseling or disciplinary action will be undertaken to address those situations. Responsible official: Intermountain Regional Director Target Date for Completion: May 1, 2016 5. As part of its investigation, the OIG issued management advisories that address policy or procedural improvements needed in the NPS. NPS intends to implement these management advisories through revised guidance, as well as incorporation, where appropriate, into the training described later in this document. The OIG recommendations in the management advisory include: • Ensure reference checks are conducted on former Government employees before they are rehired; • Review regulations and policies regarding the confidentiality of individuals reporting sexual harassment, and consider revising them to be more specific about when, under what circumstances, and to whom the identities of these individuals can be revealed; and • Provide additional training to managers on the proper handling and dissemination of documents containing reports of sexual harassment and the identities of the individuals making those reports. NPS will review the management advisories and develop appropriate implementing guidance for transmittal to the field. Responsible official: Associate Director for Workforce and Inclusion Target Date for Completion: October 1, 2016 6. Additionally, the OIG management advisories surfaced issues associated with selection of individuals to serve as volunteers. The OIG recommendations in the management advisory include: • Increase management oversight over selecting former NPS employees as volunteers; and • Prohibit former employees who have been disciplined for misconduct from returning as volunteers to the same environment in which they had been disciplined. NPS will review the management advisories and develop appropriate implementing guidance for transmittal to the field. Responsible official: Associate Director for Workforce and Inclusion (in coordination with the Associate Director for Interpretation, Education, and Volunteers) Target Date for Completion: October 1, 2016 7. Specific to the Intermountain Region, as an interim measure to address the concerns identified above, we intend to do the following: • Require that all NPS supervisors include the following question on all reference checks of potential employees or volunteers: "Are you aware of any misconduct that could have impact on the applicant's job or ability to perform the work of the position?" • Require that all cover emails transmitting EEO Investigation documents that include PII and sensitive information include a statement identifying the contents as sensitive and provide language to protect the individuals. • Require that managers write a statement to the files that documents the work-related 3 necessity of transmitting the EEO Investigation documents containing PII and sensitive information. Responsible official: Intermountain Regional Director Target Date for Completion: April 1, 2016 Personnel 8. The OIG Report questions the personnel actions taken against two females following a river trip in early 2014. Both individuals have pending EEO cases against the National Park Service. To assure fresh perspective and objectivity in handling those EEO cases, the IMR has assumed lead responsibility from the park as the cases proceed (settlement official). To further assure fresh perspective and objectivity, professional advice for the human resources and equal employment opportunity aspects of these cases has been reassigned to another region of the NPS, in support of the responsible official listed below. Responsible official: Intermountain Region, Associate Regional Director for Workforce Management Target Date for Completion: Ongoing. Completion subject to EEO process. 9. The OIG report highlights that the majority of the incidents described by the complainants involved four employees of the River District at GRCA. One of those four individuals remains an employee at GRCA. In light of the OIG report, it is appropriate to take appropriate disciplinary or personnel action to remove this individual from the specific work environment of the River District. The specifics of such action has not yet been determined, but will be determined following consultation with human resources and equal employment opportunity officials not previously involved in any of the issues at the Grand Canyon. Responsible official: Superintendent, Grand Canyon National Park Target Date for Completion: May 1, 2016 Field Operations 10. The OIG report identifies opportunities for abuse of responsibility and authority when supervision of the logistical support (boat shop) and patrol responsibilities along the Grand Canyon remain in the same organizational unit. GRCA management concurs and is changing its operational model to contract out logistical support for trips whose primary purpose is non-patrol functions. Responsible official: Superintendent, Grand Canyon National Park Target Date for Completion: April 1, 2016 11. During the course of the OIG investigation, discussions between investigators and park and regional management suggested some immediate steps that could be undertaken, or strengthened, to contribute to a safe and harassment-free environment during river trips. These include: • Prohibiting alcohol on any NPS river trips; • Communicating clearer and higher expectations of conduct, both on- and off-duty, by NPS employees on river trips; • Requiring participation in pre-trip meeting by all participants on NPS trips; • Requiring daily check-ins by the designated project leader; 4 • • • Requiring that all NPS employees working on the river wear a standard uniform appropriate for river travel and work, regardless of their duties; Requiring written post-trip summaries to include mission work accomplishments as well as conduct and logistical considerations; and Requiring a post-trip debriefing with all trip participants within 7 days of the last morning on the river. Responsible official: Target Date for Completion: Superintendent, Grand Canyon National Park April 1, 2016 12. Conduct a comprehensive top-to-bottom examination of river operations and protocols by a third party. The purpose of this review will be to engage an independent perspective in examining the operations and practices that may be contributing to the culture in the work unit. The concept, still being developed, is to engage a multi-disciplinary team with skills in areas such as highly technical and specialized operations, organizational dynamics, culture change, park operations, safety, and management. Responsible official: Intermountain Regional Director Target Date for Completion: October 1, 2016 Training 13. The OIG investigation describes weaknesses in supervisory and employee understanding of issues and policies surrounding equal employment opportunity, hostile workplace, sexual harassment, and other workplace issues. A comprehensive suite of training on these topics, and others, is under development and will be deployed once finalized. Included in this training will also be refresher training about confidentiality protections, including document confidentiality protections. Other topics may include communications, team building, and changing organizational cultures. In-person training covering these topics will be required of all GRCA employees and supervisors. Responsible official: Intermountain Region Associate Regional Director for Workforce Management and Superintendent, Grand Canyon National Park Target Date for Completion: April 1, 2016 14. The OIG investigation highlights the critical role human resources and employee relations personnel play in advising both managers and employees about their rights, avenues for recourse, and options for action. Important to the success of these programs is assuring that practicing professionals remain current in their knowledge and understanding of evolving policy, regulatory, and legal frameworks. As such, a professional development workshop will be conducted, in conjunction with headquarters personnel and the Solicitor’s office, to address these educational needs of these personnel across the Service. Responsible official: Associate Director, Workforce and Inclusion Target Date for Completion: October 1, 2016 15. Conduct servicewide training for NPS management and leadership officials, to include park superintendents, on the topics encompassed by the OIG investigation as a “lessons learned” opportunity to heighten awareness and reinforce expectations for appropriate handling of situations such as occurred at GRCA. 5 Responsible official: Target Date for Completion: Associate Director, Workforce and Inclusion October 1, 2016 Other 16. Assuring effective communications in a large, dispersed organization is a continual challenge. For order and structure purposes, the chain of command often is relied upon, particularly for situations where accountable responsibility must be established. The OIG investigation points out, however, that circumstances can develop where employees may not feel comfortable surfacing issues through their chain of command or where supervisors fail to act. There are established protocols for addressing grievance and equal opportunity complaints, and those must be respected. Additional avenues exist in the form of the Conflict Resolution (CORE) program of alternative dispute resolution, whistleblower hotlines, and the like. In light of the issues surfaced through the OIG investigation, the Intermountain Region proposes to examine the feasibility of additional means to provide a venue (such as an ombudsman) through which employees will be able to “feel that they are heard” and that their concerns are brought to the attention of management. Responsible official: Intermountain Regional Director Target Date for Completion: May 1, 2016 17. Affirming regional NPS management engagement and attention to the issues at GRCA will be an ongoing priority. To convey this, the regional director will visit GRCA to deliver a strong message of zero tolerance and commitment to culture change. Anticipated actions include all employee meetings, separate meetings with supervisors and the management team, and availability to interested employees through “open hours”. Responsible official: Intermountain Regional Director Target Date for Completion: May 1, 2016 18. NPS regional leadership intends to schedule meetings with the individuals who signed the complaint to the Secretary, to extend personal apologies and convey commitment to change. Responsible official: Intermountain Regional Director Target Date for Completion: May 1, 2016 CONCLUSION I appreciate the OIG’s review of the situation at Grand Canyon National Park. While dismayed at the work environment described in the report, I am committed to working to change the situation and keep similar situations from happening again. The employees of Grand Canyon National Park deserve nothing less than that. If you have any questions concerning this memorandum, please feel free to contact me or Mike Reynolds, Associate Director for Workforce and Inclusion. /s/ Sue E. Masica Sue E. Masica Regional Director 6