INSPECTOR GENERAL DEPARTMENT OF DEFENSE 400 ARMY NAVY DRIVE ARLINGTON, VIRGINIA 22202-4704 OCCL JUN 1 9 2007 Mr. Nick Schwellenbach Investigator Project On Government Oversight 666 11 th Street, NW Washington, DC 20001 Dear Mr. Schwellenbach: This is in response to your Freedom of Information Act (FOIA) request dated June 18, 2007. You requested, "the 2002 MPRI Department of Defense Inspector General Study." I have carefully reviewed the document responsive to your FOIA request and determined that the enclosed document that originated with the Office of the Inspector General of the Department of Defense may be released to you with redactions. The redactions are in accordance with the FOIA under the following exemptions: (b)(6): The disclosure of information would constitute a clearly unwarranted invasion of personal privacy of individuals. You have the right to appeal the decision to withhold information from you that is responsive to your FOIA request. If you should appeal, your appeal must be in writing to the Appellate Authority: Mr. John R. Crane Assistant Inspector General Office of Communications and Congressional Liaison 400 Army Navy Drive, Room 1034 Arlington, VA 22202-4704 To be considered your appeal should be postmarked no later than 60 calendar days from the date of this letter. Please give your reasons for the appeal and write "Freedom of Information Act Appeal" printed clearly on the envelope and the letter. Also, reference your FOIA request number 07-0211 in your appeal letter, and include a copy of this letter. 2 I am the official responsible for this determination and have waived all processing fees. Should you have any questions regarding this matter, please contact Ms. Melanie Tenorio at (703) 604-9779. Da 1 R. Aaron Chief FOIA Requester Service Center/ Privacy Act Office Enclosures: As stated nciosu re Executive Summary of the Assessment of the Office of The Inspector General of the Department of Defense Objective: An independent Assessment Team from Military Professional Resources, Inc. (MPRI) was assembled and tasked by the Inspector General of the Department of Defense (IG DoD) in response to interest by DoD leadership and the Congress. The MPRI Assessment Team was assigned the objective of conducting "an independent review to assess the overall effectiveness of the Office of the Inspector General of the Department of Defense (OIG DoD)". General: The Assessment Team was composed of eight people: four general officers (USA Ret.), one colonel (USA Ret.), two attorneys, and an office manager. Four of these officers have extensive Inspector General experience and two are former Deputy Assistant Secretaries of Defense, These seasoned officers and civilians were hand picked for this assessment because of their experience, competence, and integrity. The team commenced the assessment on 21 April 2002. The assessment followed the time tested method of examining organizations and commands. By design, the assessment started at the bottom and worked its way to the top. Background: The tasking to make an assessment of the Department of Defense Inspector General (IG DoD) organization originated at the time that the current IG DoD was being considered for confirmation by the Senate Armed Services Committee. Mr. Joseph E. Schmitz concluded that if his nomination was approved he would ask for an independent assessment by an outside team and that he would provide the results to the Committee. It would appear to be particularly appropriate to conduct such an assessment at this time when one considers that the Inspector General Act of 1978 was passed 24 years ago and the IG DoD organization was included under the act as an amendment in 1982; since that time no outside independent assessment has been made. Further, for nearly half of its existence over the last 20 years there has been no confirmed IG DoD in charge. Whatever the circumstance, this has resulted in a vacuum of leadership in an organization where the requirement for leadership is the primary concern. The findings enumerated as part of this document more than bear this out. There is no question that the intent of the law was directed toward the prevention of fraud, waste, and abuse. The orientation of the services inspectors general by law was directed toward "determining and reporting on the economy, efficiency, morale, discipline, and esprit de corps of each of the services". The law provides for an Assistant Inspector General for Auditing and an Assistant Inspector General for Investigation. While the Secretary of Defense and the IG DoD are not precluded from establishing whatever other accounting they believe are necessary to accomplish the IG mission, the fact remains that the principal vector of the IG DoD is the prevention, and detection of fraud, waste, and abuse. D (AWSWO1-99-D-0026, DO 0080, Para 4.1 1 DoD IG FOIA 1 This dichotomy in the mission of the 1G DoD and the services inspectors general causes complications that may only be solved by revised legislation. The 1G system has its foundation in the organization created by Major General Frederic Wilhelm the Baron von Steuben in 1775 at the instance of the Continental Congress and George Washington. There is a monument to General von Steuben in Lafayette Park opposite the White House in Washington and on this monument is inscribed a tribute to von Steuben that has actually provided the beacon for the inspectors general of the services ever since. This inscription states ".. .he gave military training and discipline to the citizen soldiers who achieved the independence of the United States". For two centuries the armed forces have seized upon this tribute as the doctrinal basis for the activities of the service inspectors general. It is difficult to reconcile the thrust of the civilian inspector general to the service inspectors general although they should be focused on the same goals . . .a better Army, a better Navy, a better Air Force, and a better Joint Staff. Overall Assessment The assessment has revealed four major areas of paramount concern. The first and overriding issue in OIG DoD is the quality of leadership, particularly at the Senior Executive Service (SES) and senior GS 15 level. No member of the team has seen an organization, civil or military, manned by so many talented people, so ill served by its senior leadership. This level of management displays all of the malignant attributes attributed to entrenched bureaucracy. Much of this assessment and the supporting findings is a direct result of deficient leadership. The second area of concern is organization and grade structure of the OIG DoD. The present organization is top heavy with SESs. The 1G DoD organization consists of 1257 people and has 15 assigned members of the Senior Executive Service. This over structure in grade causes serious problems in command, leadership, and management. OIG DoD has no clear staff organization responsive to a chief of staff. Critical and sensitive responsibilities such as ethics and integrity, education and training, security, public relations, the general counsel, and resource management (comptroller) are buried in the organization beyond the tight control of the IG DoD. The third area of concern is the lack of an inspection capability in OIG DoD. The IG DoD has legal responsibility for the oversight of at least 40 DoD components. If he is to fulfill his legal responsibility for oversight, and if he is to meet the expectation of the senior DoD leadership that the IG DoD should be the eyes, ears, and conscience of the Department, the OIG DoD needs an inspection capability. The fourth area of concern is promotion of civil service employees, particularly in OAIG Auditing. There is no more sensitive subject amongst the rank and file of OIG DoD people. They demand that the promotion process be fair and visible; the current process in OIG Auditing is neither. Overall the assessment indicates that the leadership of the OIG DoD will have a full time job in creating an atmosphere that will lead to the implementation of command policies and procedures 2 DoD IG FOIA 2 that are necessary for the health of this vital organization. It will not be easy. The assessment carries with it descriptions in detail of matters requiring instant correction and implementation. Summaries of Major Task Assessments Task 1: Statute Compliance Summary The OIG DoD is, literally speaking, a "creature of statute", and is often referred to as a "statutory IG". The Inspector General Act of 1978 (as amended) created offices of Inspector General throughout the federal government, including the DoD. The stated purpose of the Act was to create "independent and objective units" within various departments and agencies ("such establishments"). 5 USC App 3, Section 2. The independence and objectivity of the OIG DoD are qualities that are hard to measure. Task 2: Organization, Doctrine, Policies, and Personnel Management Summary Task 2a: The Organization of the OIG DoD The current organization of the OIG DoD reflects past attempts to accommodate mandated manpower reductions and changing missions of the OIG over a period of years. It also reflects the compromises that were recognized at the time as being less than desirable but necessary. It appears that the new Inspector General has a window of opportunity to rework the organizational structure to cure some of the past problems and prevent future ones. With that in mind, two alternative organizational structures are offered for consideration. Neither structure is "correct" or "incorrect". They are simply efficient starting points for any reorganization to be undertaken, and it is probable that any reorganization will differ somewhat from the basic model selected. Task 2b: Doctrine and Policy of the OIG DoD There is a comprehensive body of doctrine and implementing policies guiding the OIG DoD to the proper accomplishment of its mission. Policies however are modified at lower levels within the OIG DoD components, both orally and in writing. This is a source of confusion and frustration to some members of the staff, and is fundamentally inefficient. Task 2c: Personal Management in OIG DoD: The Administration and Information Management Directorate, OIG DoD provides personnel and human resource advice, assistance, and services. However, some components of personnel management and development are under control of the managers and supervisors in other components and are ineffective or perceived to be unfairly administered. Task 3: Audit Procedures and Policies Summary: The OAIG Auditing is a major component of the OIG DoD. Its past accomplishments have been laudable but substantial improvements are needed. The process for issuing audit reports, as well as the reports themselves have suffered in recent years. Self-imposed metrics concerning productivity have emphasized quantity over quality and form over substance. A performance metric on concurrence rates for audit findings and recommendations should be eliminated. Efforts to improve internal quality controls have 3 DoD IG FOIA 3 resulted in multiple layers of review and paperwork. Reforms have been confusing and have increased editing time. Compliance with Government Auditing Standards and OIG DoD audit policies and procedures remains a problem. Credible evidence indicates audit findings and recommendations were diluted or eliminated. The professional staff needs to be overhauled. A pervasive system of cronyism drives promotions, work assignments, and performance awards. Potential whistleblowers are deterred with reprisal and the message is ignored. Training of auditors lacks a systematic plan. Junior auditors are rotated too early and often. These circumstances erode morale and contribute to the attrition of skilled auditors when its aging work force is already exhibiting a shortage of critical GS-13 employees. Task 4: Education and Training Summary. Education and training in OIG DoD is in some disarray. There is no articulated professional ethic for IGs. There is no one senior staff responsible for the function. There is no overall system to plan, program, budget, and manage the function. There is no Training Model for OIG DoD. Technical training in the components is being attended to. The two most serious deficiencies are: • The lack of a program for progressive leadership education specifically for OIG DoD, and ▪ Training for employees at appropriate levels on how the DoD, OSD, and the Services run. This causes a serious handicap for OIG DoD people who will be auditing, investigating, and Inspecting the complex organization that is DoD. (See Task 4 assessment) 4 DoD IG FOIA 4 Special Subject Areas Summaries Leadership Feedback to compile this report was obtained from one-on-one personal interviews, from numerous seminars and also from the Assessment Team's Survey of the OIG DoD employees. As a general observation, senior OIG DoD leaders have displayed by their actions an arrogance of leadership and have placed their personal aspirations and goals above OIG DoD's mission accomplishments. A buddy system or "who you know" permeates the agency in both facts and in perception. OIG DoD personnel view senior managers, with few exceptions, as being entrenched and intractable. It is believed that reprisal or retaliation could result if the party line is not followed. As a first corrective step, leaders (SESs and GS-15s) should be required to attend leadership, sensitivity, and interpersonal relations training. Ethics and Integrity Ethics and Integrity in the OIG DoD are imperatives; they brook no priorities. The Agency's reputation for ethics and integrity is fragile, and trust once damaged is hard to repair. The unsavory events of the past few years involving OIG DoD have eroded that trust both in the Department and in the Congress. IG DoD has announced that ethics is his highest priority. A high standard of ethics is embedded in the Agency's Strategic Plan and in the Annual Performance Plan. There is mandatory annual ethics training for all covering the details of the application of the many ethics regulations, directives, and policies. There is an aggressive Ethics Review in progress in OIG. What is missing, so far, is the obvious and visible presence of the senior leadership who report to the IG DoD, setting the example, reinforcing truth as the bottom line, and nurturing ethics as the basis for professionalism. Command Climate The Assessment Team has conducted numerous desk side interviews and small seminars with 010 DoD personnel of all GS grade levels. These face-to-face discussions coupled with on-site observations have provided the Assessment Team with an insight as to the command climate of the OIG DoD. The OIG DoD Employee Survey supports these insights. The inspection of numerous OIG DoD field offices and the Office of the Director for Administration and Information Management (AIM) revealed a very positive command climate while the inspection of the Office of the Assistant Inspector General for Investigations and the Office of the Assistant Inspector General for Auditing revealed a poor and unhealthy command climate. The primary causes of this poor command climate can be directly attributed to micro-management and poor senior leadership. The 10 DoD has already initiated several highly effective initiatives which are improving employee morale and esprit. The Inspection Process Since its inception in 1983 the OIG DoD had an inspections/evaluation capability in OAIG Inspections. In 1995 the OIG DoD was directed to eliminate 477 positions by 2001. As a result, OAIG Inspections was eliminated and the majority of its personnel were transferred to OAIG Auditing. Since a need exists for an inspections/evaluations capability, OAIG Inspections should be established with an initial strength of 50 employees (25 civilian and 25 military). Civilians to be transferred from OAIG Auditing and military personal from within OIG DoD. The 5 DoD IG FOIA 5 organization is to be austere with only operations, planning and follow-up, and administration (with management info management) capabilities. Quality of Life People live where they work. The quality of life in their office is the sum of many different programs, processes and conditions such as: cohesiveness, awards and recognition, meaningful work, working conditions, office pride, employee empowerment, training and education, grievance system, promotion opportunity, flexible working hours, dress code, office furnishings, leadership and command environment. The quality of life areas of training and education, leadership, promotion opportunity and command environment are so important that they have been addressed in detail elsewhere in this report. OIG DoD needs to finish the enhancement of office spaces. The Telework Program is popular, useful, and should be fairly applied. Changes to the Cash Award Guidance should reflect an attempt to broaden the distribution of monetary rewards for performance. Funding of the OIG DoD: The inadequacy of the OIG DoD budget is apparent throughout the organization and is the result of a flat budget and increasing mission requirements. Based upon interviews with 316 employees and the results of 34 seminars attended by 327 employees of the OIG DoD, and the results of the OIG Employee Survey, it is clearly a source of employee frustration with their jobs, it impacts morale, and it affects their view of the efficiency of senior management. Promotion Process in OAIG Auditing There is no more sensitive subject among the rank and file of OIG DoD people. They rightfully demand that the promotion process be fair and visible; the process in OAIG Auditing is perceived as neither. Promotion interview panels in OAIG Auditing produce an order of merit of all those eligible for promotion to GS-13 and 14. The OIG Auditing leadership then selects from the order of merit list those to promote to fill the vacancies. At this point the selection process becomes opaque. The results do not necessarily reflect the order of merit. Deep selects are common, and those higher on the list are passed over. Either the announced process should be officially changed, or the OAIG Auditing leadership must be disciplined to follow the merit selection. Attitude Towards Whistleblowers The culture of the OIG DoD has been, and continues to be, hostile to internal whistleblowers. All too often, OIG employees who have endeavored to identify mismanagement or violations of law have been punished by their chain of command. At the same time, the underlying issue has gone ignored. These incidents have had a chilling effect on good faith dissent that continues to impair free and open discussions between the staff and management. This result is both ironic and lamentable for an agency created to cultivate and safeguard whistleblowers. The Assessment Team also found minimal evidence that the OIG DoD has played a substantial role in protecting external whistleblowers in civilian DoD jobs, in uniform, or in the employ of military contractors. As a result, festering waste, fraud and abuse within civilian and military DoD components may be placing lives and taxpayer dollars at risk. 6 DoD IG FOIA 6 Deputy General Counsel's Office Members of the Assessment Team conducted interviews with all seven lawyers in the Deputy General Counsel's Office (DGC) of the OIG DoD. Additional interviews were conducted of other personnel in the agency that elicited comments regarding the DGC. While the attorneys in the Deputy General Counsel's Office expressed a high degree of satisfaction with their particular jobs and their role in the larger organization, there was a startling "disconnect" between how they felt and how their office was regarded by others in the OIG DoD. While this disparity may be more apparent than real, the resulting antagonism towards the DGC's Office, particularly within DCIS, represents both a real challenge and a unique opportunity for systemic change for the OIG DoD and the DGC's Office. The OIG DoD Employee Survey. In the course of the assessment, the team contacted approximately 643 of the 1257 employees in OIG DoD. In order to extend our reach to a broader sample and to determine the degree of support for the initial findings and assessments, the team developed a 28-question survey of the OIG DoD employees. The survey was administered via the OIG DoD INTRANET with as much protection of anonymity for the respondents as possible. The survey effort was strongly supported by the 1G DoD. Fifty-two percent of those surveyed responded, 527 made voluntary written responses. The vast majority of responses to the survey corroborate and support the Team's assessment, which was primarily based on face-to-face interviews, seminars, and observations. Summary of Major Recommendations 1. Start leadership sensitivity and inter-personal relations education for senior leaders. 2. Reorganize OIG DoD. 3. Reestablish OIG DoD Inspections. 4. Appoint a Director of Training. 5. Develop a comprehensive OIG DoD Training Model. 6. Establish an OIG DoD Academy 7. Develop a realistic OIG DoD POM. 8. Streamline the audit process. 9. Control and discipline the GS-13/GS-14 promotion process in OAIG Auditing. 10. Improve communications within OIG DoD. 7 DoD IG FOIA 7 An Assessment of the Office of the Inspector General of the Department of Defense Objective: On 21 April 2002, an independent Assessment Team was assembled and tasked by the Inspector Genera1 of the Department of Defense (IG DoD) in response to interest by DoD 1eadership and the Congress. The MPRI Assessment Team was assigned the objective of conducting "an independent review to assess the overall effectiveness of the Office of the Inspector General of the Department of Defense (OIG DoD). The review will: a. Identify problem areas, including those related to organization, policy, and personnel. b. Provide recommendations to reconcile the statutory duties of the IG DoD with the traditional military IG role as "an extension of the eyes, ears, and conscience", of the commanders. c. Outline recommendations aimed at restoring full faith and confidence in the integrity of the OIG DoD." General: The MPRI Assessment Team was composed of eight people: four general officers (USA Ret.), one colonel (USA Ret.), two attorneys, and an office manager. Four of these officers have extensive Inspector General experience and two are former Deputy Assistant Secretaries. of Defense. The military members of the team have leadership experience extending over three wars and every level of command from squad to division and major installation. The team followed a normal Inspector General process for a systemic inspection. The process included the following steps: • Review and Assignment of Tasks. The team was assigned four major assessment tasks and ten special subject areas (SSA). The team did a task analysis and assigned selected team members to each task and SSA. • Gathering Information: The team received formal briefings from each component of OIG DoD, and reviewed organization charts and function manuals. The team paid particular attention to the 1atest comprehensive report on the OIG DoD, dated 1 May 1980 on the Audit, Inspection and Investigative Components of the Department of Defense. (The Boutte Report). • Developing the Problem. The team made an initial determination of the major systemic problems that appeared to affect mission accomplishment. This analysis was expanded and refined as the assessment progressed. • Assessment, Evaluation, and Inspection. The team approached the assessment from bottom to top, component by component, using a combination of one-on-one interviews with key personnel, seminars, open door sessions, document review, and field visits. This methodology generated numerous voluntary contacts, often from anonymous sources. The inspection results are a matter of record in Findings and Assessments. Factual data (AWSW01-99-D-0026, DO 0080, Para 4.1 8 DoD IG FOIA 8 was coordinated with sources. In the course of its 90 day assessment the team conducted 316 one-on-one interviews of key employees and conducted 34 free flowing seminars with junior, middle, and senior grade employees, reaching 327 employees. Primarily as a result of the interviews and seminars, many employees, past and present, made voluntary contacts with the team on a myriad of issues. These contacts generated leads to several critica1 inspection areas. As a supplement to the seminars, interviews, and voluntary contacts, the team conducted a survey of all OIG DoD employees garnering 657 responses (a 52% return). The team members visited 26 field locations. o Conducting In-Progress Reviews, Preparing Reports and a Final Briefing. The team conducted one MPRI internal progress briefing and made two presentations to an independent Senior Advisory Group. This report is accompanied by a formal briefing for the IG DoD. Written 30 and 60 day progress reports as well as several informal inprocess reports were made to the IG DoD. Issues of critica1 importance requiring quick action were taken directly to the IG DoD. The Overall Assessment There has been no comprehensive assessment of Office of the Inspector General of the Department of Defense since its inception in 1982. For ten of the 20 years of its existence there has been no confirmed IG DoD; it is apparent to the team that this assessment is long overdue. In reviewing this assessment, it is important that the IG DoD not be confused with the Armed Services' Inspectors General. The service IGs report on economy, efficiency, morale, discipline, and esprit de corps. Only the Air Force charges their IG with a police function. On the other hand, it is clear that the intent of the Congress is that the 1G DoD's primary interest is to be fraud, waste, and abuse. This dichotomy has been a source of misunderstanding about and between the service IGs and the Office of the IG DoD since its inception. For example, the 1aw does not expressly require an inspection or evaluation capability; DoD Directive 5106.1 does. The OIG DoD maintained an inspection capability from its founding in 1982; this had been deactivated by 1996. The principle reason for its demise was caused by a DoD mandated cut of 477 personnel. This comprehensive assessment has revealed four areas of paramount concern: The first and overriding concern in OIG DoD is the quality of leadership, particularly at the Senior Executive Service (SES) and senior GS 15 level. No member of the team has seen an organization, civil or military, manned by so many talented people, so ill served by its senior leadership. This 1evel of management displays all of the malignant attributes attributed to entrenched bureaucracy. With few exceptions, these civil servants have demonstrated questionable loyalty to their subordinates and to the 1G DoD. They are self-serving, resistant to change, short on initiative and averse to taking risks. They may be passable managers, but they are unsatisfactory leaders. This has created an impenetrable culture of ineffectiveness. Much of this assessment and the supporting findings is a direct result of deficient leadership. The second area of concern is organization. The present organization is top heavy with SESs (15), and has no clear staff organization responsive to a chief of staff. Critical and 9 DoD IG FOIA 9 sensitive responsibilities such as ethics and integrity, education and training, security, public relations, the general counsel, and resource management (comptroller) are buried beyond the tight control of the IG DoD. The clear chain of responsibility for line functions in OIG DoD is diluted by stovepipes, some necessary, some not. These stovepipes provide an escape for the leader from some of the essential functions of leadership, which should rest unequivocally on their shoulders. The IG DoD must organize OIG DoD to accomplish the mission, and that organization must reflect the IG DoD's vision and 1eadership style. The third area of concern is the lack of an inspection capability in OIG DoD. The IG DoD has legal responsibility for the oversight of at least 40 DoD components. If he is to fulfill his legal responsibility for oversight, and if he is to meet the expectation of the senior DoD leadership that the IG DoD should be the eyes, ears, and conscience of the Department, the OIG DoD needs an inspection capability. Both of those responsibilities expand the present mission functions of OIG DoD beyond the relatively narrow confines of audit and investigation, beyond fraud, waste and abuse. Inspection entails the evaluation and analysis of the effectiveness of the programs, operations, productivity, and efficiency of DoD agencies. With a quick response capability at the call of Agency leadership, the IG DoD can return to being a teacher and trainer for DoD. With an inspection capability the IG DoD can truly be the guarantor of DoD's stewardship. The fourth area of concern is promotion of civil service employees, particularly in OAIG Auditing. There is no more sensitive subject amongst the rank and file of OIG DoD people. They demand that the promotion process be fair and visible; the process in OIG Auditing is perceived as neither. Promotion interview panels in OIG Auditing produce an order of merit of all those eligible for promotion to GS-13 and 14. The OIG Auditing leadership then selects from the order of merit list those to promote to fill the vacancies. At this point the selection process becomes opaque. The results do not necessarily reflect the order of merit. Deep selects are common, and those higher on the list are passed over. Either the announced process should be officially changed, or the OIG Auditing leadership must be disciplined to follow the merit selection process. The team's assessments of the specific tasks and the special subject areas follow. There may be some redundancies among assessments, particularly in the more globa1 subjects such as 1eadership, ethics, and command climate. Major Task Assessments Task 1: Statute Compliance in the OIG DoD. Summary The OIG DoD is, literally speaking, a "creature of statute", and is often referred to as a "statutory IG". The Inspector General Act of 1978 (as amended) created offices of Inspector General throughout the federal government, including the DoD. The stated purpose of the Act was to create "independent and objective units" within various departments and agencies ("such establishments"). 5 USC App 3, Section 2. The independence and objectivity of the OIG DoD 10 DoD IG FOIA 10 are qualities that are hard to measure. Perhaps the best way to analyze this issue is to look at each component of the OIG in the context of their statutorily defined functions. Discussion The first such function, set out in Section 2 (1) of the Act, was to conduct and supervise audits and investigations of the establishments involved. This is reiterated in Section 8 (c) (2) of the Act, dealing specifically with the OIG DoD, which require the IG to "initiate, conduct, and supervise such audits and investigations in the Department of Defense (including the military departments) as the Inspector General considers appropriate". These tasks are embodied in the missions of the two 1argest components of the OIG DoD: OAIG Auditing and OAIG Investigations. The second role assigned to OIG DoD by the 1G Act, Section 2 (2) is leading, coordinating, and recommending policies designed "to promote economy, efficiency, and effectiveness" and "to prevent and detect fraud" in the administration of DoD programs and operations. These are in accord with Section 8 (c) (1) and (c) (4) of the IG Act, which requires the OIG DoD to be the principal advisor to the Secretary of Defense relating to the prevention and detection of fraud, waste and abuse in DoD programs and operations. This is also spelled out in DoD Directive 5106.1 (Section 5.1.5), which requires the OIG DoD to investigate fraud, waste and abuse in DoD programs and operations. (Although not statutes, DoD Directives have the force of law and supplement and reinforce statutes like the Inspector General Act of 1978.) These are two sides of the same statutory coin; i.e. to encourage the good and discourage the bad in terms of how the DoD operates. The third statutorily assigned mission is that of keeping the Secretary of Defense and the Congress "fully and currently informed about problems and deficiencies relating to the administration of such programs and operations and the necessity for progress of corrective actions". Section 5 of the 1G Act imposes a detailed and specific semi-annual reporting requirement on the IG DoD. Within the OIG DoD, compiling these reports is the responsibility of the IG's "front office" and AIM (Office of Administration and Information Management), with the assistance of the Office of Congressional Liaison. During the course of this assessment, the IG DoD discovered that the semi-annual reports furnished to the Secretary of Defense were not being forwarded to Congress as required by Section 5 (b). Since then, the 1G DoD has taken steps to correct this deficiency. The timeliness of the report from GIG DoD to the Secretary of Defense (which is forwarded in turn to the appropriate committees and subcommittees of Congress) is the subject of a Sec. Def. Info Memo dated July 3, 2002. The memo also makes note of the requirement that the Secretary of Defense, as the "head of the establishment", prepare a report responsive to the semi-annual report from the OIG DoD, and forward that to the appropriate congressional committees within thirty days and commits to correcting any further deficiencies in the future. Sections (8) (c) (3), (5), and (7) of the IG Act set out additional statutory duties and responsibilities for the OIG DoD. These may be summarized as providing policy direction, guidance, monitoring, and evaluating program performance for Audits and Investigations. CIPO (Criminal Investigative Policy and Oversight) sets the policies and monitors compliance with 11 DoD IG FOIA 11 DoD standards and procedures on criminal investigations. APO (Audit Policy and Oversight) sets the policies to be followed by DoD audit organizations and monitors and evaluates their adherence to auditing standards, policies and procedures. CIPO and APO thus perform functions that meet two of the remaining prongs of the IG's statutory duties under the IG Act. Other important responsibilities and functions set forth in DoD Directive 5106.1 include reviewing "existing and proposed legislation and regulations relating to DoD programs and operations and (to) make recommendations thereon". Section 5.1.11. These functions are performed by the 010 Deputy Counsel's Office, which reviews and comments on proposed 1egislation; and the Office of Congressional Liaison, which is tasked with monitoring legislative actions taken by Congress and, through liaison with OSD Legislative Affairs and other 1G offices, commenting on legislation. See OIG Front Office (FO) Performance Plan for Management Year 2002, FO-1.A.1 There is an additiona1 reporting requirement besides the OIG DoD Semi-Annual Report, i.e. that the IG DoD keeps the Congress otherwise fully and currently informed concerning fraud and other serious problems in the administration of DoD programs. DoD Directive 5106.1.14. Within the OIG DoD, this is another responsibility of the Office of Congressional Liaison, which is charged with tracking congressionally mandated reports and correspondence. OIG FO Performance Plan, F0-1.c.1 and FO 1.c.2. In the area of intelligence, the 010 DoD is required to receive and evaluate complaints and concerns from the various DoD intelligence agencies (i.e. NSA, DIA, NIMA & NRO). In this area, the 010 DoD is also given the job of evaluating, monitoring, and receiving programs, policies, and procedures of the DoD Intelligence Community. See Sections 5.1.16 and 5.1.19, DoD Directive 5106.1. In both instances, the Office of Intelligence Review of the OIG DoD is given oversight responsibility for those functions. The final three specific responsibilities of the IG DoD created by law are also set forth in DoD Directive 5106.1. These are protecting whistleblowers (Section 5.1.17); investigating improper mental health evaluations of members of the Armed Forces (Section 5.5.18); and investigating allegations of serious misconduct made against senior DoD officials (Section 5.5.19). The departmental inquiries directorate of OIG DoD has two components that carry out these tasks: Special Inquiries fulfills two of them, protecting whistleblowers and investigating improper menta1 health referrals; Program Integrity handles the investigation of allegations of serious misconduct lodged against senior officials of the DoD. Recommendation The different statutorily defined roles each have a different component of the DIG DoD assigned to perform their functions. No significant function, whether set forth in the IG Act or DoD Directive 5106.1, appears to have been overlooked. In visiting DCIS field offices, however, one statutory duty appears to have been slighted. Section 8 (c) (8) and 8 (c) (9) require the 1G DoD to request assistance from other audit, inspections, and investigative units of the Department of Defense (giving particular regard to the 12 DoD IG FOIA 12 units of military departments); with a view toward avoiding duplication and insuring effective coordination and cooperation between them. The fierce and continued turf wars between DCIS and the MCIOs, mitigated only by a temporary truce in the form of an "Interim Agreement", shows this particular function is carried out more in the breach then in the observance. Serious thought needs to be given to naming someone in the upper ranks of CIPO or DCIS as Agency "Cooperation" or "Coordination" Officer in order to stop this internecine feuding which is both distracting and wasteful. Task 2: Organization, Doctrine, Policies, and Personnel Management in OIG DoD. Task 2a: Organization of the OIG DoD. Summary In its 20+ years of existence the OIG has undergone numerous ad hoc organizational changes. These changes were driven primarily by manpower reductions, particularly the large 1995 strength cut and subsequent reorganization. Over time, the resulting organization of the OIG has proven dysfunctional in several respects. The following assessment discusses those dysfunctional affects, and are accompanied by suggested organizational changes to correct them. Discussion Chief of Staff The major functiona1 components (AIG Audit and AIG Investigations) are focused on narrow, specific professional tasks. The remaining components are much smaller in size and focus upon broader organizationa1 support. There is no integrator of the staff functions throughout the OIG, a job typically performed by a Chief of Staff. A Chief of Staff is sometimes described as the Chief Executive Officer's (read IG's) "trusted agent" who converts general guidance into specific staff activity, across horizonta1 lines as well as vertical ones in the organization. In the process he/she performs strategic planning, organizes and directs the solution of institutional problems, assures the agency is staffed to satisfy the needs of the CEO, and that effective agency-wide policies are in place and followed. The list of functions can be virtually limitless, but an integrator is essential if the organization is to be anything other than a collection of narrowly focused stovepipes. Inspections (Special Assessment) Within the current OIG DoD organization structure, there does not exist an inspection capability to conduct overall organizational assessment or quick-look inspections as the Inspector General may require. The OAIG Inspection was disestablished in early 1996 due primarily to mandated personnel reductions, but due also to non-functional considerations. Of the 14 Departmental Inspector Genera1 offices, eight have an inspections capability. Recommend that an OAIG Inspections capability be established with the transfer of 50 in-house OIG DoD personnel assets (25 civilians; 25 military). 13 DoD IG FOIA 13 Equal Employment Opportunity (EEO) Providing prompt, fair, and impartial consideration of complaints relating to issues of discrimination on the basis of age, race, color, sex, national origin, physical or mental disability, and reprisal is of instant importance to the Inspector General. Consequently, it is recommended that the Equal Employment Opportunity officer be made a member of the IG DoD Special Staff, reporting directly to the Inspector General. General Counsel The DoD General Counsel provides the OIG with a Deputy Genera1 Counsel as a service. This arrangement is formalized in a Memorandum of Understanding that attempts to establish a basis for the Deputy Genera1 Counsel to maintain both independence and objectivity. This attempt to "serve two masters" is a model that was commonly used by various federal department Inspectors General shortly after they were organized. It has since been rejected by most if not all, except the DoD Inspector General, due to the obvious appearance if not fact, of an inherent conflict of interest. This apparent conflict of interest should be corrected and the Inspector General needs to have a singularly dedicated General Counsel. Ethics Office (Finding 1-001) The Deputy Designated Agency Ethics Official (DDAEO) and the Ethics Counselor and Program Manager (EC/PM) are assigned to two different offices. In essence, the EC/PM has two superiors to whom he reports. It is important to recognize that the EC/PM is doing an excellent job and that this unusual arrangement has not created any observable problems. Nonetheless, it has the potential to do so, and conveys the impression that the EC/PM is submerged in the organization and the issues connected with ethics are being handled in a non-traditional manner. In view of the central role ethics plays in the daily operation of the OIG, this organizational artifact should be corrected. The most direct manner in which to do so is for the Inspector General DoD to designate himself as the Designated Agency Ethics Officer, assign the Ethics Counselor and Program Manager to his Special Staff, reporting to him directly. Public Affairs The OIG DoD is a large organization, distributed in almost 60 geographical locations where they conduct operations that are often highly visible and potentially controversial. Any of these could erupt in a flurry of publicity and requests for information. The OIG is unusua1 in that there is no identifiable single spokesman representing the official position of the Inspector General or the organization. As a result, responses to requests for information could go to a person in the OIG who does not have the authority to act upon it, but does. That has happened and raises the possibility that a one of the persons not trained to identify releasable information could release information that is classified, protected by the Privacy Act, or incorrect. There is a clear need for a public affairs officer on the staff to be the single point of contact for gathering and clearing releasable information. That person would also assess potential public affairs implications of ongoing and proposed audits and investigations, to frame and coordinate responses to outside queries, to develop and assist in the implementation of a proactive public affairs plan, and to assist the leadership of the DIG to communicate within the organization. Tentatively, the Public Affairs office is placed in the Congressional Liaison Office since they have substantia1 experience in gathering information, checking facts, and responding in a timely manner to requests from outside the OIG. This placement is subject to validation. 14 DoD IG FOIA 14 Education and Training (Findings 4-002, 4-003, 4-004, 4-005) Training is fragmented, mostly unresourced, and generally disorganized. There is no single place within the OIG where one can go to find a clear statement of the training needs of the components in terms of the names of people to be trained, the courses, funds available, and programmed attendance date. Most of those elements do not exist anywhere within the OIG. The OIG clearly needs a Director of Education and Training. This individual would be the proponent for planning, programming, budgeting, and supervision of education and training within the OIG DoD. In so doing, the Director of Education and Training would work closely with the AIGs to fulfill their needs and to develop essential training models. Policy and Oversight Both the audit and investigation functions (as will the inspection function, if established) require policy guidance and performance oversight. At the present time, the policy and oversight functions reside in the organizations of the Assistant Inspectors General for Auditing and for Investigations/Defense Criminal Investigative Service; both organizations perform oversight upon themselves. The oversight is an attempt to enforce adherence to policy and standards and to assure quality. Numerous comments made in interviews, the seminars, and in response to the OIG Survey indicate that this self-regulation has not been effective in preventing watered-down reports and ethical conflicts. - Audit Policy and Oversight. This function can be reassigned from the AIG Audit organization in its entirety without affecting its overall mission. Criminal Investigative Policy and Oversight. This function can be divided into two classes of activities. Operational activities (administration of the Voluntary Disclosure Program, referrals under the Program Fraud Civi1 Remedies Act, processing MCIO requests for subpoenas, the National Incident Based Reporting System, liaison with other law enforcement and prosecutive agencies, etc.) should remain in the AIG Investigations/Defense Criminal Investigative Service. Policy and self-regulation and oversight functions should be removed. Internal Affairs (Assessment A-013) The 010 has a requirement for an 010 internal affairs investigative capability to police its contested or suspect investigations, EEO, sexual harassment, and whistleblower complaints and to investigate alleged employee misconduct. In the absence of any current OIG DoD element performing this critical function. The internal affairs function should be performed by a small group of carefully selected personnel; the best and the brightest. These personnel should be members of the special staff and report directly to the 1G DoD, and be groomed for future leadership positions. Hotline The hotline function is buried in too low in the OIG and there is profound employee suspicion of it. To ensure its integrity and restore the confidence of both employees and others who may use it, it should be elevated to a more central location with senior management oversight. 15 DoD IG FOIA 15 Comptroller The great funding shortfalls that have affected training, furnishings, travel, equipment, and almost everything else in the OIG must be addressed in the POM and budget process. Beyond that, the person in charge of the financial plans and management of the organization must have greater visibility, authority, and be a participant in every decision and action affecting the OIG budget and funds expenditure. This points out the need for a comptroller, rather than a subordinate element of OAIM. The Organization of the Inspector General The current organization of the OIG reflects past attempts to accommodate mandated manpower reductions and changing missions of the OIG over a period of years. It also reflects the compromises that were recognized at the time as being less than desirable but necessary. It appears that the new Inspector General has a window of opportunity to rework the organizational structure to cure some of the past problems and prevent future ones. With that in mind two alternative organizational structures are offered for consideration. Neither structure is "correct" nor "incorrect". They are simply efficient starting points for any reorganization to be undertaken, and it is probable that any reorganization will differ somewhat from the basic model selected. The organization displayed at Figure 1, Single Deputy Model, reflects the adjustments to the present organization that are discussed above. The intent of the reorganization is to provide greater control by the Inspector General, eliminate real and perceived conflicts of interest, improve organizational efficiency and responsiveness, ensure better integration of OIG plans and programs, and to remove obstacles to efficiency in accomplishing the mission. The green-tinted blocks in Figure 1 are those elements of the current organization that currently exist but which would be moved to a new subordination. Those that are yellow-tinted are elements that do not exist today but are composed of sub elements moved from an existing location and combined to form a new element. For example, the Comptroller is created from the Financial Management Directorate of the Administration and Information Management Directorate. The organization in Figure 1 will be the easier organization to form. This model could result in a net savings of four Senior Executive Service positions that could be redirected to higher priority management, if necessary. Figure 2, Staff and Line Deputy Model accomplishes the same end result but separates the staff functions of establishing and maintaining internal standards, policy and oversight from the operational functions of audits, inspections, and investigations. This is reflected in the establishment of a Deputy Inspector General for Standards, Policy, and Oversight, separate from the operational components of the OIG. This provides stronger, dedicated, and more focused management and 1eadership for both the operational functions and the standards, policy, and oversight function. Reorganizations provide an opportunity to "make a statement" regarding the nature and character of an organization, and the Staff and Line Deputy Model better reinforces the ethical character of the 01G. A Deputy Inspector General Operations and Support controls the operational components, to include the recreated AIG Inspections. Senior Executive Service Two issues raise the question whether the OIG is over-structured in SES classified positions. First there are 17 SES positions in an organization of fewer than 1,300 persons. Within the DoD, 16 DoD IG FOIA 16 this is an extraordinary density. It is recognized, however, that SES positions are established on the basis of the need for exceptional technical, 1eadership, and management skills and the OIG DoD has numerous such requirements. The second issue is the layering of SESers, particularly in OAIG for Auditing. Auditing has three layers of SES classified positions and eight of the 17 such positions in the OIG. In earlier years the Office of Personnel Management conducted periodic reviews or audits of SES positions in the departments and agencies of the Federal government. During the process the rationale for establishing the position was evaluated and was tested against the reality of what grade was justified by the position description and duties at the time of the OPM review. The OPM no longer conducts the SES position reviews; the field teams that did this work were eliminated as the agency downsized. An internal review should be conducted by the OIG DoD to determine the requirement for and best utilization of the SES personnel and positions. This internal review team can be formed from a trusted and knowledgeable persons within the OIG DoD or, if necessary, requested from another Federal Agency. This review can be conducted as a part of the OIG reorganization. Field Organizational Issues During the course of field visits to both audit and investigation offices of the OIG DoD it became clear that the lack of administrative help was a burden upon efficient operation of the offices that had no administrative assistant. As an example of the problem, highly skilled and well-paid investigators are burdened by routine filing, photocopying, collating, typing and similar support functions. This is a waste of both time and money and a major irritant to skilled employees. Every effort should be made to provide a support assistant to those offices that do not have one. Innovative organizational solutions such as authorizing the hire of part time support assistants would be useful. This, coupled with a reduction of the administrative burden imposed by the OIG and OAIG headquarters would greatly facilitate more and better audit reports and investigations. As DCIS field offices were eliminated the remaining offices were forced to cover wider geographica1 areas. In view of the events subsequent to 11 September 2001, the distribution of field offices as well as numbers of investigators should be reevaluated. As an example of the problem, one of the largest Islamic populations in the U.S. resides in the Detroit-Dearborn Michigan area. This is also the location of a number of major defense contractors. There is no DCIS office or representation there and any OIG investigative work required there must come from hundreds of miles away. Again there may be an innovative solution to establishing a minimal presence in such locations. For example an agent could possibly work out of his house rather than have to have a full-up office. Recommendations 1) Establish the position of Chief of Staff working directly for the 1G DoD. 2) Establish an OAIG Inspections capability. 3) Move the Equal Employment Opportunity officer to the IG DoD Special Staff, reporting directly to the Inspector General 4) Establish a singularly dedicated General Counsel working for the Inspector General. 17 DoD IG FOIA 17 5) The Inspector General DoD designate himself as the Designated Agency Ethics Officer, and assign the Ethics Counselor and Program Manager to his Special Staff, reporting to him directly. 6) Establish a Public Affairs office 7) Establish a Director of Education and Training 8) Policy, self-regulation and oversight functions should be removed from AIG Audit and AIG Investigations. 9) Establish an Internal Affairs Office 10) Conduct an internal review to determine the requirement for and best utilization of the SES personnel and positions. 11) Provide more attention to the personne1 and organizational needs of the field offices. 12) SES classified positions below the AIG level should be evaluated to determine whether they properly justify the assignment of an SES. 13) Move the OIG Hotline to the Special Staff 14) Move the Financial Management Directorate to a position reporting to the Chief of Staff and convert it to an Office of the Comptroller Task 2b DOCTRINE AND POLICY Summary There is a comprehensive body of doctrine and implementing policies guiding the OIG DoD to the proper accomplishment of its mission. Policies however are modified at 1ower levels within the OIG DoD components, both orally and in writing. This is a source of confusion and frustration to some members of the staff, and is fundamentally inefficient. Availability of Doctrine and Policy There is a comprehensive and very useful body of doctrine to guide the OIG DoD. The doctrinal base of the OIG DoD is established by the 1G Act of 1978 (as amended), DoD Directive 5106.1 (mission and responsibilities), IG Guide 5106.1 (organization and functions), The Strategic Plan (2001-2005) (principles, goals, and objectives), and the Annua1 Performance Plan (performance goals and objectives). These are augmented by IG Instructions, IG Plans, and values and standards instilled through training, education and formal procedures. Together, they form a framework for professional performance of the OIG DoD and are the basis of policies intended to implement the doctrine and body of guidance. Changing Doctrine and Policy (Finding 2-002) The agency-wide policies are formulated at the OIG level, primarily within the Directorate for Administration and Information Management. If necessary, they are then refined by the components to more specifically apply to the component's mission. These implementing policies are coordinated with the originator of the basic policy. This process works well but problems occur within the components when numerous additional uncoordinated policies, written and oral instructions, guidance, standard operating procedures, and similar instructions either elaborate on elements of OIG DoD doctrine and policy cited above, or alter it. There is no apparent control. 18 DoD IG FOIA 18 The changing of policy at low levels within the components was cited repeatedly as a source of confusion and frustration. The uncoordinated modification, selective enforcing, or ignoring of policies or regulations imposed by agencies other than the DoD creates a second type of problem. Examples cited to the Assessment Team include claims by multiple auditors that audit policies do not conform to the Yellow Book requirements. Other auditors desiring to Telework pointed out that there is little or no ability to do so and that the government-wide (established in Sec. 359 of Public Law 106346) and OIG DoD (IG Reg. 1400.620) 25% Telework target will never be achieved since only 12 people in OAIG Auditing are considered to be eligible. (See Finding 2-003) As a result, OIG DoD doctrine and policy are not applied universally and the leadership has no means of knowing whether all components of the organization are following the guidance or selectively ignoring it. Potential New Doctrinal and Policy Requirements The Inspector General Act of 1978 (as amended) established, among other requirements, the purpose of the Inspector General of the DoD to be to "... develop policy, monitor and evaluate program performance and provide guidance with respect to all Department activities relating to criminal investigation programs." For many years, these investigations have focused on fraud and similar white-collar crime. Since the attack on the Pentagon on 11 September 2001 there has been increasing focus on other crimina1 activity and counterterrorism. This activity is clearly within the authority of the IG DoD, but there is a belief among many field investigators that this new line of investigative activity is not fully supported by the OAIG Investigations leadership. Cited as evidence of that fact is the continuing lack of personnel and funding resources to support the expanded investigative requirements to include participation in Joint Task Forces, and the lack of policies to assist agents in the field to cope with their expanded role. The U.S. was attacked and the Commander-in-Chief stated that we are at war. Clearly, these requirements are not going to go away. As a result, it is important that appropriate policies be developed and that resources to carry them out be provided to the field investigators. Recommendations 1. Supplementing the OIG DoD directives and policies should be discouraged except in cases specifically approved at the component 1eadership level. 2. If it is appropriate to supplement an OIG DoD directive or policy, the proposed supplement should be reviewed by senior leadership at the component level to ensure that its content is both known and that it supports the OIG DoD leadership's intent. 3. Policies and their reason for being should be clearly communicated to and understood by the component staffs. 4. Policies to provide guidance to the OIG DoD regarding waging the war against terrorism should be developed. In particular, policies are required regarding the war's execution, particularly by investigators in the field. 19 DoD IG FOIA 19 Task 2c PERSONNEL MANAGEMENT Summary The Administration and Information Management Directorate, OIG DoD provides personnel and human resource advice, assistance, and services. However, some components of personnel management and development are under control of the managers and supervisors in other components and are ineffective or perceived to be unfairly administered. Discussion Where Personnel Management Occurs The Administration and Information Management Directorate (AIM) performs centralized civilian personnel management for the OIG DoD. This consists of typical human resource actions such as providing advice, assistance, and services, and personnel policy. These actions include classification and management, recruiting, merit promotions, administration of health and insurance benefits, and the handling of records being sent to the Washington Headquarters Services for maintenance. AIM services are well organized, responsibly managed, and effective. Personnel and human resource management internally within other components of the OIG DoD is limited but is critical to the development and maintenance of the workforce. It consists mainly of recruiting (in some cases), managing the development of assigned personnel, selecting them for education or training, preparing them for increased responsibilities and eventual promotion, developing with the employee the Performance Plan and performing performance appraisals, making or recommending promotions and reassignments, and recognizing employee achievements. These are more than elements of personnel and human resource management; they are elements that reflect both effective (or ineffective) management and leadership that will "build the bench" (or prevent the building of a bench) of future high grade General Schedule and Senior Executive Service employees. Interviews, seminar responses, and the OIG DoD Employee Survey ("The Survey") (Annex I, OIG Employee Survey) all revealed widespread dissatisfaction with many elements of personnel and human resource management handled by components other than AIM. Examples are: Training Most OIG DoD employees know what training they need to progress in their career but do not believe that they will receive it when the time comes due to lack of funds, a coherent training program, favoritism in selecting attendees, or a supervisor who will not release them to attend the training. This is supported by the responses to questions 5 and 6 to The Survey. The responses indicate that 48% of the persons expressing an opinion are not confident that they will receive the needed training. There were numerous narrative responses on this subject as well. It is essential that the current education and training situation be corrected, both for the benefit of OIG DoD personnel and the future professionalism of the agency. See Findings: 4-004 Education and Training; 4-001 Improvements In The Assignment And Schooling Of OIG DoD Military Personnel Are Needed; and Specia1 Assessment Funding of the OIG DoD 20 DoD IG FOIA 20 Assignments Staff development rotational assignments are represented as fostering professional development and growth. It is far from clear that that they do either. In fact, they are a source of significant employee dissatisfaction. In seminars, interviews, and in the narrative responses to the OIG DoD Employee Survey, it was made clear to the Assessment Team that rotational assignments are often seen as rotating junior auditors who possess limited auditing experience and little or no technical or functional expertise from one directorate to another directorate where they possess limited auditing experience and little or no technical or functional expertise. Assessment A-005 Junior Auditor Rotational Assignments. The rationale and methodology of rotational assignments should be re-evaluated. For some personnel, they may not make sense. For others they may make sense but the rotational cycle should be lengthened. Recruiting Some OIG DoD personnel management processes are adversely impacted by the organization's "flatline budget" The budget limitations affect everything from employee Performance Cash Awards and training to the quality of individual workspaces and savings should be sought from all logical sources. It is possible that the Recruitment Bonus paid to new auditors may no longer be necessary in view of the successful non-bonus recruiting by OIG's from other federal agencies in 2001. The logic of this bonus should be reexamined. Promotion Identifying and selecting individuals for promotion are among the most important responsibilities of good managers and leaders. A good promotion choice made under a fair selection process rewards performance, recognizes the selectee's potential for added responsibility and authority, and sends a positive message throughout the activity. Choices that are poor or unfair, or are perceived to be so, send a demoralizing message. Based on the seminars and interviews and reinforced by the results of both The Survey question responses and narrative responses, there is a widespread belief that the OIG DoD promotion processes are unfair and frequently the wrong people are being promoted. Assessment of Special Subject Area: Promotions in OAIG Auditing. That applies to selection of SESs, supervisors and intermediate leaders and managers, and lower graded personnel. For example, 56% of the respondents to question 7 of The Survey stated that they believed that their supervisors and intermediate leaders are selected based upon whom they know rather than what they know. It is impossible to determine whether the widespread concern regarding unfair promotion practices are justified or are erroneous perceptions. As a practica1 matter it makes little difference. The perception of unfairness or poor choices is as damaging as fact in areas (such as this) that adversely affect employee value judgments regarding the honesty, and ethics of an organization and its leadership. This must be corrected. Performance Plan and Performance Appraisals Inspector General Regulation 1400.430 Performance Management requires the preparation of Performance Plans. Information developed by the Team indicates that this is not universally done and where it is, the prescribed schedule is not always followed. This is a source of concern to many employees who state that they either do not know what is expected of them, or do not see 21 DoD IG FOIA 21 how they can receive an objective Performance Appraisa1 rating without a measurable goal for them to attain. Mentoring Mentoring is a successful form of employee personnel development, and since it includes career development advice and assistance, it is an informal form of personnel management as well. There is a formal mentoring requirement in the OIG DoD but only 70 people are actually being mentored. The underutilization of mentoring amounts to a missed opportunity to more rapidly and effectively develop knowledgeable, effective, and dedicated employees who are better prepared for promotion and assignment to positions of greater responsibility. Finding: 4-006 Mentoring Program in GIG DoD Auditing Attitude Towards Employees Within the Federal bureaucracy the attitude of managers towards their employees is generally not considered to be an issue of personnel management. However, as a practical matter, it should be considered so since it affects the personal and career development of employees. It is even a determinant of whether the employee wil1 remain with and progress within the agency or leave for a different and more fulfilling job. The Team encountered numerous OIG DoD employee comments in seminars, one-on-one interviews and in The Survey regarding supervisor "handsoff' attitudes toward employees. This approach to management inhibits employee productivity and ambition. Among these, the most corrosive attitudes from the point of view of the employees were that managers and supervisors: • do not trust employees ■ do not help employees to be successfu1 ■ do not give employees enough responsibility, challenges, responsibilities ■ do not discuss with employees their goals, tasks or responsibilities Clearly, it is far better for the OIG DoD to have employees who know that they and their work efforts are both valued and will be rewarded, who desire to continue in and progress in their jobs, and who will learn from their supervisors and mentors how an effective leader and manager deals with peers and subordinates. This approach will prepare them for future supervisory positions and success. Recommendations 1) Evaluate training needs, and plan for and program the funds necessary to conduct it. 2) Re-examine the junior auditor rotational assignment policy to determine if it is as counterproductive as believed by many audit employees. 3) Re-examine the need for the Recruitment Bonus for new auditors. 4) Reform the promotion process to remove every possibility or appearance of unfair selection. 5) Enforce the requirement to prepare Performance Plans. 6) Expand the mentoring program to benefit more employees. 7) Improve supervisor "people skills" through education and training, leader-subordinate mentoring, and counseling. This can be made a factor in the annual Performance and Appraisal rating. 22 DoD IG FOIA 22 Task 3: AUDIT PROCEDURES and POLICIES in OIG DoD SummaryThe OAIG Auditing is a major component of the GIG DoD. Its past accomplishments have been laudable but substantial improvements are needed. The process for issuing audit reports, as well as the reports themselves have suffered in recent years. Self-imposed metrics concerning productivity have emphasized quantity over quality and form over substance. A performance metric on client concurrence rates for audit findings and recommendations should be eliminated. Efforts to improve internal quality controls have resulted in multiple layers of review and paperwork. Reforms have been confusing and have increased editing time. Compliance with Government Auditing Standards and OIG DoD audit policies and procedures remains a problem. Credible evidence indicates audit findings and recommendations were diluted or eliminated. The professional staff needs to be overhauled. A pervasive system of cronyism drives promotions, work assignments, and performance awards. Potential whistleblowers are deterred with reprisal and the message is ignored. Training of auditors lacks a systematic plan. Junior auditors are rotated too early and often. These circumstances erode morale and contribute to the attrition of skilled auditors when its aging work force is already exhibiting a shortage of critical GS-13 employees. Discussion As of June 29, 2002 OAIG Auditing had an assigned strength of almost 700 personnel (including 15 military). This represents better than 50% of the OIG DoD strength. This manpower is primarily a sign to four operating directorates and a fifth directorate, the internal quality control, audit follow-up, GAO Affairs, and support. Of these OAIG Auditing personnel, over 500 are auditors, over 100 at some geographical locations other than the Arlington, Virginia headquarters. Succinctly stated, this is a robust organization that has many of the mission responsibilities as delineated by the Inspector General Act of 1978 (as amended). As required by The Act, OAIG Auditing submits the majority of annual and semi-annual required reports and also provides Congress a copy of all final audit reports within a relatively short time of their completion. It performs the primary internal audit function within the Office of the Secretary of Defense, the Joint Staff, the Combatant Commands, the Military Departments and other widely dispersed and specialized defense components. The senior leadership within OAIG Auditing includes 8 of the 15 assigned OIG DoD SESs and 30 of the 56 OIG DoD assigned GS-15s. Clearly, the majority of the senior OIG DoD leaders reside within this organization. Methodology Considering the OAIG Auditing personnel assets, the geographical dispersion of some elements, and the assigned multiple missions, the Assessment Team had to be certain that our evaluation methodology was complete and all-encompassing. As stated earlier in the report, our process started with organizational briefings by key OAIG Auditing personnel, interviews, seminars and on-site visits to the headquarters and to some field locations. This process was supplemented with anonymous information received by telephone, email, letters (both mailed and slipped under the door), and the OIG Employee Survey. The Assessment Team is satisfied that the evaluation was complete, thorough and impartial. 23 DoD IG FOIA 23 Areas of Concern The Assessment Team found problems within the operational side of OAIG Auditing as well as within its management of personnel. These areas of concern resulted in substantial erosion in the morale of the organization. Employees felt dispirited about how they and their work were treated by management. Work Product Issues The current process for issuing audit reports is subject to several questionable metrics. Although any organization needs to measure its own performance, several tools of measurement now in use at OAIG Auditing have resulted in unintended and undesirable effects. These are selfimposed and not required by law. First, managers issue a given number of draft and final audit reports for a specified period. Annual performance plans typically contain these goals. During the course of the year, managers base decisions on whether they will satisfy their performance numbers. The Assessment Team learned that managers would slow down work once it became apparent that they would meet their goals. The notion was that work in the pipeline should be saved and applied toward the goals for the next year. Conversely, auditors shared examples of managers dividing the scope of an ongoing audit in order to spawn two separate audit reports. This enabled a manager to meet his goal in half the time. The overall effect of this metric was to emphasize quantity over quality or form over substance. A second troublesome metric requires a 90% client concurrence rate by DoD management with OAIG Auditing recommendations (or agreement to take an acceptable course of action). It is contained in OAIG-Performance Metric 1.B.3 "Recommendation Concurrence Rate." During the initial briefing for the Assessment Team, management for OAIG Auditing was proud that it had achieved a 97% rate for MY 2001. The risk inherent to any concurrence metric, much less one with a 90% rate, is that the contents of audit reports may be watered down in order to obtain agreement from the audited DoD agency. Other OIG officials within the federal government expressed surprise to members of the Assessment Team that an auditing organization like the OIG DoD would even use such a metric. They suggested a better approach of measuring the results of the recommendations rather than mere agreement with the recommendations. The process for generating audit reports also bears the scars of severa1 external peer reviews that have tracked problems with the design and implementation of quality controls within OAIG Auditing. Beginning with a qualified opinion received from the OIG EPA in 1997, and continuing up through another qualified opinion from the OIG HHS in 2001, OAIG Auditing has attempted to take remedial actions to address those peer review criticisms. These responses have taken the form of new or revised quality control measures such as the imposition of numerous checklists regarding working papers and revised Style Tips for Audit Report ("STAR") requirements. The effect has been to 1eave auditors confused and frustrated over an ever changing and burdensome system of quality control. In their words, "checklists have been created for checklists." Staff auditors fee1 that no one in management is tracking the cumulative effect of the new quality control measures. In an ironic twist, notably in the troubled Finance and Accounting Audit Directorate, many auditors end up going through the motions of completing the checklists with the result that their working papers do not always comply with 24 DoD IG FOIA 24 governing standards. They take the position that diligent adherence to the checklists will result in cut corners on quality elsewhere. The foregoing attempts at reform also have helped make the editing process for draft reports more onerous and time consuming. Assessment No. A-009 provides a detailed description of how almost half of the time to complete an audit report is now spent in the editing stage, a process that does not always improve the product. A draft audit report may repeatedly bounce several times between up to six layers of review at two different junctures in the performance audit process. As one auditor put it, each level of management feels compelled to leave their "scent on the report." A final concern about work product voiced by OAIG Auditing employees is that audit report findings and recommendations are sometimes diluted or killed all together for questionable reasons. Credible examples were provided to the Assessment Team. This practice not only compromises the work product of the OIG DoD but also takes a toll on employee morale. Auditors are naturally upset to see documented findings left out of an important audit report. Personnel Related Issues Our Assessment Team sensed early on, particularly through seminar sessions and personal interviews, that a significant morale problem existed within OAIG Auditing. Personnel appeared "beaten down," junior auditors reported that they were not productively employed, and there were numerous complaints about a "good old boy" system of favoritism that was often linked to participation on an OAIG Auditing softbal1 team. Many rank and file employees felt that cronyism impacted jobs and promotions, team assignments, and bonus awards. The complaints were frequent and varied. Subsequent inquiries by the Assessment Team validated many of these unsolicited comments. One of the issues often raised by employees related to the quality of senior leadership in OAIG Auditing. The managers in question were viewed as members of a "good old boy network" which was often cited as having created a climate of favoritism and cliques. They typically react to suggestions and warnings with a defensive posture that often results in reprisal for employees who expose waste or mismanagement. The survey conducted by the Assessment Team further confirmed these perceptions. Senior leadership was viewed as part of the problem rather than part of the solution. Employees often noted that many of these managers were technocrats as opposed to 1eaders with vision. The "Leadership" assessment addresses this issue in greater detail. Many employees within OAIG Auditing believe that promotions are not based on merit or awarded with impartiality. Although OAIG Auditing has written procedures that govern the promotion selection process, employees noted that top rated candidates are sometimes passed over for someone else further down on the list who is below the "best qualified" category. The rank and file view the promotion process as a tool which management exploits to reward its friends, particularly those who play on an OIG DoD softball team. The Special Assessment "Promotions in OAIG Auditing" provides a telling case study of two promotion panels for GS-14 positions that were held within the past year. In both instances, less qualified applicants were selected at the expense of much higher rated applicants. Several members of the interview 25 DoD IG FOIA 25 panels were disgusted with the unfairness of the final selections made by the current Acting AlG Auditing. Employees view the assignment of personne1 to individual jobs and teams within OAIG Auditing with suspicion. Assignments based on reasons other than merit or need can adversely affect morale, particularly in large organizations with multiple directorates, divisions, and teams. Although any large organization will exhibit lateral employee mobility, such moves in OAIG Auditing are often viewed as rewards to management "pets" or punishments to disfavored employees who are not part of the ruling clique. Some components are overloaded with talented auditors and given plum assignments while other elements are understaffed with as little as two auditors and assigned inconsequential projects or "cookie cutter" audits. Plum assignments stand to greatly affect an employee's resume and chances for future promotion. In other cases, employees who are at odds with management are assigned to Program Directors known to have abrasive styles of management in the hope that such a hostile working environment will drive the employees to resign from the OIG DoD. Senior officials even admitted to once having had "Turkey Farms" which grouped disliked employees onto the same teams. In short, the perception that employee assignments by senior management are tainted by favoritism (e.g., based on softball teams and car pools) only serves to undercut confidence in the leadership of the organization. The Assessment Team uncovered enough evidence to conclude that this perception has a strong grounding in reality. Although the issue of employee training is discussed in the "Education and Training" assessment, additional comments specific to auditors are in order. When college graduates join OAIG Auditing, they not only must be exposed to the mission and agencies of DoD, but they must frequently make the transition from accountant to auditor. This process requires an initial orientation to the government auditing process. This limited training is normally accomplished in a timely manner. The minimum continuing professional education requirement of 80 hours (to include 24 core hours) over two years with at least 20 hours in one year is also being attained. Training beyond these requirements, however, is fragmentary at best. This concern is exacerbated by the premature rotation of junior auditors between directorates. They are not left in place long enough to sufficiently learn the mission of the directorate and the DoD agencies they audit. Assessment No. A-005 provides the details and adverse affects from this misguided OAIG Auditing policy. The last external peer review by OIG HHS also detected record keeping deficiencies in the area of training. OAIG Auditing officials blamed the problem on OAIM's administration of the records. Finally, a growing personnel issue for OAIG Auditing is the aging of its workforce. When the top three grades (i.e., SES, GS-I5, and GS-14) are grouped together, approximately 64% are over 50 years old. When broken down, all of the SES employees are over 50 and 72% of the GS-15 mangers past that age. Since FY 1998, over 400 audit personnel have left OAIG Auditing, including 131 critical GS-13s. About 50% of the GS-13 positions turn over every three years. This is a significant talent drain, especially for the pool of auditors who do actual audit work and who wil1 later become managers with an institutional expertise. Some of these auditors depart for other higher paying positions (e.g., OIG U.S. Postal Service), but others depart due to dissatisfaction with current OAIG Auditing 1eadership. Current plans to recruit do not appear to explain where replacements with a strong background in government auditing 26 DoD IG FOIA 26 standards and DoD agencies will be found. Raiding other agencies for their GS-13 auditors ignores the fact that the issue of an aging workforce affects all agencies within the federal government. This situation has long term training implications. 27 DoD IG FOIA 27 11. Revise the Junior Audit Rotation Policy to allow a new auditor time to sufficiently learn the functional and technical aspects of their job prior to rotating to another directorate. 12. Ensure that each audit directorate has a sufficient number of qualified functional/technical auditors to assist the audit teams in conducting complex audits. Task 4: Education and Training in the OIG DoD Sum mary Education and training in OIG DoD is in some disarray. There is no articulated professiona1 ethic for IGs. There is no one senior staff responsible for the function. There is no overall system to plan, program, budget, and manage the function. Technical training in the components is being attended to. The most serious deficiency is a lack of a program for progressive leadership education specifically for OIG DoD. Introductory training for new employees is planned, but sporadically delivered. This causes a serious handicap for OIG DoD people who will be auditing, investigating, and inspecting the complex organization that is DoD. Why Education and Training? Education is defined as learning why we do things; training is learning how we do things. An ethic of professionalism for IGs is the essentia1 capstone for education and training. The OIG DoD is more than an organization; it closely resembles a profession and has most of the attributes of a profession*, i.e. ; • Authority delegated by Congress, • Unique expertise, • Limited autonomy, and • A culture distinct from the rest of DoD, with a code of ethics, cohesive and self-policing. Education and training develop and sustain a profession's unique expertise. More importantly, education develops and sustains leadership, fosters cohesion, and generates pride. The Assessment Team has made an examination of education and training in the OIG DoD. This part of the assessment is a result of our task to identify deficiencies in (education and) training programs and provide recommendations for improvement. The results of this assessment follow. Education and Training in OIG DoD As It Is. Responsibility for Education and Training. There is no one in charge of the OIG DoD education and training effort. The "unique expertise" of professionalism is not being nurtured. As a result, the pride born of confidence in demonstrated ability is neither strong nor widespread. (See Finding # 4-005) Education and Training Model. A model would establish the education and training goals keyed to the career development for each career field in the OIG DoD. There is no overall education 28 DoD IG FOIA 28 and training model for the Office, though each component has the elements of a training model attentive to the technical requirements of their dominant career fields. As a result, the leadership and management education that generates professionalism is not given high priority for resources. (See Finding #4-003 and OIG Employee Survey) Resources for Education and Training. The management of resources (money, time, people and technology) in OIG DoD to support education and training reflects the decentralized management of the function. There is no proponent for education and training in the Senior Management Group where resource priorities are established. Each of the components has education and training models of varying degrees of sophistication and utility. They follow those models as current resources permit. (See Finding # 4-002) A "Bubble Up" System. Overall the ambitious mid-grade civil servant in OIG DoD is left to seek leadership and management education on his own. This is not universal, but too often the essential responsibility of leadership to develop subordinates is forgotten in the pressure of deadlines and routines. Mentoring of junior grades is not common. The efficiency of "training the trainer" is neglected. (See OIG Employee Survey) Bright Spots. There are bright spots in the OIG DoD education and training assessment. Technical training, particularly in Auditing and Investigations, is being attended to. Employees are seeking the training they need to stay abreast of their career fields; Program Directors and Program Managers are, in some cases, encouraging employees to do this. It is not surprising that the prevalence of this essential function of 1eadership is in direct proportion to the overall effectiveness of individual leaders. (See Assessment Number 4, Education and Training and OIG Employee Survey) New Mission. The Assessment Team will recommend that the OIG DoD develop an inspections capability. This capability will require significant education and training support, particularly for employees transferred from other DoD functional areas. One training source for inspectors is the Army Inspector General School at Ft. Belvoir. All Army officers detailed to OIG DoD attend that school as do a number of other service officers. A mature education and training system for OIG DoD must include provision for this new mission. IG Training in DoD. The Assessment Team was tasked to review DoD training practices for auditors, evaluators, investigators, and inspectors within the overall policy oversight of the IG DoD. This is a desirable effort, particularly as DoD's thrust to transformation impacts on DoD's personnel and money resources. However, in our judgment, unti1 the OIG DoD's education and training function is overhauled, OIG DoD cannot exercise that Department-wide responsibility. Such a review should be included in a follow-up effort. Areas Requiring Senior Management Attention and Action. Leadership Support. Senior Management, especially at the SES level, should be visible and vocal in their support of education and training within OIG DoD. This support should be manifest in the allocation of the resources of money, time and people. This emphasis should reach every level of every component. All leaders are teachers! 29 DoD IG FOIA 29 A Training Manager. Appoint a senior officer in the OIG DoD, reporting to the Deputy IG DoD responsible for education and training. This official should be responsible for: • • • • Developing a training model 1inking education and training for each level of responsibility in each career field in the OIG DoD. The model must serve both managers and individual employees. Being the proponent for education and training planning, programming, and budget for the Office, Developing, promulgating, and exercising staff supervision over, education and training policy for all components of the OIG DoD. Maintaining all training records, both individual and organizational. Planning and executing the transition of the current OIG DoD education and training arrangement to a coherent system outlined in these recommendations. A Training Model. Develop and execute an education and training model for OIG DoD. This is the essential tool to plan, program, budget and manage all education and training in the OIG DoD. The steps in the development of such a model are as follows: • Develop a Mission Essential Skill List (MESL). For each grade level from GS-4 through GS-15 in each career field in OIG DoD, identify the mission essential skills necessary to accomplish the OIG DoD mission. This will require a bottom up development process possibly taking an 18-month period. • Identify Training Sources. Inventory al1 possible sources of education and training that can efficiently satisfy the MESL. Consider OJT and mentoring, OIG DoD in-house, governmental, and non-governmental sources. Cost each source in time, people, and dollars. • Enhance DAMIS. Use the DAMIS system, developed in OAIG Auditing, as a basis for developing the OIG DoD training model. With continued aggressive enhancement, "DAMIS-PLUS" can become the education and training model for OIG DoD, and it could be the key instrument in managing the transition from the present fragmented system to a model driven system. Examples of the rudiments of a training model can be seen on the IGnet, PCIE/ECIE Quality Standards, Quality Standards for Investigations (1987), Annex B, and Appendix A, Quality Standards for Inspections (1993). Web Site: http://www. ignet.gov/pande/standards.html • Plan, Program, and Budget. Education and training funding has remained relatively flat and inadequate for the past three fiscal years. Once a training model is put in place, OIG DoD will be able to express aggressive training funds requests in terms of mission essential skills, and will be able support requests to DoD and the Congress to sustain those skills. o Long Range. Forecast for a rolling five fiscal years the education and training requirements for the Agency as a basis for budget submission. 30 DoD IG FOIA 30 o Short Range. Develop and allocate the OIG DoD education and training resources six months before the fisca1 year begins. o Near Term. Based upon quarterly reprogramming, support unfunded education and training requirements at least one quarter before the training is available. • Make Program Assessments. Make periodic assessments of the effectiveness of training by post-course reports of OIG DoD students, their supervisors and by visits to training sources. Modify planning based on assessment results. In fact, an inventory of al1 training sources available to OIG should begin now with the purpose of insuring that these sources meet current OIG education and training needs in the most cost – effective way. Such an inventory would ease transition to a model driven system. As an OIG DoD training model matures it will become apparent that a possible alternative to the use of out-of-house training resources is the establishment of an OIG DoD Academy. Such a facility could offer tightly focused courses, specifically tailored to the assessed needs of OIG DoD as identified in the MESL. The cost-effectiveness of this approach should be determined based on a ten-year comparison and on the use of contractors or some selected OIG DoD managers as instructors. A matter of concern, particularly among program directors and program managers, is the mediocre quality of expository writing and prerequisite analytical thinking of their subordinates. Since OIG DoD's reputation for excellence rests on the accuracy and clarity of its written communication, this deficiency is serious. Again, education and training, along with leader-led mentoring, is the remedy. (See Assessment A-003) In the team's many seminars, one-on-one interviews, and the Assessment Team's employee survey results there was much discomfort with the quality of leadership in the components. This discomfort is so widespread as to be a matter of serious concern and examination by the assessment team. In the main, DIG DoD senior leadership, particularly at the SES level, is viewed by the assessment team and the rank and file as self-centered, self-serving, defensive, and resistant to change. In addition to draconian personnel measures, the solution to leadership ineptitude and inexperience is education and leader-led mentoring. The senior leadership must make this their first education and training priority, whatever the final shape of education and training in OIG DoD. (See Special Assessment on Leadership, OIG Employee Survey) Recommendations 1. Senior leadership must be visible and vocal in their support of education and training. 2. Appoint a senior staff officer as Director of Training reporting to the Chief of Staff. This staff officer to be responsible for the policy development, planning, programming, budgeting, and staff supervision for education and training in OIG DoD. 3. Develop a comprehensive training model for OIG DoD. 31 DoD IG FOIA 31 4. Develop a Mission Essential Skill List (MESL) for every career field, for every grade level in 010 DoD. 5. Plan, program and budget for education and training on a long, short, and near term basis. Make a continuing program assessment. 6. Consider the establishment of an IG DoD academy. 7. Make leadership education the top priority. 8. Embed an ethic of professionalism, as defined above, in the OIG DoD Strategic Plan, in the OIG DoD doctrine, and in the education and training of every employee. Special Subject Areas Subject: An Assessment of Leadership in the Office of the Inspector General of the Department of Defense Summary Feedback to compile this report was obtained from one-on-one personal interviews, from numerous seminars and also from the Assessment Teams Survey of the DIG DoD employees. As a general observation, senior OIG DoD leaders have displayed by their actions an arrogance of leadership and have placed their personal aspirations and goals above DIG DoD's mission accomplishments. A buddy system or "who you know" permeates the agency in both facts and in perception. OIG DoD personnel view senior managers, with few exceptions, as being entrenched and intractable. It is believed that reprisal or retaliation could result if the party line is not followed. As a first corrective step, leaders (SESs and GS-15s) should be required to attend leadership, sensitivity, and interpersonal relations training. Overview Within the OIG DoD organization there is a plethora of leaders. These positions vary from the Inspector General and the Deputy Inspector General down to Team Chiefs. Regardless of their position, leaders should possess the ability to supervise, to communicate, to teach, to analyze, to be a role model, and to evaluate and meet challenges. Since leaders progress through a succession of promotions and resulting concomitant increase in responsibilities, future leaders must also be exposed to an increasing level of training focused specifically to increase their requisite skills. One of the intrinsic aspects of leadership is the individual's ability to influence positively other personnel to accomplish valid goals and tasks. Admittedly, leadership is a very subjective area with the answer being in the eyes of the beholder. However, there are some traits and principles that every successful 1eader must follow. For a leader to be effective, he must be a trusted and wise counselor and teacher. A leader must mentor subordinates as a logical progression in the 32 DoD IG FOIA 32 maturation process. He must be honest, possess integrity, be trustworthy, and above all, lead by example. While some people believe that these traits can be taught, there is unanimity that the mores of a culture will determine an individual's ethos. In this regard, recent college graduates, who are assigned to the OIG DoD, may have a personal challenge meeting the ethics, honesty and integrity standards. This is especially true when considering the new employee's mores and their recent learning environment. Regardless of the traits of a perfect leader, training is the core element to the schooling of future supervisors. Failure to provide the requisite training will sometimes doom our up-and-coming personnel to only an on-the-job learning curve. General Baron Friedrich Von Steuben, the first Army Inspector General, recognized the importance of discipline and reasoned that partiality and prejudice may be the ruin of discipline. He further believed a misuse of authority was an anathema for an effective organization. Von Steuben believed strongly that leaders above all must display a sense of responsibility. Current Leadership Culture Feedback from subordinates was received from numerous seminars and personal one-on-one interviews – many were unsolicited and conducted with past and present OIG DoD personnel. The Assessment Team's OIG Employee Survey also provided invaluable feedback on the senior leadership issue. The survey results and an analysis are reported as a separate assessment. As a general observation, OIG DoD senior leaders displayed by their past actions a complete disregard of what is correct and proper for the OIG DoD. Their own personal aspirations and goals are paramount and an attitude prevails that they will survive the new IG DoD. They have demonstrated an arrogance of leadership and this culture exists within the agency. Leaders have established valid rules, policies, and internal regulations for the efficient operation of their offices, but they often circumvent these rules for personal reasons. Subordinates frequently relate stories that it's a "who-you-know" feeling that permeates OIG DoD. Although some stories are perpetuated by the rumor-mill, the perceptions exist because of past actions and possible unethical conduct. Many stories relate personnel actions involving intra-office moves, promotions, rewards, and bonuses. A senior leadership culture exists that we can-do-no-wrong and the status quo is a good standard. There is a climate that resists change. Leaders were heard to state, "can't believe that you are listening to complaining subordinates" and "I don't believe in mentoring because I didn't get a bonus when I first came here". Unfortunately, the content of one's character is revealed by how you think and what you do – not by the policies and procedures that are promulgated. Personnel view senior managers as being entrenched and intractable – often refusing to discuss issues without explanation. It is also feared that reprisal or retaliation could result if the party line is not followed. Some employees have been advised to "not make waves". This working environment is totally unacceptable in any organization and must not continue to flourish in the OIG DoD. Numerous feedback was received that OIG DoD leaders do not foster a climate to that accepts honest mistakes. The prevailing leadership attitude is that the written fina1 reports go to 33 DoD IG FOIA 33 Congress and they must be perfect. While the final report high-standards are valid and attainable, there should be a participative management and positive learning atmosphere. Subordinates should be exposed to a clear, concise writing style that is consistent throughout OIG DoD. The style could be explained in an SOP and by correspondence writing courses taught in-house by college professors. Then leaders must hold to these standards without imposing their own prose style. Subordinates must subsequently be nurtured to meet the established standards. The OIG DoD requires improvement in the middle management people skills and in the training area. As addressed in a separate Special Assessment of task number 4, there is a void in training within the OIG DoD. The program is fragmented without a central training agency and point of contact. Succinctly stated, no one is in charge. Senior OIG DoD leaders were doing very little mentoring. What was being accomplished was more by accident than a planned program. To illustrate the diversity of possible mentoring approaches, another OIG organization identified five highly talented employees per year to develop as future leaders. A combination of both mentoring and professional schooling would then follow. OIG DoD requires a program that provides the wise counsel while selecting talented future supervisors. Underlying the above discussion is, as stated by the President's Commission on Integrity and Ethics, that the Inspector General must be impartial with their opinions, conclusions, judgments, and recommendations. In the described leadership atmosphere, it is difficult to visualize how the OIG DoD can be perceived as impartial, straightforward, and above- board. Recommendations 1. Senior managers (i.e., SESs, GS-1 5s and GS-14s) should be required to attend leadership, sensitivity, and interpersonal relations training. This training could be given in-house with adjunct college professors. 2. If not already accomplished, each AIG DoD should be required to conduct an office goal setting conference. 3. An improved OIG DoD mentoring program should be developed. Subject: An Assessment of Ethics and Integrity in the Office of the Inspector General of the Department of Defense Summary Ethics and Integrity in the OIG DoD are imperatives; they brook no priorities. The Agency's reputation for ethics and integrity is fragile, and trust once lost is hard to repair. The unsavory events of the past few years involving OIG DoD have eroded that trust both in the Department and in the Congress. IG DoD has announced that ethics is his highest priority. A high standard of ethics is embedded in the Agency's Strategic Plan and in the Annual Performance Plan. There is mandatory annual ethics training for all covering the details of the application of the many ethics regulations, directives, and policies. There is an aggressive Ethics Review in progress in 01G. What is missing, so far, is the obvious and visible presence of the senior leadership who report to 34 DoD IG FOIA 34 the IG DoD, setting the example, reinforcing truth as the bottom line, and nurturing ethics as the basis for professionalism. The Assessment Approach The Assessment Team has made a review of ethics and integrity in the OIG DoD. This part of the assessment results from the avowed intent of the 1G DoD to restore confidence in the integrity (ethics) of the OIG DoD. Ethics are the rules or standards of conduct governing the members of a profession. Integrity is the firm adherence to a code or standard of values. Ethics are organizational; integrity is personal. Ethics and integrity in the OIG DoD are imperatives. They brook no priorities. They must be pervasive at every level of leadership and in every component of the OIG DoD. Ethics and integrity are vital and fragile elements of the culture and reputation of any organization, and every member shares in, and contributes to, that culture and reputation. Trust in the ethics and integrity of an organization, once lost, is hard to regain. Integrity is imbedded in the character of each individual; therefore the results of our assessment reflect employees' personal perceptions and opinions. Ethical rules of conduct are more visible. They are in place OIG DoD. The results of this assessment follow. The Erosion of Ethics and the Results Congressional Concerns. Congress has a proprietary interest in the OIG DoD. Between 60% and 70% of the work done in the Office is generated by Congress. Congress's enthusiasm for IGs is rooted in their trust in the ethical standards and integrity of an institution they have created. When there is a breach or a perception of a breach of that trust, the effects are corrosive and long term. Unsavory events of the past few years in the OIG DoD have had that effect, and have increased the tensions normally part of the OIG DoD's relations with Congress. Ethical Climate in OIG DoD e Perceptions of the ethical climate vary at various levels of maturity, length of service, and responsibility. All levels in the OIG DoD agree that the great majority of employees in the OIG DoD have integrity and want to do the right thing. The Assessment Team concurs. (Survey results) • No closure to the Working Paper issue. Face to face interviews of middle and senior employees reveal a mixture of impatience for the issue to go away, chagrin over the degradation of professional reputation (collectively and individually), confusion over the facts of the incident, and dissatisfaction with the sanctions imposed as a result. Some have transferred these frustrations to blame certain members of Congress or their staffs for their overreaction. 35 DoD IG FOIA 35 • Various incidents of the past three years such as the Mancuso nomination, the Hollingsworth affair, and the working papers scandal received attention in the press. These had impact inside OIG DoD, in the Congress, and with the public. Outside/Inside Culture. Adherence to OIG ethical standards varies with age, grade, and time in OIG DoD. • Many employees coming to OIG DoD from high school or college arrive with a different standard of integrity than that which must exist in OIG DOD. It is naive to assume that such a transition to a more demanding standard of integrity will occur automatically. • Internally, adherence to OIG DoD's code of ethics is driven by procedures, but the measures of effectiveness do not necessarily present a true picture of the ethical culture. Annually, close to all OIG DoD employees certified that they had completed annual ethics training, yet at least 12 employees were involved in the working papers incident. • There is a perception among junior employees that the higher the grade, the less the rules apply. Whether or not this perception matches reality is immaterial; the perception must be changed by the official actions and personal conduct of senior leaders. (AssessmentLeadership, Survey results). Integrity of the Audit Processes. OAIG Auditing has established measures of effectiveness that provide incentives to water down the accuracy and thoroughness of OIG DoD audits. Emphasis on the quantity rather than quality and candor (telling it all, and telling it as it is) is an affront to the integrity of individual auditors and the ethics of OIG DoD. Left unchanged, this situation makes a mockery of the of the high standards and the priority of ethics current in OIG DoD. Junior employees perceive that there is a "zero defects" atmosphere abroad in OAIG Auditing. This situation is corrosive; it must be changed. ( See Assessment A-006). The "Working Papers" Issue. The working papers issue will be presented in detail elsewhere in the assessment. Interviews with many involved at various levels reveal a case study in rationalization and quibbling. The Assessment Team's investigation shows how a group of normally honest people can be induced to dishonesty by the push of events, ambitious leadership, and an overriding desire to excel. The result of the reconstruction of spurious working papers was a collapse of the ethical structure among those involved. (See Working Papers Issue Report.) Areas Requiring Senior Management Attention or Action. The solution to ethics and integrity problems in OIG DoD is not one of more regulations or directives; there is a plenitude at every level of the executive branch and in the OIG DoD. The challenge is to embed ethics and integrity in the ethos of OIG DoD. Responsibility for Ethics and Integrity in OIG DoD). Line responsibility for ethics and integrity must rest clearly and unequivocally on the shoulders of the OIG chain of command. Staff responsibility for administering the OIG ethics program rests with the Ethics Coordinator and is being well done. The danger is that the 1ine managers lose touch with the true ethos of integrity 36 DoD IG FOIA 36 in their components, and the rank and file wil1 relegate ethics to the level of just another requirement to fulfill. Whatever reorganization of OIG DoD that may result from the Assessment Team's recommendations, the clear line of ethics responsibility must be visible to all. Set the Example. Responsibility for ethics and integrity demands that every manager set the example by: • Reinforcing truthfulness as the bottom line in every official and unofficial act. Just meeting the requirements of law and regulations is not enough; that leads to legalism and quibbling. • Set clear ethical standards. Once standards are practical and clear, they must be enforced impartially and fairly. • Tolerating honest mistakes and inexperience. The danger of renewed emphasis on ethics and integrity in OIG DoD is overemphasis. Single-minded emphasis, or the appearance of an "enforcer system", will kill initiative in the new or inexperienced employee. Managers must be tolerant of honest mistakes and inexperience. The indispensable mentoring by every level of leadership is one solution. Enforce Discipline. Adherence to standards of excellence in the OIG DoD must be based on a foundation of discipline; standards of excellence are no exception. • Evaluate ethics and integrity in annual performance evaluations. One powerful method of reinforcing high ethica1 standards is to include evaluation of employees' performance in adhering to the standards appropriate for their grade and position. • Impose tough, fair sanctions. Within the intent of law and regulation, responsible officials must impose sanctions on those who cannot or will not meet the OIG DoD ethical standards. Managers must take care to ensure that the right of the individual to his reputation is protected. Sanctions should be imposed as quickly as law and regulation permit. The essential facts of a given case, including any punishment imposed, should be made public and rumors countered. Assess the ethica1 "climate" of the OIG DoD. The Ethics Task Force (ETF), chartered by the IG DOD before the assessment team began work, has proposed a three-tiered assessment of the state of ethics and integrity in the OIG DoD. A member of the Assessment Team has attended two meetings of the task force and has been privy to their deliberations. The proposa1 is commendable; it is an essential first step. The Ethics Task Force proposal was presented to the IG DoD on 5 June 2002. It deserves approval and should be supported with the necessary resources. Education and training. Leaders in OIG DoD have the obligation to set the example, to mentor, and to be confident in dealing with ethics and integrity matters in the general or the specific. The recommendations of the assessment team in the areas of education and training address this issue. 37 DoD IG FOIA 37 • Leadership education. The object of education in ethics and integrity is to prepare and encourage leaders at every level to discharge their ethics 1eadership responsibility. The program of instruction for such education should be OIG DoD specific, practical, and keyed to the level of responsibility of the students. • Pride. OIG DoD is not proud. And there is no quick fix. Pride is manifest in an attitude that a good outfit tries to do everything well. Pride begets cohesion; cohesion provides mora1 support for people to adhere to the ethical standards of the group. Developing the pride born of demonstrated ability is the challenge. The patient encouragement of excellence by senior leadership, and recognition of that excellence are the answer. Recommendations 1. Place the responsibility for ethics and integrity in OIG DoD squarely on the line management at each level of responsibility 2. Reinforce truthfulness in every official and unofficial act at every level. Set clear standards. Enforce them fairly. 4. Tolerate honest mistakes and inexperience. 5. Enforce discipline. Evaluate ethics and integrity in annual reports. 6. Support the excellent work of the Ethics Task Force. Approve their recommendations, and provide the necessary resources. 7. Educate the OIG DoD leadership in ethics and integrity as recommended in the assessment of OIG DoD education and training. 8. On the premise that bad news, unlike wine, does not improve with age, The IG DoD should have a full time Public Affairs Officer on his staff. Subject: An Assessment of the Command Climate in the Office of the Inspector General of the Department of Defense Summary The Assessment Team has conducted numerous desk side interviews and small seminars with OIG DoD personne1 of all GS grade levels. These face-to-face discussions coupled with on-site observations have provided the Assessment Team with an insight as to the command climate of the 016 DoD. The OIG DoD Employee Survey supports these insights. The inspection of numerous OIG DoD field offices and the office of the Director for Administration and Information Management (AIM) revealed a very positive command climate while the inspection of the Office of the Assistant Inspector General for Investigations and the Office of the Assistant 38 DoD IG FOIA 38 Inspector General for Auditing revealed a poor and unhealthy command climate. The primary causes of this poor command climate can be directly attributed to micro-management and poor senior leadership. The IG DoD, has already initiated several highly effective initiatives which are improving employee morale and esprit. Discussion No command climate assessment can be completely inclusive of all offices, branches and divisions; however, the Assessment Team was able to gain considerable insight as to the employee's attitude towards their subordinates, peers and superiors and their workplace. The most positive command environment was found in the Office of the Director for Administration and Information Management (OAIM). The employees and managers of this directorate were a cohesive team who displayed a noteworthy positive attitude towards their duties and responsibilities. Interviews with many of the OAIM leaders revealed a healthy respect for their supervisors and subordinates alike and a loyalty towards their leadership. Comments such as, "Out of all the offices I've worked in this is the best" were not uncommon. The frankness and openness with the Assessment Team members was commendable and reflects the positive environment in which they work. They are proud of their work and receptive to new thoughts and ideas. The Assessment Team attributed this excellent working environment directly to a talented and dedicated group of middle level OAIM managers and inspired employees. On the other hand, the two major OIG DoD organizations, OAIG Investigations and the OAIG Auditing reflected a far different command environment. Many employees and middle managers alike viewed these organizations as micro-managed and over controlled. The working environment inhibited creativity and initiative. There was a general perception of unethical or self serving conduct on the part of supervisors and senior managers, especially in the audit arena. Many auditors witnessed "watered down" audit reports and changed audit findings that could not be supported. These unwarranted audit report changes not only caused anxiety and frustration but also resulted in resentment and a lack of trust, faith and confidence in the audit leadership. In OAIG Investigations political considerations resulted in several instances where the results of investigations against major defense contractors were watered down. Both of these organizations suffer from a lack of top-level leadership. Many employees felt unappreciated and noted that the words "thank you", "good job", and "wonderfu1 work" are rarely spoken. The fear of reprisals or retaliation is pervasive. This unhealthy command environment has had a demoralizing effect upon many talented auditors and investigators. There were noteworthy exceptions to the previously described poor command climate in these two organizations. The Acquisition Management Audit Directorate, OAIG Auditing is generally viewed as a good place to work. For the most part, employees in this directorate are cheerful, competent, and proud of their accomplishments. This positive working environment can be in part attributed to the Director, Mary Ugone, who has an ability to relate to and direct effectively the efforts of her subordinates in a positive, caring manner. Most employees hold the director in high esteem. The Deputy Director, Contract Management, Keith West, is consistently described as a bright, knowledgeable, people oriented person who exhibits excellent 1eadership qualities. 39 DoD IG FOIA 39 He too is held in high esteem. Another breath of fresh air in the audit community is a project manager in the Contract Management Directorate who leads and mentors his auditors in an exceptiona1 fashion. There were numerous other OIG DoD employees who exhibit good leadership, management and personnel skills including DCIS OAIG Auditing; Special Inquiries; DCIS; OAIG Auditing. OAIM; and OAIM; Assessment Team visits to numerous field offices found a positive command environment. Interviews with field leaders and subordinates alike revealed a dedicated, competent, responsive and well motivated workforce. The DCIS field offices concerns centered on an inordinate administrative workload and a lack of much needed modern furniture and law enforcement equipment. Weak leadership and a lack of guidance and direction from the DCIS headquarters are frustrating and have a detrimental effect upon the effectiveness of the field offices. Within OAIG Auditing, two directorates have some subordinate divisions whose personnel are split between the headquarters and field locations. In some cases, the Program Director is not with the majority of his/her personnel. This situation requires a careful review. (See Assessment #A004) The command climate and working atmosphere in the Office of Departmental Inquiries is of deep concern. The vast majority of investigators within this office view their organization as micro-managed and over controlled by their leadership. The employees are frustrated with what they perceive as a lack of trust, faith and confidence in their ability to perform their investigative duties and write their reports in an acceptable manner. This is particularly applicable to management in the Special Inquiries Directorate. Numerous examples of endless editing and rewriting of reports were cited as a primary cause of their discontent. The investigators are equally concerned about the lengthy report processing times (see Assessment A-003). Leadership and human relations skills training for the Office of Departmental Inquiries leadership is required. The investigators would be well served by attending a comprehensive analytical writing course. The challenge of fixing the command environment within the OIG DoD will be difficult but is clearly obtainable. The fix is already underway as the new IG DoD has started several simple but highly effective initiatives. First, the command presence initiative where the IG DoD walks through the headquarters complex and meets employees at their worksite is achieving excellent results. Seminars and employee interviews clearly indicate that the boss's "walk-throughs" are deeply appreciated. The timing of these "walk-throughs" should be scheduled to ensure maximum employee presence. The periodic emails from the new IG DoD are the "talk of the town" and are a highly effective means to communicate with OIG DoD workers. These emails are not only informative but also are by-pass surgery that ensures a non-filtered message gets directly to the employees. Some type of OPEN DOOR policy is needed where employees have the opportunity to talk directly to the boss. Since an old fashioned Open Door policy is very time consuming it would probably be more efficient to establish an Open-Door-Email Box that employees can use to email the IG DoD directly. A periodic Navy "All Hands" employee meeting should be considered where the IG DoD personally briefs employees on selected topics. It is imperative that the IG DoD continues with his person-to-person approach to the his employees. Team building initiatives such as off site meetings with senior leaders as well as 40 b(6) DoD IG FOIA 40 teleconferencing with field leaders would be extremely beneficial. Personal IG DoD instruction in leadership, ethics and core OIG DoD values should be undertaken immediately. Recommendations 1. Continue the highly effective "walk-throughs" and IG DoD personal emails to employees. 2. Establish some type of Open Door Policy such as an Open-Door-Email Box. 3. Conduct personal leadership, ethics and core OIG DoD value instruction for all senior leaders. 4. Conduct team building initiatives such as off site meetings with senior leaders and teleconferencing with field leaders. Subject: An Assessment of the Inspection Process in the Office of the Inspector General of the Department of Defense Summary Since its inception in 1983 the OIG DoD had an inspections/evaluation capability in OAIG Inspections. In 1995 the OIG DoD was directed to eliminate 477 positions by 2001. As a result, OAIG Inspections was eliminated and the majority of its personnel were transferred to OAIG Auditing. Since a need exists for an inspections/evaluations capability, OAIG Inspections should be established with an initial strength of 50 employees (25 civilian and 25 military). Civilians to be transferred from OAIG Auditing and military personal from within OIG DoD. The organization is to be austere with only operations, planning and follow-up, and administration (with management info management) capabilities. Discussion Historical Lay Down of the IG DoD The "Inspector General Act of 1978", (as amended in 1982) created the Office of the Inspector General, Department of Defense. The purpose was to establish an independent and objective office: (1) to conduct and supervise audits and investigations; (2) to provide leadership and coordination and recommended policies to promote economy, efficiency and effectiveness in the administration of; and to prevent and detect fraud and abuse; and (3) to provide a means for keeping the Secretary of Defense and the Congress fully and currently informed about problems and deficiencies. DoD Directive 5106.1, dated January 4, 2001 delineated the responsibilities, functions, authorities, and relationships of the IG DoD as contained in the Inspector General Act of 1978 (as amended). The directive stated that one of the missions of the 1G DoD was to "conduct, supervise, monitor, and initiate audits, evaluations, and investigations relating to programs and operations of the Department of Defense." The directive also authorized, along with other organizational entities, an Assistant Inspector General for Auditing and an Assistant Inspector General for Investigations. This directive further authorized "such other offices and employees as may be necessary to carry out the mission, functions, responsibilities and authorities 41 DoD IG FOIA 41 assigned." It is interesting to note, that the Act is devoid of any reference to inspections or evaluations entities within the OIG DoD. On the other hand, the current DoD directive 5106.1 does list "evaluations" in the mission and responsibilities and functions of the OIG DoD. Background Information on OAIG Inspections Beginning in 1983, the OIG DoD had an Assistant IG for Inspections along with other Assistant IG's (e.g., Audit, Investigations, etc.). The AIG Inspections performed program and operation compliance inspections and non-crimina1 specia1 inquiries. Over time, this inspections element varied in size from 130 to 166 personnel. Creating the OAIG Inspections gave the OIG DoD the capability to inspect Defense Agencies and other non-service DoD components that had never before been subject to inspections. At one time over 165 entities had been identified for inspection. From its inception, the inspections element instituted a functional approach to evaluate agency management and compliance with DoD regulations and to highlight systemic problems. In 1995, the OIG DoD was directed to eliminate 477 positions by 2001. This included the requirement to reduce high grades (GS 14 and above), and numbers of supervisors and administrative positions. As a result of these mandated reductions, the OAIG Inspections, and some other 010 DoD elements were eliminated. To a large degree, the functions of the OAIG Inspections were assumed by the OAIG Auditing. These reductions were accomplished without the need to separate involuntarily any employees by reduction-in-force (RIF) procedures. However, grade reductions were part of the reorganization process. Approximately 60% of the OAIG Inspections staff was transferred to OAIG Auditing and many employees were downgraded but were afforded the grade and pay retention features according to Title 5, United States Code. It is a matter of conjecture as to why OAIG Inspections was absorbed by OAIG Auditing. Some reasons for this reorganization, gleaned from personal interviews with various employees, and historical research are: 1. The 477-space reduction was the driving force. 2. The reports from OAIG Inspections were not timely (i.e., 12-18 months to complete). 3. There existed an unhealthy competition between OAIG Inspections and OAIG Auditing as to which office would be assigned specific audits. 4. An adversarial relationship existed between the different AIG's. 5. The OAIG Inspections had morale and leadership problems that affected the efficiency and direction of the office. 6. Although OAIG Inspections did initially conduct an overall assessment (sometimes called a general inspection) of inspected agencies, it gradually drifted towards functional or specific inspections that were narrow in scope. The methodology of OAIG Inspections was approaching that of OAIG Auditing but without the requirement for extensive confirming back up data. As one senior OIG DoD executive stated, " we did not have the luxury to conduct general inspections" and [It is] "Bureaucracy at [its] worst to create an Inspections Division". 42 DoD IG FOIA 42 7. OAIG Inspections lacked the dollar or high value impact as is often displayed in OAIG Auditing reports. Or simply stated, OIG DoD did not get sufficient "bang-forthe-buck". Leadership was more concerned with a dollar assessment than the overall efficiency of a specific command or agency. New OAIG Inspections As stated earlier, the OAIG Inspections was terminated for a variety of reasons. Unfortunately, the rationale, in some cases, was personality driven and devoid of organizational logic. Numerous one-on-one interviews were conducted with former OAIG Inspections personnel and extensive research was conducted on the former inspections process. In addition, the current OIG DoD mission and organization were analyzed and other federal department OIG organizations were researched and some visited. Considering the above, the Assessment Team recommends that the OAIG Inspections be reestablished. Except for a general overall inspection of relatively small DoD agencies, the OAIG Inspections could conduct functional or special assessments, and could provide the nucleus of the OIG DoD's rapid response team for urgent situations. The team could also provide an "eyes and ears" overall assessment of some DoD agencies. Some of these assessments could be done on a confidential basis to assist the requesting agency supervisor. A framework for the organization is explained below. When activated, OAIG Inspections could be staffed with approximately 50 personnel. Twentyfive spaces could be military officers who would be transferred from within the current OIG DoD organization. These officers will provide the necessary functional area expertise required when inspecting or evaluating a specific agency. If required, these military subject area experts could augment the OAIG Auditing for a specific audit. On the civilian side, 25 spaces could be transferred from OAIG Auditing with the majority of these personnel being Management and Program Analyst Series, GS-343. They will analyze and evaluate the effectiveness of government programs and operations, management's productivity, and efficiency of DoD agencies. Since some evaluators/inspectors must possess specialized subject matter knowledge and skills, those positions could be under the Miscellaneous Administration and Program Series, GS-301. Additional specialized personnel could be Computer Specialist Series, GS-334, Industrial Engineering Series, GS-896, and Operations Research Series, GS-1515. The above listed personnel actions are only an initial lay down of some required civilian skills. As an OAIG Inspections experience curve is acquired, then additional civilian skills may be added. Regardless of the initia1 and ultimate organizational size of the OAIG Inspections, the required civilian personnel assets should be transferred from OAIG Auditing. Quality Standards for Inspections In March 1993, the President's Council on Integrity and Efficiency (PCIE) published "Quality Standards for Inspections". These standards were published because many Departmental Inspectors General were utilizing inspections to effectively review and improve Department or 43 DoD IG FOIA 43 Agency operations. At present, 8 of the 14 Departments have an inspections organizational entity. Although the PCIE standards were advisory, application of the standards was encouraged. The publication defines an "inspection process as other than an audit or an investigation, that is aimed at evaluating, reviewing, studying, and/or analyzing the programs and activities of a Department or Agency for the purposes of providing information to managers for decision making, for making recommendations for improvement to programs, policies or procedures, and for administrative actions." In a climate of reduced personnel resources, it is incumbent upon the IG DoD to provide greater coverage with fewer resources. A viable inspections capability will provide the OIG DoD with the quick response inspections/evaluations capability that is sometimes required. Following are highlights of the PCIE standards for inspections: -Inspectors must be free from impairments (i.e., personal and external). -Inspectors must exercise due care in conducting and writing inspections reports. -Proper supervision must be exercised from start of inspection to report finalization. -Personnel must coordinate, research, and design inspections to achieve objectives. -Information and data obtained should be consistent with inspection objectives. -Evidence supporting inspection conclusions should be competent and relevant. -Relevant and supporting information must be retained. -Significant information must be delivered to appropriate personne1 in a timely manner. -Illegal acts must be promptly reported to appropriate authorities. -Personnel must conduct appropriate follow-up actions. The above listed standards are excellent guiding principles for the OAIG Inspections and will provide the foundation for a reestablished inspections capability. Inspections Organization — Past and Present Upon the demise of the OIG DoD inspections capability in 1995, the organizational structure was as indicated on the following page: 44 DoD IG FOIA 44 Inspector Gran era] Deputy inspector forInspecti M Genral Assistant Inspector G en. anagram en t System s Office 0 aerations Inspection Plans, Policy & Analysis Inspections Program Evaluation This was a robust office of over 150 personnel with a full range of individual organizational entities. For a new startup OAIG Inspections, there should be a minimal administrative support staff. The preponderance of personnel should be devoted to assisting, teaching, evaluating and inspecting. There should also be some small planning and follow-up capabilities. Consistent with this rationale, indicated below is a proposed OAIG Inspections Organization: Assistant Inspector General For Inspections Administration Planning and Follow-up Operations Management Information Systems (MIS) All personnel assigned to this reestablished OAIG Inspections should be required to attend an IG school if the personnel haven't previously done so. At a minimum, they should all be given some inspections refresher training. Inspection Methodology The newly formed OAIG Inspections should use the functional/systemic approach to address causes rather than symptoms, refine or correct policy guidance, and detect fraud, waste and MIS management. The emphasis should be placed on correcting the problems. Initially a functional/systemic inspection concept must be developed to determine how OAIG Inspections will conduct their business. Their concept should include the initial survey phase, pre-site survey, finalization of inspection plan, site visits, and report writing. The development of this inspections concept could be either fleshed out with a small OAIG Inspections task force or be assigned as a task to the follow-on Assessment Team. Recommendations I. Reestablish the OAIG Inspections. 45 DoD IG FOIA 45 2. Organize initially with 50 personnel from current OIG DoD assets. Transfer 25 civilians from OAIG Auditing and 25 military from throughout the OIG DoD. 3. Organize with minimal administrative staff with MIS and follow-up capabilities. 4. Develop an inspection methodology. 5. Send OAIG Inspections personnel to an appropriate service IG school. Subject: Quality of Life in OIG DOD Summary People live where they work. The quality of life in their office is the sum of many different programs, processes and conditions such as: cohesiveness, awards and recognition, meaningfu1 work, working conditions, office pride, employee empowerment, training and education, grievance system, promotion opportunity, flexible working hours, dress code, office furnishings, leadership and command environment. The quality of life areas of training and education, leadership, promotion opportunity and command environment are so important that they have been addressed in detail elsewhere in this report. OIG DoD needs to finish the enhancement of office spaces. The Telework Program is popular, useful, and should be fairly applied. Changes to the Cash Award Guidance should reflect an attempt to broaden the distribution of monetary rewards for performance. Commendable Quality of Life Programs Interviews with numerous OIG DoD employees revealed that the Voluntary Leave Transfer Program, Business Casual Attire Program and the Alternative Work Schedules Program were greatly appreciated by the workforce. The implementation of these programs significantly enhanced the quality of life of the OIG DoD employees. (See Finding 5-008) The Voluntary Leave Transfer Program permits an employee to transfer unused, accrued leave to another employee who needs such leave because of a medical emergency. This program is extremely helpful to an employee whose medical condition may result in a prolonged absence from the workforce, which could result in a substantia1 loss of income because of the unavailability of paid leave. The Business Casual Attire Program is a morale booster for many OIG DoD employees. This program permits employees to wear casual clothing to work when the employee's schedule does not require customary professional attire. The Alternative Work Schedules Program is a widely acclaimed program, which not only allows employees more flexibility in scheduling their personal activities but also allows them more control in balancing work and family responsibilities. Telework Program The Telework Program is another exceptional employee oriented program in which an employee performs official assigned duties at an alternative worksite on either a regular and recurring basis, or on an ad-hoc basis. Ad-hoc telework refers to telework performed less than one day per bi-weekly pay period or on an occasional, one-time, or irregular basis. Regular and recurring 46 DoD IG FOIA 46 telework refers to an approved work schedule where eligible employees regularly work at 1east one day per biweekly pay period at an alternative worksite. The OIG DoD recognizes circumstances where it is mutually beneficial for employees to perform work at sites other than the traditional office or at 1ocations other than where typical field or headquarters work is performed. Employees and their supervisors may make telework arrangements for purposes of promoting the efficiency of the Government and fostering a family-friendly OIG DoD. Section 359 of Public Law No. 106-346 requires executive agencies to establish policies under which eligible employees may participate in teleworking to the maximum extent possible, without diminished employee performance. The law also requires agencies to allow 25% of their eligible workforce to telework in FY 2001, and an additional 25% in each of the three subsequent fiscal years. Through the commendable efforts of Mr. Napoleon Walker, the Assistant OIG DoD Telework Program Coordinator, the OIG DoD has met the public Iaw requirements. Inspection revealed that 188 OIG DoD employees are currently eligible to telework. Of this number 108 and 80 employees were eligible for ad-hoc and regular and recurring telework respectively. Only twelve OAIG Auditing employees have been identified as eligible for the Telework Program. This represents 6.3% of the total number of eligible teleworkers. The OAIG Auditing has not complied with the spirit and intent of the Inspector General Regulation 1400.620 pertaining to the OIG DoD Telework Program. The leadership did not actively promote the program. Discussions with responsible personnel indicate that the audit leadership had stated that auditors would be considered only for ad-hoc teleworking. Employees in other job series are considered for both ad-hoc and a regular and recurring telework. This approach to the teleworking program will not reach the Telework Program goals. (See Finding 2-003) Working Conditions The recently conducted OIG DoD Employee Survey indicated employee concern about their working conditions. The following comments were taken from the survey: 1. "My work area/space is not quiet and conducive to efficiently and effectively perform my duties," 2. "Need for high speed internet connections between field duties and headquarters." 3. "Getting new furniture – modular – would improve morale." 4. "Shower facilities would greatly enhance the workplace." 5. "Our office space is open and distracting." 6. "Some work areas are crowded, cluttered and sometimes noisy." 7. "We have been constantly behind in providing adequate work space, information technology equipment and furniture to employees." Personal interviews and numerous seminars with OIG DoD employees also revealed considerable concern with the headquarters facilities and in some cases field offices working conditions. Inspection of the Office of Departmental Inquiries revealed that the investigators lacked the required privacy to carry out their sensitive investigative duties. Similar working conditions existed in other headquarters working areas. The Space Management Branch, Office of the Director of Administration and Information Management developed an upscale Systems Furniture Project. This innovative project was researched, developed and implemented by the OIG DoD's Space Management Planning Group 47 DoD IG FOIA 47 The planning group developed the concept, researched headed by furniture options and configurations and planned for the systems furniture implementation. The Systems Furniture Project was developed not only for the OIG DoD headquarters building but also for all OIG DoD field offices. The project involved renovations, construction and office space reconfiguration to a space-efficient modular concept. The new individual modular office space design is outstanding as it features a flexible workspace configuration, storage tower for personal items and clothing and a one-touch storage bin for each employee. The project also featured teaming areas (conference space) to facilitate collective work projects. (See Finding 5001) A review of the OIG DoD's efforts in implementing a facilities and furniture improvement program revealed that throughout the 1990's there was little command support for this facilities improvement project because leadership was reluctant to request required funding. As a result OIG DoD is eight to ten years behind other local governmental agencies in developing and implementing a facilities and furniture improvement program. Recent command attention resulted in the Senior Management Group's (SMG) approval of a Systems Furniture Project in the Fall of 2000. Five systems furniture projects in the OIG DoD headquarters have been completed; a sixth project is due to start in the June/July 2002. The latter project is not fully funded. As of 8 May 2002, $2,247,524 has been spent on the OIG DoD headquarters for this project. The project is 25% complete. The estimated cost to complete the Systems Furniture Project is $7,452,524. In the past, the Systems Furniture Project has not received upfrontprogrammed monies and is not being funded in the core FY04-FY09 Program Budget. This project has been an unfinanced requirement from the start and has been funded with reprogrammed dollars made available from excess Operations and Maintenance (O&M) funds. The continued use of reprogrammed monies for the Systems Furniture Project inhibits the efficient implementation of the project and affects other claimants for scarce funds. This Systems Furniture Project should be funded in the core OIG DoD program budget. Employee Empowerment The 1G DoD has established an Employee Council to provide a forum where all employee issues and concerns can be raised and addressed. "The primary purpose of the Employee Council is to help provide a working environment where employees freely contribute their ideas, concerns, and professional advice in support of the OIG community." There are thirteen council members selected for a one-year term from all OIG DoD components including field offices. The council meets on a monthly basis. Council minutes are prepared and forwarded to the IG DoD or his representative. These minutes are also distributed to all OIG DoD components. Discussions with council members including the council Chairperson reveal that the Employee Council has made significant contributions to the quality of life of OIG DoD employees. Specifically, the council was a driving force for the adoption of the Telework Program and the Business Casual Attire Program. The council also established the Annua1 Employee Week Program that features instruction and seminars on topics of interest to all employees. It is imperative that the 1G DoD not only review the councils issues and recommendations but also provide his personal guidance, direction and thoughts to the council members. The OAIG Auditing has established several internal employee councils including a Joint Council, GS 5-12 Employee Council, GS-13 Employee Council and a GM-14 Advisory Council. 48 DoD IG FOIA 48 The Joint Council's primary purpose is to address concerns and issues that may affect all OAIG Auditing employees. One of the purposes of the Joint Council is to "enhance the employee's working conditions and environment." The GS-5 through GS-12 and GS-13 Employee Councils provide employees "the opportunity to participate in the management of the OAIG Auditing." The GM-14 Advisory Counci1 mission is to "provide advice to the AIG-Auditing concerning the establishment, implementation, and revision of OAIG-Auditing policies, procedures, and practices." All of these councils provide members of the OAIG Auditing with the opportunity to present issues, ideas and concern to the OAIG Auditing leadership. Awards and Recognition The OIG DoD had devoted considerable time and effort in developing a comprehensive awards and recognition program. The OIG DoD awards include Performance Awards, Quality Step Increases (QSI) within grade increases, Time Off Awards and Honorary Awards. A QSI consists of an additional within grade pay increase for an employee, given in recognition of "outstanding" performance. Only employees with a current "outstanding" rating are eligible for a QSI. An employee may receive only one QSI within a 52-week period. QSI within each OAIG shall be limited to no more than five percent of the total non-SES work force on board as of October 1 of the current fiscal year. Since a QSI can be given to only five percent of the non-SES workforce each year, extreme care must be taken in the selection of QSI recipients. The Office of the Director for Administration and Information Management for example, may grant QSI's to only five employees during the fiscal year based upon a non-SES end strength of 101 personnel. With such a limited number of QSI recipients it behooves the OIG DoD leadership to select only outstanding employees whose performance clearly indicates a higher quality performance than is normally found in the job position. Yearly repetitive QSI rewards for the same employee are not in the best interest of the OIG. To permit more deserving people to receive this scarce award, the "OIG Cash Awards Guidance" memorandum should be amended to reflect that an employee may receive only one QSI within a 104-week period. In addition the memorandum should state that employees promoted or appointed during the appraisal period are not eligible for a QSI. These amendments are not only in the best interest of the OIG DoD but also will enable additional high performing employees to receive this much sought after recognition. (See Finding 5-005) A performance award consists of a monetary award, given in recognition of high-level performance during the performance approval period. Inspections revealed that additional funding for performance cash awards could significantly enhance the ability of the OIG DoD leadership to reward deserving employees (See Finding 5-004). IG DoD Memorandum entitled "OIG Cash Awards Guidance" dated 17 March 1994, states that total cash awards (including special act or service awards) dollars within each OAIG for non-SES employees shall not exceed 1.25 percent of the aggregate base salaries of those employees on board as of October 1 of the current fiscal year. Reflecting this guidance, $864,000 for 1,193 GS personnel was targeted for FY 2001 GS awards. This represents a potentia1 cash award of $724.22 per GS employee assuming all are rated at least "fully successful". Subordinate OIG DoD organizations have their own formulas to provide cash awards for deserving GS personnel. For example, the Administration and Logistics Services Directorate, OAIM had elected to provide their supervisory personne1 I.5% of their $389,184 base salary target and to provide their nonsupervisory personnel 1.1% of their $389,184 salary base. This represents an average cash 49 DoD IG FOIA 49 award of $972.96 for supervisory employees and only $194.60 for the larger number of nonsupervisory employees. Interviews with the responsible OAIM personnel reveal that there are insufficient award funds to reward many deserving employees. Alternate methods to award employees for performance such as Time Off Awards and Honorary Awards are used to complement cash performance awards. There is a need to revise "OIG Cash Awards Guidance" to reflect that total cash dollars for non-SES employees shall not exceed 2.5% of the aggregate base salaries of those employees on board as of October 1 of the current fiscal year, and to separate targets for supervisory and non-supervisory personnel (that cannot be intermingled). Further, only one type of monetary recognition should be approved for performance during an appraisal period. These changes will allow a greater number of deserving GS employees to receive monetary recognition for their work. (See Finding 5-004) The OIG DoD has established an Honorary Awards Program to supplement cash performance awards, Time Off Awards and QSI programs. The Honorary Awards program is designed to "recognize and reward GIG DoD employees individually or in groups, appropriately, promptly, and on the basis of merit for their contributions or other personal efforts that exceed normal expectations or standards that result in improved productivity and efficiency of operations". OIG DoD Honorary Awards include: 1. Distinguished Civilian Service Award 2. Superior Civilian Service Award 3. Meritorious Civilian Service Award 4. Inspector General, DoD Award S. Annual Inspector General, DoD Specia1 Achievement Award for Management Excellence 6. Annual Inspector General, DoD Creative Achievements Award In addition to OIG DoD Honorary Awards, there are numerous component unique awards given to deserving employees in OAIG Auditing, OAIG Investigations, Administration and Information Management Directorate, Departmental Inquiries and Intelligence Review. OAIG Auditing in particular has a comprehensive awards program that awards deserving personnel on a quarterly and yearly basis as well as team oriented awards. The recently conducted GIG DoD Employee Survey reflected the positive attitude the OIG DoD employees have towards their awards and recognition programs. When asked the question "when awards and recognition are given in my workgroup they go to the people who earned them", 66% of the employees who expressed an opinion agreed with this statement. 50 DoD IG FOIA 50 Recommendations 1. OIG DoD should provide funds for the Systems Furniture Project in the core OIG DoD budget program. OAIG Auditing should review immediately their Telework Program and adhere to the clear guidelines set forth in the Inspector General Regulation 1400.620. 3. The IG DoD participate actively and interact with the OIG DoD Employee Council. 4. The "OIG Cash Awards Guidance" be amended to reflect that an employee may receive only one QSI within a 104-week period. 5. Employees promoted or appointed during the approval period should not be eligible for a QSI. 6. "OIG Cash Awards Guidance" should be revised to reflect that total cash dollars for non-SES employees shall not exceed 2.5% of the aggregate base salaries. Subject: Funding of the OIG DoD Summary The inadequacy of the OIG DoD budget is apparent throughout the organization and is the result of a flat budget and increasing mission requirements. Based upon interviews with 316 employees and the results of 34 seminars attended by 327 employees of the OIG DoD, and the results of the OIG Employee Survey, it is clearly a source of employee frustration with their jobs, it impacts morale, and it affects their view of the efficiency of senior management. Discussion Personnel full-time equivalent (FTE) workyears were reduced 25% over 5 years beginning in FY I 995,and the budget was reduced about 12%. Since FY 1999, the agency budget has essentially been flat with a small 5% increase (presumably for inflation) in FY 2001 (Source: OIG DoD Senior Officials Briefing). The severe workyear reductions were not allocated evenly among the OIG DoD components. The OAIG Inspections capability was totally eliminated and its residual personnel were incorporated into the OAIG Audit. At the same time the OAIG Audit budget to support its reduced manyears was reduced by approximately 33% expressed in terms of constant dollars. While those reductions were taking place, additional unprogrammed workloads were imposed. These included many new audit requirements, such as Y2K, imposed by the Congress. Many of these are recurring, to include Export Controls, Chief Financial Officers Act, Payment of D. C. Water and Sewer Bills, Compliance With Federa1 Voting Assistance Act, Undefinitized Contractual Actions, and others. In addition, as this assessment is being written, there are more than 15 additional one-time reporting requirements imposed by Senators and Congressmen. These are inevitable as the Congress pursues its responsibilities and the OIG DoD should be in a 51 DoD IG FOIA 51 proactive budget mode to ensure adequate funding for the increasing number of mandatory audits. The OAIG Investigations workyears were reduced approximately 10%. That initially left adequate workyears to accomplish the statutory mission with some adjustment, but left insufficient funds for timely replacement and upgrade of equipment and software. In particular, keeping up with new advances in technology that would make an agent's job easier and save time for both the agent and the headquarters is essential. Computer connectivity between the field agents and the OAIG Investigations is an example of how productivity is hampered by the lack of budget support. Presently, agents transmit their Investigative Data System updates and reports by modem. As an aside, telecommuters of every OIG DoD component will face the same connectivity problem if this is not solved. A similar problem exists for the Oracle Discover data that agents must save in Excel spreadsheets in the field. That conversion must be made because Oracle Discover is not on agent computers in the field. Funds to license additional copies of Discover would solve part of the problem and, again, funds for broadband connections would solve much of the rest of the problem. Broadband connections are also essentia1 for timely backup of files to secure offsite locations to ensure continuity of operations in the event of a natural or other disaster. OAIG Investigations now has manpower issues as well. As previously mentioned, the initial 10% reduction in workyears was accommodated with minor adjustments. Since that time there has been a large growth in OIG DoD participation on Joint Task Forces and other investigative activities. Computer intrusion investigations and the requirements to recover evidence from computers have greatly increased since 1995 and is likely to increase in the future. Additionally, as a result of the 11 September 2001, OAIG Investigations is participating in approximately 40 counterterrorism task forces with an unresourced investment of approximately 32 FTE workyears. Budget reductions in other OIG DoD activities amounted to approximately 33%. This caused a number of essential services to be combined, reduced, or eliminated. Slices of capability in terms of funded manpower positions were removed from the Administration and Information Management Directorate, while its discretionary requirements for funds for maintenance, training, replacement equipment, etc. were reduced or removed from the budgets. This led to large unfunded requirements (e.g. the renovation and furniture program, criminal investigation operational travel and permanent change of station fund shortfalls, shortfalls of funds for technical equipment, shortfall in information technology support, and a shortfall in training funds). An additional effect of the shortage of funds is its impact upon the ability of the OIG DoD leadership to reward deserving employees by means of its Performance/Cash Awards Program. Additional funds for this recognition and incentive program would be useful. From the above discussion one must conclude that, while the OIG was able to initially absorb the mandated 25% reduction of personnel workyears and still accomplish its mission, it did so by eliminating and combining functions, and removing the flexibility to rapidly respond to new taskings and unforeseen events. Equally disruptive to the organization, the reductions caused it to mortgage its future by deferring essential expenditures for maintenance of personnel (training), 52 DoD IG FOIA 52 equipment (technical equipment and information technology support), and working conditions (the renovation and furniture program). (Finding: 5-002) The flat budget will no longer permit the OIG to continue to perform its statutory mission with the degree of responsiveness and professionalism that the IG, SECDEF, and Congress have come to expect and rely upon. An increased budget request and justification are essential. For the remainder of FY 2002, other, separate, sources of funds should be pursued. For example, counterterrorism funds may be available to pay an offset for the number of agents dedicated to Joint Counterterrorism Task Forces. They may also be a source of appropriate travel and temporary duty funds. Budget solutions should be sought promptly. It is essential to both the OIG and the people within it. Recommendations 1) Develop a Program Objective Memorandum (POM) submission that realistically reflects the OIG DoD requirements. 2) Develop a solid rationale for funding requirements e.g. ; counterterrorism, congressional tasking, facility modernization/quality of 1ife, etc.. 3) Seek alternative sources of funds; counterterrorism, other. 4) Examine programs for opportunity to save money; training reorganization, possible elimination of the auditor recruitment bonus, deferral of unneeded software upgrades to help pay for essential upgrades, etc.. Subject: Promotions in OAIG Auditing Summary There is no more sensitive subject among the rank and file of OIG DoD people. They rightfully demand that the promotion process be fair and visible; the process in OAIG Auditing is perceived as neither. Promotion interview panels in OAIG Auditing produce an order of merit of all those eligible for promotion to GS-13 and 14. The OIG Auditing leadership then selects from the order of merit list those to promote to fill the vacancies. At this point the selection process becomes opaque. The results do not necessarily reflect the order of merit. Deep selects are common, and those higher on the list are passed over. Either the announced process should be officially changed, or the OAIG Auditing leadership must be disciplined to follow the merit selection. Discussion Inspector General Regulation 1404.I, Merit Placement and Promotion Plan establishes policies, practices, procedures and responsibilities for accomplishing promotion and placement actions in accordance with merit system principles. This regulation states: "Promotions and placement actions wil1 be based strictly on merit factors and not on personal relationships, favoritism or patronage." Managers and supervisors are tasked to assure that employees referred for promotion or placement receive ful1 and impartial consideration. Promotion candidates must 53 DoD IG FOIA 53 meet the "basic qualification determination". This determination is based primarily upon timein-grade considerations and the applicant's current performance appraisal. The OAIG Auditing promotion process for GS-13 and GS-14 candidates commences when the certificate of eligibles and associated resumes are forwarded to the auditing selection official, the AIG Auditing. OAIG Auditing has appointed an Interview Panel to interview and evaluate all candidates for promotion. The Interview Panel membership normally includes four or more personnel from OAIG Auditing. These personnel include the deputies from the four audit directorates (Acquisition Management, Contract Management, Readiness and Logistical Support and Finance and Accounting) and one GS-15 member from Audit Follow-up and Technical Support Directorate and ODAIG for Audit Policy and Oversight. The policies and procedures for the Interview Panel are set forth in the Interview Panel Guidance document. This comprehensive document clearly establishes guidelines for candidate interviews, questioning, confidentiality and candidate ratings. The Interview Panel Guidance specifically states: "Each candidate will be given a single rating based upon the Knowledge, Skills, and Abilities (KSA's) demonstrated during the interview." At the completion of each individual's interview, the selection panel discusses the overall interview performance of the candidate and his/her qualifications for the job. The panel then rates the candidate on a five level scale: 1. 2. 3. 4. 5. Superior (A) Very Good (A-) Above Average (B) Average (C) Minimal (C-) It should be pointed out that the Interview Panel uses various versions from this scale especially when larger numbers of candidates are involved. The Interview Panel has information such as the last annual appraisal, rotational assignments, certifications and awards information to assist them in their evaluations. Inspection revealed that the Interview Panel process is done to an acceptable standard and provides the OAIG Auditing leadership with a ranking of the best-qualified candidates for promotion. The weak link in the OAIG Auditing GS-13 and GS-14 promotion process occurs when the auditing leadership selects the candidates to be promoted from the Interview Panel recommended list. A review of the OAIG Auditing Interview Panel for promotion to GS-14 conducted during January 2002 revealed that 44 candidates were interviewed. The 44 candidates were rated in 7 categories, A-5, A-4, A-3, A-2, A-I, A and B with A-5 being the top rating and B the lowest rating. The candidate-rating and selection breakdown is as follows: Candidate Ratings A-5 Rating —1 A-4 Rating — 5 A-3 Rating — 3 Selected for promotion to GS-14 1 2 2 54 DoD IG FOIA 54 A-2 Rating – 5 A-I Rating – 4 A Rating – 4 2 1 0 B Rating — 22 0 Totals 8 44 The OAIG Auditing Interview Panel recommended GS-14 promotion list was forwarded to the selecting official, the AIG Auditing, for selection action. The AIG Auditing promoted the top rated A-5 candidate and two of the five A-4 rated candidates, two of the A-3 rated candidates, two of the A-2 rated candidates and one A-I rated candidate. It should be noted that three of the top six Interview Panel recommended candidates were not selected. These three outstanding candidates had ten, fifteen and sixteen years of OIG DoD experience respectively. At least eight higher rated candidates were bypassed to promote the one A-I rated candidate who had only five years of OIG DoD experience. Several interview pane1 members were discouraged by the nonselection of so many highly qualified candidates. One interview panel member viewed the selection of less qualified candidates for promotion to be "outrageous" and a disservice to the OIG DoD. A review of the OAIG Auditing Interview Panel for promotions to GS-14 conducted during June 2001 also indicated a questionable selection process by the AIG Auditing. There were thirtynine candidates evaluated by the Interview Panel. These candidates were rated A+, A-, A, and B with A+ being the top rating and B the lowest rating. The candidates rating and selection breakdown is as follows: Candidate Ratings A+ Rating – 4 A Rating –12 A- Rating – 10 B Rating – 13 Selected for promotion to GS-14 3 0 1 0 The AIG Auditing promoted three out of the four top rated (A+) candidates, none of the next most qualified (A) rated candidates and one (A-) rated candidate. It should be noted that one (A+) rated candidate departed the OIG DoD organization prior to the GS-14 selection announcement. At least twelve higher rated candidates were bypassed to promote one of the ten rated (A-) candidates. Some of the more qualified candidates who were bypassed on this promotion list were also bypassed on the January 2002 GS-14 promotion list. The promotion of less qualified and deserving auditors who were ranked far down the Interview Panel's recommended 1ist has fueled the fires of favoritism and cronyism in the selection process and brings discredit upon the auditing leadership. Personal interviews, employee seminars and the OIG Employee Survey clearly indicates a wide spread dissatisfaction with the OIG DoD promotion system. There is a strong perception that promotions are based upon favoritism, personal relationships and the "old boy network" especially in the OAIG Auditing area. 287 out of 504 employees (56.9%) who expressed a survey opinion responded that they disagreed or strongly disagreed with the statement, "Supervisors and intermediate 1eaders are selected based on WHAT they know rather than 55 DoD IG FOIA 55 WHOM they know". Many employees believed that numerous deserving candidates had been passed over for promotion. The perception of favoritism in the promotion process is a major contributor to the lack of trust and respect many employees have for their 1eaders and managers, especially in OAIG Auditing. Inspection of the OAIG Auditing promotions process clearly indicates that promotions are not always accomplished in accordance with merit system principles. There is merit to the generally held perception that some audit promotions are based on favoritism and personal relationships. Although Inspector General Regulation 1404.I gives the selecting officer the right to select any candidate referred on OIG DoD Form 5, it does not imply that the selecting official should disregard the recommendation of the Interview Panel and the merit systems principles, and select obviously less qualified candidates for promotion. The GS-13 and GS-14 promotion process in the OAIG Auditing is questionable and has caused numerous deserving auditors to be denied their rightful promotions. Immediate steps should be taken to correct this situation. Recommendations 1. Temporarily withdraw GS-13 and GS-14 promotion selection authority from the AIG Auditing until the IG DoD is assured that all future promotions are based solely on merit factors. 2. Update Inspector General Regulation 1404.I, Merit Placement and Promotion Plan to reflect definitive guidance on the use of the Interview Panels/Selection Panels by subordinate OIG DoD organizations. 3. Give special consideration to the three passed over highly rated (A-4) candidates on the January 2002 Interview Panel Competitive List when the next OAIG Auditing GS-14 Interview Panel convenes. Subject: Attitude Towards Whistleblowers Summary The culture of the OIG DoD has been, and continues to be, hostile to internal whistleblowers. All too often, OIG employees who have endeavored to identify mismanagement or violations of law have been punished by their chain of command. At the same time, the underlying issue has gone ignored. These incidents have had a chilling effect on good faith dissent that continues to impair free and open discussions between the staff and management. This result is both ironic and lamentable for an agency created to cultivate and safeguard whistleblowers. The Assessment Team also found minimal evidence that the OIG DoD has played a substantial role in protecting external whistleblowers in civilian DoD jobs, in uniform, or in the employ of military contractors. As a result, festering waste, fraud and abuse within civilian and military DoD components may be placing lives and taxpayer dollars at risk. Discussion A variety of federal statutes and DoD Directives provide legal protection for civilian and military whistleblowers. Civil service employees within the DoD, including the 0IG, who make protected disclosures are protected under the terms of 5 U.S.C. Section 2302(b)(8) and may seek legal relief using procedures involving the Office of Special Counsel and Merit Systems 56 DoD IG FOIA 56 Protection Board. See 5 U.S.C. Sections 1213, 1214, and 1221. Members of the uniformed services are protected under the terms of 10 U.S.C. Section 1034, DoD Directive 7050.6, "Military Whistleblower Protection," (June 23, 2000), and DoD Directive 6490.I, "Menta1 Health Evaluations of Members of the Armed Forces," (October I, 1997). Non-appropriated fund employees within DoD are protected pursuant to 10 U.S.C. Section 1587 and DoD Directive 1401.3. Defense contractor employees are protected from reprisals at 10 U.S.C. 2409. See also Chapter 7.4 of Inspector General Guide 5106.1 (March 12, 2001). Finally, Section Seven of the IG Act provides that the OIG DoD may receive and investigate whistleblower complaints, and further protects such whistleblowers from reprisal. 5 U.S.C. App. III, Section 7. The OIG DoD has been a poor example for an organization whose mission includes the facilitating of whistleblowing on DoD-related issues involving waste, fraud and abuse. The spring 2000 audit work paper scandal went unchecked because of a common employee perception that it was not safe to report improper managerial conduct outside the immediate chain of command. As one senior audit official put it, "people were not that comfortable coming to management." Management's past practice has been to silence the messenger and ignore the message. Past alleged reprisals included the planting of evidence designed to jeopardize security clearances, poor performance appraisals, forgone promotions, and distasteful assignments. The Assessment Team was struck by the substantial fear of speaking out that was prevalent among current rank and file employees, particularly in the OAIG Auditing and the Defense Criminal Investigative Service ("DCIS"). It became clear early on in the assessment process that interviews could not take place at employee workstations. Instead, a secure conference room within the HQ building and off-site meeting locations were established in order to promote a feeling of privacy and safety for employee interviews. In many instances, employees had to be encouraged to provide details for their concerns. They feared that those details would enable management to identify them as the source of the allegations. The Assessment Team also became aware of credible accounts that some managers either encouraged their staffs not to cooperate with the Assessment Team or insisted that individual employees debrief management on what questions were posed by the Assessment Team. Even more disturbing were acts of retaliation by OIG DoD management against individual employees who were perceived to be whistleblowers or otherwise assisting the Assessment Team. During the assessment process, the Assessment Team became aware of several cases where managers threatened individual employees with negative repercussions based on the their suspected cooperation with the Assessment Team. Such conduct violates the letter and spirit of federa1 whistleblower protection statutes. Worse, the underlying issues pertaining to highly sensitive security matters had been ignored for some time. Only direct intervention by the IG DoD or his immediate staff prevented the threatened reprisal from becoming a reality. The IG DoD should use his office as a "bully pulpit" to eradicate the culture of fear and retaliation within the 010 DoD. The IG DoD could issue an "all hands" email or memorandum that would establish a "zero tolerance" for whistleblower reprisal. The social good served by whistleblowers could be set forth in terms of saved lives and taxpayer dollars. SES, GS-15, and GS-14 managers also should be given a memorandum to sign that would acknowledge their 57 DoD IG FOIA 57 awareness of the newly stated 010 DoD policy. Violations of this policy should be grounds for severe adverse personnel actions initiated by the IG DoD. The OIG DoD also should develop an administrative model for resolving whistleblower reprisal complaints on an informal basis. An informal binding arbitration process would avoid the adverse publicity, cost and delay inherent to litigation. This approach also would provide OIG DoD employees with an alternative to the U.S. Merit Systems Protection Board ("MSPB") and the Office of Special Counsel ("OSC"). These forums have become increasingly discredited as a viable source of legal relief for aggrieved whistleblowers. Few whistleblowers now prevail before the MSPB because the governing statute, the Whistleblower Protection Act, has been steadily eroded by restrictive interpretations that make it most difficult to sustain a winning case. The statute has been so riddled with judicial exceptions that major amendments to cure these interpretations are currently pending in the Congress. The bills are S. Bill 995 and H.R. Bill 2588. Senators Charles Grassley (R-Iowa) and Carl Levin (D-Michigan) are among the lead sponsors to the Senate version. The arbitration model could be initially tried within the OIG DoD and then expanded for use on a DoD-wide basis. The OIG DoD does not appear to devote significant resources towards the protection of civilian DoD whistleblowers outside of the OIG. Although the OIG DoD Hotline takes in whistleblower complaints regarding waste, fraud, or abuse, no policy or procedures exist for following up to ensure that ensuing retaliation is documented, much 1ess prevented or stopped in progress. This approach detaches the message from the messenger, and thereby discourages whistleblowing by leaving the employee at risk after making the protected disclosure. When asked what recourse was available to civilian DoD employees who were punished for reporting waste, fraud and abuse, OIG DoD officials would often shrug and respond that lega1 remedies could be sought through the MSPB and the OSC. No acknowledgement was made of the aforementioned legal obstacles facing whistleblowers who use those forums to seek legal redress for injuries caused by management retaliation. In short, the OIG DoD is not encouraging the intake of a valuable source of information, whistleblower complaints, which it is authorized to investigate under Section 7 of the IG Act of 1978 (as amended). The Special Inquires Directorate ("SI") within the Office of Departmental Inquiries ("DI") for the OIG DoD should assign resources to investigate allegations of civilian whistleblower retaliation within all DoD agencies, including the OIG. The ensuing reports of investigation could assist employees attempting to vindicate their legal rights before the MSPB and would support personnel actions against managers who engaged in retaliation. This function would parallel the work performed currently by DI regarding military whistleblower reprisal cases. The Assessment Team also found minimal evidence that the 010 DoD has successfully protected military and DoD contractor whistleblowers or followed up to ensure that those who engage in proscribed retaliation were held accountable. Eight OIG DoD Semiannua1 Reports to the Congress dating back to 1996 were reviewed. Each report contained a standard section, entitled "Administrative Investigations," that described the fact patterns underlying substantiated whistleblower reprisal cases worked or monitored by SI. In the older reports, no mention was made of what happened to rehabilitate the whistleblower's career or whether the perpetrator was 58 DoD IG FOIA 58 held accountable. Instead, the self-described "results of investigations" were limited to reciting statistics pertaining to the number of opened and closed cases as well as the percent of substantiated reprisal allegations. The text provided anecdotal accounts of select cases, but actually had the counterproductive effect of presenting an intimidating picture of the many kinds of retaliation used against whistleblowers. A casual reader could easily take away the lesson that the seemingly endless list of tools of retaliation (e.g., denied promotions, letters of admonishment and reprimand, removals from supervisory positions, improper mental health evaluations, suspension from flight duty, downgraded evaluations, termination, and threats thereof) described in the report make blowing the whistle an endeavor that is not worth the risk and effort. In short, none of these older cases had a "happy ending." More recent reports have started to include some mention of redress and accountability imposed on the retaliators. Based on the SI briefing provided to the Assessment Team and the OIG DoD Semiannual Reports to the Congress, the emphasis appears to remain on raw numbers rather than substantive results. The OIG DoD Semiannual Report to the Congress should devote far more coverage to recommendations and actions taken by the OIG DoD to protect all types of whistleblowers and hold those who retaliate accountable for their actions. These accounts should be as detailed as possible, consistent with constraints of privacy law. Recommended steps to rehabilitate the whistleblower and punish the officials responsible for reprisal should be articulated. The SI sponsored seminar that trains employees of the military service IG's to investigate whistleblower reprisa1 cases also needs reform in its curriculum and presentation. (See Assessment A-015) Finally, the "bully pulpit" approach regarding "zero tolerance" for whistleblower reprisal should then be taken outside of the OIG DoD and extended to the civilian DoD agencies and military services using a "teach and train" methodology. The IG DoD should start by sending memoranda to these audiences in his capacity as "an extension of the eyes, ears, and conscience of the Commander" and his role as teacher and trainer. The purpose would be to underscore how important this issue is to the current IG DoD, based on Constitutional rights (i.e. First Amendment right of free speech) and governing federal statutes. Recommendations 1. The IG DoD should issue "all hands" communications to the OIG DoD, all DoD agencies, and military services that set forth a "zero tolerance" policy for whistleblower retaliation. 2. SES, GS-15, and GS-14 managers within the OIG DoD should be required to sign a form indicating receipt and understanding of an IG communication setting forth a "zero tolerance" policy toward whistleblower retaliation. 3. The OIG DoD should review whether other federal agencies, including OIG's formally recognize and reward employees who report waste, fraud and abuse. 4. The OIG DoD should design and implement a binding arbitration process for resolving internal whistleblower reprisal complaints. 59 DoD IG FOIA 59 5. The OIG DoD should expand SI jurisdiction to investigate and document allegations of reprisal against civilian DoD employees. 6. The OIG DoD Semiannual Report to the Congress should contain detailed descriptions of how substantiated reprisa1 cases were resolved. Subject: Deputy General Counsel's Office "It was the best of times, it was the worst of times." Charles Dickens, A Tale of Two Cities Summary Members of the Assessment Team conducted interviews with all seven lawyers in tile Deputy General Counsel's Office (DGC) of the OIG DoD. Additional interviews were conducted of other personnel in the agency that elicited comments regarding the DGC. While the attorneys in the Deputy General Counsel's Office expressed a high degree of satisfaction with their particular jobs and their role in the larger organization, there was a startling "disconnect" between how they felt and how their office was regarded by others in the OIG DoD. While this disparity may be more apparent than real, the resulting antagonism towards the DGC's Office, particularly within DCIS, represents both a rea1 challenge and a unique opportunity for systemic change for the OIG DoD and the DGC's Office. Discussion The first impression made by the DGC's Office on the Assessment Team members was very favorable. Five of the lawyers in the office were there to explain what they did at the initial (April 22) briefing. The DGC (IG) led the briefing and handed out a 1999 job description of his position, which does a good job of defining the office's responsibilities. In addition, an outline of the work performed by the office (captioned "Program Review"), which captured the points made in the briefing, was handed out to the Assessment Team. The Team came away from the initial briefing with two strong impressions. One was the clearcut division of labor within the DGC's Office between OAIG Auditing and OAIG Investigations. The other was the degree of comfort expressed by DGC (IG) with the current arrangement whereby the DGC's Office is part of the DoD General Counsel's Office, while giving independent and objective legal advise to the IG DoD. He handed out an August 16, 1985 Memorandum of Understanding between the OIG DoD and the DoD General Counsel's Office which defines their relationship. These sentiments were reinforced by follow-up interviews with the individua1 lawyers (Associate Deputy General Counsels). The individual lawyers confirmed the impression of specialization that had been conveyed at the briefing. Two Associate Deputy General Counsels work almost exclusively with the Audit/APO side of OIG, primarily in reviewing the three hundred draft audit reports that are generated yearly. Two other Associate Deputy General Counsels work extensively with DCIS and CIPO. Their work consists in large part of reviewing requests for subpoenas and consensual monitoring. 60 DoD IG FOIA 60 Two additiona1 Associate Deputy General Counsels work closely with the Departmental Inquiries Directorate; handling such matters as whistleblower protection cases, senior official misconduct investigations, and special investigations handled by the OIG DoD. The Associate Deputy General Counsels all echoed the DGC (IG)'s comments on the desirability of continuing with the present dual-hatted arrangement for the DGC's Office. They shared his view that being part of the larger DoD General Counsel's Office had a number of advantages, not the least of which was the ability to draw on specialized knowledge in the latter office. One area that was repeatedly pointed out to us as one that the DGC's Office had no interest in getting up to speed on on its own was personne1 matters, which they were content to leave to "The Building". The lawyers also repeated the DGC (IG)'s argument that being part of the DoD General Counsel's Office gave you more clout in dealing with the service counsels. By the same token, the DGC lawyers felt very strongly that being part of the DoD General Counsel's Office did not affect their independence and objectivity as far as representing the IG DoD's interests. They cited instances where they staked out positions at odds with the DoD General Counsel's Office. They feel that the Memorandum of Understanding (which requires them to get the IG's okay before they can make disclosures to the DoD, among other things) serves as an adequate framework to safeguard their independence. Along with the comfort leve1 that comes with the certainty as to what one's job duties are, the lawyers in the DGC's Office also felt good about their workloads and their collective levels of experience. Although the workload tends to cycle (peaking during the Tailhook scandal, for example), they felt they had adequate staffing. Most of the lawyers seemed to have twenty years experience or more in the legal profession and all but one had military service in various Judge Advocate Corps, (and that individual had worked as a civilian attorney for the Army). Outwardly, at least, the DGC's Office seemed to have good morale; to be competent, experienced lawyers; and to have clearly defined areas of responsibility within the office. It came as a shock then, when Assessment Team members heard comments about the OIG DoD Deputy General Counsel's Office such as; "they're worthless", "they fight us rather than help us", "Once it goes up to Headquarters, you're screwed!" These comments come disproportionately from DCIS agents in the field. They expressed extreme frustration at the turn around time on subpoenas and requests for consensual monitoring. While a certain natura1 tension between police and prosecuting attorneys may be at work in this relationship, the agents' complaints do seem to have merit. They complain not just of delay in terms of subpoenas and requests for consensual monitoring, but also a hostile, questioning attitude on the part of the DGCs; e.g., "Why do you need these particular documents?" They also gave examples of instances where the DGC's Office refused to arrange for legal representation of a DCIS agent in critical legal proceedings like depositions. In another instance, a DCIS agent was sued by a pro se litigant in what was clearly a claim arising in the course and scope of his employment and yet no defense was afforded him. 61 DoD IG FOIA 61 Regarding its independence from the DoD General Counsel's Office and "The Building", the issue with the DGC's Office is not so much whether it ever takes positions at odds with the former but whether the former ever colors or clouds its objectivity. Witnesses have provided us with several significant examples where the positions taken by the DGC's Office have arguably been influenced by organizational or personal ties to "The Building". Furthermore, the DGC's Office is an anomaly due to its hybrid nature (working for the DoD General Counsel but reporting to the IG DoD). (All the other agencies and departments have stand alone General Counsel offices). Recommendations The role of liaison between the DCIS agents in the field and the DGC's Office (to ensure the latter's responsiveness) could be given to CIPO in its role as maker of criminal investigative policy and performer of oversight. This could go a long way to ensuring that such breakdowns of communications and misunderstandings do not occur. For a variety of reasons, the Gordian Knot should be severed between the DGC (IG) and "The Building". Creating a truly independent General Counsel's Office for the OIG DoD would remove the perception of the former serving two masters. Subject: OIG Employee Survey In the course of the assessment, the team contacted approximately 643 of the 1257 employees in OIG DoD. In order to extend our reach to a broader sample and to determine the degree of support for the initial findings and assessments, the team developed a 28-question survey of the OIG DoD employees. The survey was administered via the OIG DoD INTRANET with as much protection of anonymity for the respondents as possible. The survey effort was strongly supported by the IG DoD. Fifty-two percent of those surveyed responded, 527 made voluntary written responses. The vast majority of responses to the survey corroborate and support the Team's assessment, which was primarily based on face-to-face interviews, seminars, and observations. (See Annex 1) Minor Assessments A-001 Subject: Security of Firearms Although the Assessment Team avoids commenting on compliance issues, sometimes an issue illustrates a climate within an organization that requires further amplification. The security of government issued firearms is such a case. Department of Defense Directorate 5210.56 with change one dated January 24, 2002 "Use of Deadly Force and the Carrying of Firearms by DoD Personne1 Engaged in Law Enforcement and Security Duties" governs the carrying of firearms by DoD personnel assigned to various DoD organizational entities. This regulation includes the provisions that agents must follow when carrying of firearms to an agent's residence. 62 DoD IG FOIA 62 During visits to DoD Defense Criminal Investigative Services (DCIS) field elements it was revealed that special agents were authorized to retain firearms at their home because "there is a reasonable expectation that all agents may be called back to duty at any time." DoD Directive 5210.56 states that safety lock devices and instructions for their proper use shall be provided with all firearms issued to DCIS special agents. However, most agents were issued a 1ock case for home security. Some agents also had their own safe or upgraded 1ock box. When this dichotomy of proper gun safety procedure was presented to DCIS management, one response was that the DoD directive was "dumb" and another response was that the Assessment Team was not reading the DoD regulation correctly. Further checking with the DoD's Directive proponent (Office of the Assistant Secretary of Defense for Command, Control, Communications and Intelligence) revealed that an agent's government issued firearm that was taken home was to be secured by a 1ocking devise installed on the gun. It was further stated that no DoD component had recommended a directive change. The above issue reveals the climate with an organization that prides itself and is vocal about being "the best". Visits to DCIS field elements revealed a talented, professional, and devoted force of special agents. However, some headquarters personne1 display an attitude of being above reproach. The issue on the firearm security could have been defused with the headquarters personnel stating that the conflict between the DoD Directive and the DCIS would be pursued and resolved. However, the DCIS position was clearly one of they knew the best manner of how to secure the firearms regardless of the DoD directive. This feeling of elitism, especially in a law enforcement agency, inherently reveals a climate that could be detrimental to an office charged to evaluate the DoD law enforcement community. Recommendation OAIG Investigations should contact immediately the Office of ASD (Command, Control, Communications and Intelligence) to resolve the DCIS non-compliance with DoD Directive 5210.56 as it relates to a government issued firearms security in a home. A-002 Assessment deleted A-003 Subject: Timely Reports One of the central problems that surfaced during the conduct of numerous seminars and one-onone interviews is the inordinate time it takes to finalize reports — whether they are audit, inquiries, or other types of fina1 written product. The Secretary of Defense has also questioned why the OIG DoD reports are late. At the auditor/investigator/team member level (i.e., those that write the reports and hereafter referred to as writers) there is almost unanimous agreement that there are excessive word changes for no apparent substantive reason. They complain that sometimes months will elapse with the reports being sent back between the writer and the first supervisor level. It is not unusual to hear writers complain that sometimes reports would be returned ten times for non- 63 DoD IG FOIA 63 substantive word changes. They see a report as a "moving target" with frequent rule changes. Although some offices may have a correspondence book as a guide, writers complain that the supervisors violate the standard operating procedures. Writers will admit that some supervisors are excellent critics whose comments are readily accepted and do contribute to a more accurate and defensible report. However, as a group, writers are frustrated that reports are not timely and "often gather dust" as they move ponderously through the writer to signature approval process. In some cases, writers complain that supervisors totally rewrite a report and, may at times, soften some report conclusions to achieve a 90% concurrence metric goal. On the other hand, supervisors complain that many writers do not possess the most rudimentary of writing skills and it is not unusual that reports must be totally rewritten. Supervisors state that sometimes the evidence does not justify conclusions and major rewriting/restructuring of the report is required. A level of frustration is also apparent at the supervisory level. Obviously, the entire report writing process requires improvement for the efficiency of OIG DoD and job satisfaction of all employees. Quality control must remain the benchmark. In this regard, the quality control standards are succinctly stated in a January 14, 1986 Presidents Council on Integrity and Efficiency (PCIE) report titled "Quality Standards for Federal Offices of the Inspector General". Quoted below is an excerpt from this report: "Each OIG should establish procedures to ensure that its appropriate units and activities maintain adequate quality control over their work. This is an inherent responsibility of the supervisors of the OIG component. As noted in the Maintaining Quality Assurance Standard, quality contro1 and quality assurance are not synonymous. The latter is a formal and distinct effort intended to ensure the entire OIG, organization wide, is adhering to professional standards and the dictates of sound management. Quality control is the process by which supervisors ensure that the work of their immediate staff meets professional standards." A visit to another Departmental Inspector General Office revealed an innovative approach to improve report timeliness. Following the preparation of a readable draft report, the key personnel in the report approval process (e.g., team chief, program directors, program managers, and deputy IG) are assembled in a room. If required, some participants are present via speakerphone. The report is thoroughly discussed, changes made, and the report finalized for the IG's signature. Depending on the report complexity, this process can take from four hours to three days. This process is formalized with key participants blocking specific hours each week to conduct such reviews. An ancillary benefit of the review is that subordinates view this as a participatory and 1earning process. In order to improve report timeliness, a writing training course must be developed. The OIG Health and Human Services has a combination of in-house instructors and academic professors present the specific, tailored instruction. Sometimes leadership training is given concurrently. The courses are presented throughout the year depending upon the number of new professional employees and the need for refresher training. Another laudatory program is the Analytical Writing Course designed by The Department of Agriculture. 64 DoD IG FOIA 64 Some federal agencies are using computer technology to do electronic report writing, publication and distribution. OIG DoD must explore this area not only to improve report timeliness but also to maximize monetary savings. The efficiency of the OIG DoD is determined not only by the quality and thoroughness of its audits, investigations, and evaluations, but also primarily by the quality and timeliness of its final reports. Unfortunately, the final report is the most visible yardstick that is used by Congress and other report recipients. The report must be accurate and timely. Recommendations I_ Since some OAIG DoD components have their own peculiar organizational setup with some having field agencies, the AIG's should be required to develop a streamlined reports approval process. Business as usual should not prevail. The new process should be required to improve primarily timeliness of reports but also to permit subordinates participation. 2. A writing course should be developed (either with in-house or academic instructors) with required attendance for new personne1 and refresher training. 3. AIG-AIM should be tasked to maximize electronic support to report writing, publication, and distribution. A-004 Subject: Geographical Locations of OAIG Auditing Personnel OAIG Auditing is an integra1 part of OIG DoD. Its functions and mission are clearly defined in the Inspector General Act of 1978 (as amended in 1982) and in DoD Directive 5106.1, dated January 4, 2001. To perform its assigned mission, OAIG Auditing is organized into five major directorates. Two of the five are Finance and Accounting Audit Directorate and Readiness and Logistics Support Directorate. To effectively perform their assigned missions, these two directorates have some subordinate divisions whose assigned personnel are split between the OAIG Auditing Headquarters in Arlington, Virginia and field 1ocations. In some cases, the Program Director (PD) is not with the majority of his personnel. In one instance the PD's secretary is not located with her boss. It appears that the current geographical locations of OAIG personnel are the result of the two Base Realignment and Closures (BRAC) actions, and the OIG DoD 477 space reduction in the 1996-2001 timeframe. Also impacting on this issue is the high expense to PCS OIG DoD personnel. At present, the average PCS cost per OIG DoD employee is $45,000. There exists solid rationale for the current locations of the OAIG Auditing field locations. However, the personnel maiming at the field offices of the above stated directorates are questionable. If PD's are not with the majority of his personnel, then an organization may have increased travel costs and other attendant coordination issues. Although the electronic age has streamlined internal office functioning and made them less cumbersome, managers need to be with the majority of his personnel. Past organizational actions are valid reasons for explaining 65 DoD IG FOIA 65 the current structure and personne1 arrangements, but a visionary and optimum organization with required personnel assets should be established. This study should focus on where these two directorate's personnel should be located with particular emphasis on the Program Directors. Once the manning decisions are made, then future personnel recruiting actions should be conducted so that new employees are hired at the proper locations. These personnel actions should be accomplished through the attrition process. Recommendation That OAIG Auditing develop an optimum organizationa1 location for personnel assigned to the Finance and Accounting Audit Directorate and the Readiness and Logistics Support Directorate. Future personnel recruiting actions should be conducted consistent with this document. A-005 Subject: Junior Auditor Rotational Assignments Chapter 7-3, Staff Development Rotational Assignments in the OAIG-AUD handbook outlines the policies and procedures for staff development and rotational assignments for auditors. The general policy states that: "within the auditing profession, the skills and knowledge stressed are those of the audit method, rather than a claim of superior knowledge of a particular technical specialty. However, applying the audit method to diverse functional areas can pose special challenges. Therefore, it is the policy of the OAIG-AUD that staff auditors will be given substantially diverse audit assignments, working in a variety of environments, to foster their professional growth as auditors." To accomplish the objective of this policy, career auditors should have had experience in at least two directorates before they apply for GS-13 positions." The policy goes on to state that "Individual auditors (GS 5-12) should plan their careers so that they wil1 transfer to a different directorate after they have been with the OAIG-AUD for at least two years, and preferably no more than three years." This rotation policy appears to be directed solely toward making the junior inexperienced auditor more competitive towards promotions to GS-13 and may not be in the best interest of the junior GS-12 auditor or the OAIG-Auditing. In addition the premise that "the skills and knowledge stressed are those of the audit method, rather than a claim of superior knowledge of a particular technical specialty" may be fatally flawed. What this policy encourages is the rotation of junior auditors, who have limited audit experience and little if any technical or functional expertise to rotate to another directorate where they have no functional or technical expertise. This premature rotation is not in the best interest of conducting timely and efficient audits of DoD agencies. The only benefit from this premature rotation of inexperienced junior auditors is that the junior auditor will gain experience form working with and learning from a new Project Manager and Program Director. The premise that an auditor can effectively and efficiently audit any functional/technical area is in question. In the Contract Management Directorate for example, few auditors have had any hands-on contracting experience yet we require the auditor to efficiently audit the complex contracting and procurement function. Having contracting experts within the Contract Management Directorate would save auditor's 66 DoD IG FOIA 66 valuable time and money and would improve the quality of audit reports. This lack of contracting expertise is magnified when after two years the junior GS-12 auditor who is just learning how to conduct contracting audits is transferred to another directorate. Interviews with numerous members of the auditing community reveal that program directors have to train-up auditors to be somewhat proficient and knowledgeable in the functional area to be audited. A need exists to have a sprinkling of qualified functional/technical expertise (e.g., engineers, contracting and procurement, logistics, etc.) in all OAIG directorates. A need also exists to revise the junior auditor rotation policy to allow the new auditor time to sufficiently learn one aspect of auditing before he/she is transferred to a new directorate that requires new functional/technical skills. This revision is not only best for the training and development of the junior auditors but also better serves the accomplishment of DoD Auditing mission. The current rotation policy promulgates a questionable career auditing development process at the expense of the efficiency of the OIG DoD. Recommendations 1. Revise the Junior Audit Rotation Policy to allow a new auditor time to sufficiently learn the functional and technical aspects of their job prior to rotating the auditor to another directorate. 2. Ensure that each audit directorate has a sufficient number of qualified functional/technical auditors to assist the audit teams in conducting complex audits. A-006 Subject: Use of Metrics Senior leaders have always used objectives to measure an organizations effectiveness. The current measurement term is called "metrics". Unfortunately, within OIG DoD there are some metrics used by senior leaders that have a negative connotation. For example, the OAIG Auditing Performance Metric 1.B.3 "Recommendation Concurrence Rate" states, "Success will be measured by management acceptance of at least 90 percent of recommendations or management agreement to take an acceptable alternative course of action." This metric argues against the centra1 covenant that an Inspector General must be impartial and completely objective in their conclusions and recommendations. Another metric centers on report or case completion time as expressed in elapsed days from project start to final report. Employees view this metric with suspicion because it can easily be manipulated by a "rush to the finish 1ine" by end management year. Often uncomplicated reports are completed quickly at year's end to meet metric goals. Further impacting this issue is the administrative actions taken within some organizations to put some artificial management controls on project start time. Metrics are valid management tools as an indication of an organization's effectiveness — and they should be used. However, a close examination should be made to determine which OIG DoD metrics are counter productive to the overal1 mission of OIG DoD. The Inspector General standards of honesty, integrity and impartiality should be maintained and protected and should not be compromised by some measurement of managerial success. 67 DoD IG FOIA 67 Recommendation A thorough review should be conducted of all OIG DoD metrics to determine which are valid and measure realistically the agencies stated objectives. A-007 Subject: Information Release to the News Media The OIG DoD has no assigned Public Affairs Officer at this time but does have a policy regarding the release of OIG information of significant concern to the public. The policy requires a review by OIG component heads as well as by the OIG Front Office before release. This policy is being selectively ignored and releases are being made without the required review. Department of Defense Directive Number 5230.9 dated April 1996 Subject: Clearance of DoD Information for Public Release establishes the DoD policy for the accurate and timely release of information being made available to the public. It also establishes the policy that all information that applies to military matters, nationa1 security issues, or subjects of significant concern shall be reviewed for clearance by appropriate security and public affair offices prior to release. Paragraph 4.5 of DoD Directive 5230.9 specifically exempts the DoD IG, as an independent and objective office, from the DoD policy review cited above. Recognizing that the DoD policy is sound, the Inspector General has established a similar news media contact policy. Paragraphs C. D. and F. of Inspector General Instruction 5230.1 dated 6 Dec 2001 Subject: Contact With the News Media establishes those policies and procedures, and assigns responsibilities within the OIG. The OIG DoD is a large organization, distributed in almost 60 geographical locations where they conduct operations that are often highly visible and potentially controversial. Any of these could erupt in a flurry of publicity and requests for information. Without an identifiable single spokesman representing the official position of the Inspector Genera1 or the organization responses to requests for information could continue to be released, without leadership knowledge, by any number of people in the organization who do not have complete and up-todate information. There is also a possibility that a person not trained to identify releasable information could release information that is classified or protected by the Privacy Act. There is a clear need for a public affairs officer on the staff to be the single point of contact for gathering and clearing releasable information. That person would also assess potential public affairs implications of ongoing and proposed audits and investigations, to frame and coordinate responses to outside queries, to develop and assist in the implementation of a proactive public affairs plan, and to assist the leadership of the OIG to communicate within the organization. 68 DoD IG FOIA 68 Recommendations 1. The 010 should obtain a Public Affairs Officer to assist the IG in the review and release process as well as to execute the other traditional public affairs functions. 2. Modify Inspector Genera1 Instruction 5230.1 dated 6 Dec 2001 to incorporate the role of the Public Affairs Officer in advising, assisting, and reviewing processes associated with information release to the news media A-008 Subject: Drug Testing Program The current OIG DoD Drug Testing Program appears to comply with governing law. It randomly selects employees for periodic testing. The selection methodology was recently overhauled to ensure randomness. Employee files created pursuant to this program are segregated and secured. Based on the program's results, employee drug use does not appear to be a problem within the OIG DoD. The DoD OIG drug-testing program is governed by an internal set of guidelines entitled, "Plan For a Drug-Free Workplace." The Plan will be reissued sometime soon as it was last revised on September 3, 1996. It implements Executive Order No. 12564 and tracks the "Mandatory Guidelines for Federal Workplace Drug Testing Programs" issued by HHS. The Program Administrator also maintains a standard operating procedure for selecting OIG DoD employees and applicants for their drug tests. OIG DoD employees are tested for illegal drugs (amphetamines, cocaine, marijuana, opiates, and PCP) based on the following events: • Random Testing The 010 DoD is obligated by DoD policy memorandum to randomly test 30% of its 1198 test designated positions each fiscal year. Approximately 60 names are randomly selected every two months. The procedure involves subjecting a floppy disk containing the current payroll of testdesignated positions to a random selection software program developed by the IT staff. The disk is updated every two months to ensure accuracy. The software program has been approved by OIG DoD auditors in the Quantitative Methods Division for its mathematical randomness. e Reasonable Suspicion Testing The Plan contains the standard for defining reasonable suspicion. The Program Administrator has had only one request for a drug test from an employee's supervisor during her tenure at the OIG DoD. The request was denied because the facts did not satisfy the reasonable suspicion standard. 69 DoD IG FOIA 69 • Accident and Unsafe Practice Testing The Program Administrator has had only one such request during her tenure at the OIG DoD. It involved a hospitalized employee who had been injured in an accident. ® Voluntary Testing This is not an amnesty program. The Program Administrator has not had any cases of voluntary testing. o Follow Up Testing This circumstance is triggered by prior positive test results. During the Program Administrator's tenure, she has experienced several complaints from OIG employees who were selected for multiple drug tests, sometimes on consecutive months. They felt that the selection process was less than random. As a result of these complaints, the software selection program was revised in Apri1 of 2002. The Program Administrator is optimistic that the new program will sharply reduce the number of employee complaints. A file is maintained for each employee who is selected for a random drug test. These files are secured and are subject to a 3-year retention cycle. None of the drug test information makes its way into official personnel files unless the employee is fired for flunking the tests. The OIG DoD works with the Department of the Interior in contracting out the drug test sample collection and processing. Contractors include PharmChem and NWT. The Program Administrator also uses a temp agency that provides an administrative assistant on a three quarter full time basis. This individual handles telephone calls and paperwork tasks. The post-test program involves the following steps. If a drug test is positive, a medical review officer contacts the employee for an explanation. For example, a 1egal prescription may produce a positive result. If there is no valid explanation, then the medical review officer notifies the Program Administrator of the positive test result. Thereafter, the Program Administrator refers the employee to an Employee Assistance Program, notifies the employee's supervisor, contacts OIG Security (to pull the employee's security clearance), and initiates the remova1 process. The OIG DoD drug-testing program has produced only one positive result (out of 241 random tests) for fisca1 year 2002. The Employee Relations office maintains multiple sets of employee files for different subject categories. As a result, there are stand alone filing systems for employee training records, drug testing results, disciplinary actions, performance ratings, and official personnel files. Recommendation The Drug Testing Program should be reviewed in six months in order to verify that employee complaints about randomness have subsided. 70 DoD IG FOIA 70 A-009 Subject: The Performance Audit Process The OAIG Auditing handbook establishes the performance audit process. Section 2 describes in detail the audit project announcement, survey and programs, the preparation and review of working papers, and the important project verification/field work phase (commonly called the audit phase). The audit process begins with issuance of the announcement letter sent to the audited organization 30 days prior to the commencement of auditing activities. This announcement letter provides the audit objectives, initia1 locations to be visited, OIG DoD points of contacts and audit start dates. The performance audit starts with the survey phase, which is the process for quickly gathering information on the most significant and material areas, without detailed verification needed to reach a decision on whether the audit should continue to the audit phase. The survey debrief marks the end of the survey phase. The purpose of the survey debrief is to provide sufficient information to reach a decision on whether the audit should proceed to the audit phase and to determine the resource requirements. The survey debrief is normally presented to the directorate head and AIG Auditing. If the leadership decides to proceed with the audit, the audit team headed by the GS-14 Project Manager, begins the audit phase to collect, analyze, interpret, and document the information necessary to accomplish the objectives and to support the audit results. The OIAG-AUD Handbook states; "The information developed must form a sound basis for the findings and recommendations and, therefore must be sufficient, competent, and relevant." This is in keeping with the Government Auditing Standards (GAS). The audit phase ends when the audit team presents the completion debrief (audit debrief) to the auditing leadership. The audit debrief seeks agreement upon the audits conclusions, findings and recommendations and the thrust and presentation of the draft report. The OAIG-AUD Handbook directs that the audit team should use the working draft report as the primary vehicle for presenting the audit report. Although a working draft audit report is used for audit debrief, the audit team may make changes in the working draft based upon instructions received during the audit debrief. Once the working draft has been updated, the draft goes to the audit organization for verbal comment. This is commonly called a discussion draft. Once verbal comments are received, the audit team makes changes in the audit report if necessary. Generally, the draft report is then provided to the editor. The editor is charged with providing advisory assistance to the audit team on matters of grammar, sentence structure, punctuation, format clarity, convincingness and conciseness. The draft audit report can go through the editing process numerous times until the editor certifies the draft report in writing. Once the draft report is edit certified, the audit team commences in earnest to complete the cross referencing process. Chapter 3-6, OAIG-AUD Handbook "Report Referencing of Factual Data" describes the cross-referencing process. Chapter 3-6 states; "All statements of facts must be referenced to the supporting evidence in the working papers." Statements of fact include all report references to physical evidence, documenting evidence, and analytical evidence. 71 DoD IG FOIA 71 Throughout the performance audit process working papers are developed and reviewed continuously. The OAIG-AUD Handbook describes working papers as "documents, papers, computer diskettes, and computer tapes prepared or collected by the auditor or evaluator to document the objectives, scope, methodology and work performed to support findings, opinions, conclusions and judgments." These working papers are essential to a viable performance auditing process. Once the audit team cross-references the draft report to the working papers, the cross-referenced draft audit report with associated working papers or Team Mate access is provided to the Independent Reference Reviewer (IRR). The IRR is tasked to compare reported factual data with working paper supporting documents. The IRR must verify the following: 1. The statements of fact contained in the report are adequately supported by the working papers. 2.. An approved auditing plan exists and has been cross-referenced to the working papers. 3. The working papers have evidence of supervisory review. The IRR is also tasked to provide a list of deficiencies to the audit team. The audit team must reconcile the deficiencies with the IRR prior to the audit report going to final approval. The IRR must certify in writing that the audit report is factually correct. Should any significant changes be made to an audit report after the IRR process has been completed, the program director must insure that the IRR reviews the significant changes. Once the IRR process has been completed, the draft audit report is signed and forwarded to the audited organization for comments. When the comments are received from the audited command, the comments are added to the final audit report, changes made in the audit report if necessary and the audit teams response to the audited organization comments are added to the audit report. The audit report changes caused by the audited organizations comments, the audit teams response to these comments and any changes made to the audit report must then go through the edit and Independent Reference Review process again. Once these actions are complete the audit report is finalized and distributed as necessary. Throughout the audit report writing process there are numerous certifications for the auditing team to complete and have approved by various officials. The certifications are as follows: I Edit 2. Quantitative Methods 3. The Independent Reference Review 4. Technical Quality Review (Includes Checklist) All of these certifications are conducted on two occasions, once at the draft report stage and again at the final report stage. In addition to these required certifications there are four optional checklists that are normally required in the audit package submitted to management. These checklists include: 72 DoD IG FOIA 72 I . Draft Report Start Checklist 2. Issue Draft Report Checklist 3. Final Report Start Checklist 4. Issue Final Report Checklist The audit performance metrics are shown below: Audit Performance Metrics: Survey Phase Audit Phase Draft Report Phase Draft Comment Phase Final Report Phase 60 Days 100 Day 27 Days 60 Days 23 Days 270 Days Discussions with numerous project managers, program directors, senior auditors, team leaders and auditors reveal widespread dissatisfaction with the performance audit process, as it exists today. The overall auditing process is seen as slow, laborious, extremely cumbersome and highly frustrating. The initial phase of the performance audit process, planning, arranging and conducting site visits, data collection, interviewing responsible officials, writing working papers, analyzing data and collecting facts, forming conclusions and writing the initial version of the draft report appear to go very well. When the auditing team, normally headed by a GS-14, submits the initial audit report draft the process deteriorates. The problems begin with the management review of the initial draft audit report. As the draft audit report is reviewed be each level of management, i.e., project managers, program director, deputy director, director and on occasion the DAIG-Auditing and AIG-Auditing, the draft audit report is subjected to numerous and repetitive changes and revisions. This management review process often results in numerous rewrites and sometimes results in substantive changes. Many middle level managers and auditors reported that their audit reports were toned down, watered down, and softened up to insure that the audited entity concurs with the findings and recommendations. These managers and auditors cited OAIG Performance Metric 1.B.3 "Recommended Concurrence Rate" as the major influence on adversely affecting impartial audit reporting. This metric "OAIG-AUD will work with DoD management to help assure that audit and evaluation recommendations are practical and will bring about positive improvements in DoD operations" and that "Success will be measured by management acceptance of at least 90 percent of recommendations or management agreement to take an acceptable alternative course of action". In addition, many auditors perceived that their reports were significantly altered without supporting justification. This initial management draft audit review process is not only a source of deep concern and frustration but also results in significant 1oss of auditor and manager's time. The audit debrief process can also result in major changes to the findings and recommendations. Examples were given where findings were deleted and in some cases management requested additional findings. It is the commonly held perception that many of these audit debriefs changes are unwarranted and resulted in additional loss of auditor and manager time. 73 DoD IG FOIA 73 The editing process is a mixed bag. Some auditors have editors they are comfortable with while many others cite endless editing, unnecessary editing, and in some cases editors recommending factual changes to findings. In some cases the editor ends up editing their own work after several editing reviews. The Style Tips for Audit Reports (STAR) manual is not only an overwhelming document but also another source of confusion and frustration. The STAR manual is viewed as an elusive moving target that is constantly updated and changed. The constant changing and revising of this manua1 contributes significantly to delays in the editing process. Many auditors questioned the need to verify in writing that the edit process had been accomplished. Some auditors perceived this to be an example of an unnecessary administrative requirement that reflected management's lack of trust in the editor and auditors. Although the cross referencing process is tedious in nature it was seen by most interviewed auditors as a necessary procedure to insure that the audit report was factually correct and supported by evidence contained in the working papers. The Independent Reference Review process was another source of considerable frustration and concern to the audit team. Often the IRR had little if any knowledge of the technical/functional area they were reviewing. This lack of expertise was seen as a detriment to the Independent Reference Review process. On occasion, the IRR would stray from his/her primary function of insuring that the statements of fact in the audit report were clearly supported by the working papers and became involved with critiquing the style and format of the audit report and the report conclusions. There was also considerable pressure placed upon the IRR to complete the process quickly and efficiently and sign the Quality Control Certification. The necessity of requiring written certification that the Independent Reference Review had been conducted was questioned and viewed as another example of management not having trust, faith and confidence in the IRR and the audit team. The entire performance audit review process was severely encumbered by senior management's constant and continuous emphasis on the quantity of audit reports, rather than the quality or value added of the audit reports. It was a widely held perception that senior management judged the success of the OIG DoD audit program by the number of audit reports it generated each year. This resulted in many repetitive, smaller in scope and less complicated audits being conducted. The Information Assurance Audits are primary examples of small scope, less complicated audits that can be quickly processed. Towards the end of the management year there is considerable pressure placed upon the auditing community to reach the audit quantity goals. It is a commonly held view that the audit leadership stresses form and numbers over substance. The recent "working papers" scandal has caused the audit management to implement new procedures and reforms to the performance audit process that has contributed significantly to the "zero defects - you can not fail" mentality. This in turn has resulted in undue paranoia among auditors and a paralysis to the system. There is an immediate need to streamline the performance audit process and focus the audit community upon attaining high quality, value added audits which would significantly benefit the Department of Defense. More importantly however, there is an urgent need to reestablish management's trust, faith, and confidence in the abilities of their highly educated and talented audit staff 74 DoD IG FOIA 74 Recommendations 1. Convene a Performance Audit Task Force with the mission to streamline the performance audit process by: a. Minimizing the levels of audit report management review. b. Eliminating audit directorate unique quality assurance processes that supplement and augment existing OAIG-Audit Quality Assurance Policies and procedures. c. Rewriting and simplifying the STAR and reducing interim changes to the STAR. d. Reducing the number of auditing report checklists. 2. Take immediate measures to eliminate the "zero defects-you will not fail" mentality that currently exits in the auditing community. 3. Insure organization wide emphasis on high quality, value added audit reports which benefit DoD. 4. Eliminate the current focus upon the quantity of audit reports as a key performance measure. 5. Immediately eliminate the OAIG Performance Metric 1.B.3 "Recommended Concurrence Rate-Success will be measured by management acceptance of at least 90 percent of recommendations or management agreement." 6. Reestablish managements trust in their auditors. A-010 Subject: Effective use of OAIG Auditing Branch Personnel In order to effectively cover the entire family of DoD Components that require auditing oversight, OAIG Auditing is organized into Directorates, Divisions, Branches and Teams. Some of these elements are co-located in the same geographical area as the inspected unit. This is particularly true for oversight of the financial centers of the military departments. The Assessment Team has found that due to the highly structured branch arrangements, led by a Project Manager at the GS-14 1evel, some teams may be underutilized. They sometimes are idle while waiting for the next audit project. On the other hand, there are some divisions that will task organize their teams as required by the audit complexity and the requisite skills required. This appears to be a prudent use of valuable professional assets. Recommendation To the maximum extent possible, considering geographical dispersions of some divisions and requisite skil1 requirements, recommend that the structured branch alignment be penetrated to keep audit teams productively employed. 75 DoD IG FOIA 75 A-011 Subject: Evaluation of the OIG DoD Senior Executive Structure The OIG DoD has a very large number of SES positions for an organization of its size. In view of the critical comments regarding organizational layering and the leadership and management capability of the OIG DoD SESers in general, the need for 17 SESers in an organization of fewer than 1,300 people should be reexamined. Two issues raise the question whether the OIG DoD is over-structured in SES classified positions. First there are 17 SES positions in an organization of fewer than 1,300 persons. Within the DoD, this is an extraordinary density. It is recognized, however, that SES positions are established on the basis of the need for exceptional technical, 1eadership, and management skills and the OIG DoD has numerous such requirements. The second issue is the layering of SESers, particularly in OAIG for Auditing. This office has three layers of SES classified positions and eight of the 17 such positions in the OIG. The size and layering of the OIG DoD SES force indicates that there is a need to review the justification for each of these positions below the deputy IG and AIG levels. There is no standardized format specified to justify the classification of SES positions. Those justified by the OIG DoD were prepared in severa1 formats, to include one format generally structured around the Office of Personne1 Management's five Executive Core Qualifications (ECQ). The ECQ specifies the qualifications expected of persons selected to become SESers. ® • • ■ ■ ECQ 1 Leading Change ECQ 2 Leading People ECQ 3 Results Driven ECQ 4 Business Acumen ECQ 5 Building Coalitions/Communications Under each of the five ECQs there are a number of characteristics that are expected of an SES. For example, the characteristics listed under ECQ I, Leading Change are: 1. Providing leadership in setting the work force's expected performance 1evels commensurate with the organization's strategic objectives; inspiring, motivating, and guiding others toward goal accomplishment; empowering people by sharing power and authority. 2. Promoting quality through effective use of the organization's performance management system (e.g., establishing performance standards, appraising staff accomplishments using the developed standards, and taking action to reward, counsel, and remove employees, as appropriate). 3. Valuing cultural diversity and other differences; fostering an environment in which people who are culturally diverse can work together cooperatively and effectively in achieving organizational goals. 76 DoD IG FOIA 76 4. Assessing employees' unique developmental needs and providing developmental opportunities that maximize employees' capabilities and contribute to the achievement of organizational goals; developing leadership in others through coaching and mentoring. 5. Fostering commitment, team spirit, pride, trust, and group identity; taking steps to prevent situations that could result in unpleasant confrontations. 6. Resolving conflicts in a positive and constructive manner. This includes promoting labor/management partnerships and dealing effectively with employee relations matters, attending to morale and organizational climate issues, handling administrative, labor management, and EEO issues, and taking disciplinary actions when other means have not been successful. The ECQ is a reasonable standard against which the need for an SES as well as the suitability of a candidate SES to fill the position can be measured. It is clear that the criteria established by the ECQ could be applied to high-grade GS employees as well as SESers and this clouds the answer to the question of whether any given position is properly classified as an SES position. This "matter of degree" is a judgment matter that can be resolved by analysis. Thus, examining SES position classifications in the context of the ECQ requirements presents a sound and justifiable approach for determining if any SES positions are over-graded. In earlier years the Office of Personnel Management (OPM) conducted periodic reviews or audits of SES positions in the departments and agencies of the Federal government. During the process the rationale for establishing the position was evaluated and was tested against the reality of what grade was justified by the position description and duties at the time of the OPM review. The OPM no longer conducts the SES position reviews; the field teams that did this work were eliminated as the agency downsized. Recommendation All SES classified positions below the AIG level should be evaluated to determine whether they properly justify the assignment of an SES. It may be necessary for the OIG to form a team of trusted and knowledgeable agents from within the OIG DoD to examine the SES classified positions for validity, or request assistance from another Federal agency IG. A-012 Subject: Retrieval of OIG DoD Employee Emails Managers within the OIG DoD have historically conducted searches of computer systems for purposes of seeking evidence to support employee disciplinary actions. For example, stored emails or common files on the network are retrieved in order to ascertain whether employees are conducting private business using government computers during their official work hours. Pursuant to current protocol, the search requests are sent to the Director for the Information Systems Directorate (ISD). The Director, ISD then assigns a given request to a member of his Information Technology staff. The back up tapes recycle on a rolling 90-day period. As a result, 77 DoD IG FOIA 77 a search can reach back up to 90 days in time. This window of time was formerly 30 days, The Director, ISD recalled receiving search requests "once in a while." The Director, ISD requires that a written search request before performing the search. Email requests are deemed to be in writing. The Office of the Deputy General Counsel does not become involved; search warrants are not required. The Director, ISD could not recall any instance where a search request was rejected. The Assessment Team encountered a far different environment when it requested a search of emails in connection with its investigation of the audit work paper scandal. A search request seeking emails going back two years was made to the Director AIM. He reacted with a high degree of concern about employee privacy and referred to the Privacy Act and further insisted on a written request from the IG DoD which ultimately was furnished to the Director AIM. The Director, ISD later reported that the back up tapes could be searched only for the last 90 days. By contrast, the Acting AIG Auditing told the Assessment Team that he made an email search request to AIM in 2001 in connection with his disciplinary investigation of the managers responsible for the audit work paper scandal. This request went back almost one year. The IG DoD request for emails in support of the Assessment Team investigation also instructed the Director AIM to develop a written policy to establish procedures for future email retrieval. The request specifically stated that all future retrievals would have to be personally approved by the IG DoD. This requirement was added in recognition of the potential for abuse of employees (e.g., reprisal activity against suspected whistleblowers). To date, the Director AIM does not appear to have developed and issued such a policy. Recommendation The IG DoD should demand that Director AIM comply with his instructions and develop a written policy and a set of procedures governing employee computer searches which contain controls designed to prevent the abuse of this investigative tool. The policy should clarify just how far back in time a search can encompass. A-013 Subject: Internal Affairs Capability The OIG DoD has a requirement for an OIG DoD internal affairs investigative capability to police its contested or suspect investigations, EEO, sexual harassment, and whistleblower complaints. The OIG DoD has numerous investigative, audit, and human resource oversight responsibilities. Under the current organization, there are circumstances in which persons in a unit subordinate to the person or element being investigated could be called upon to exercise that oversight responsibility. This would place the individuals in a position of investigating the actions of their superior. At best, this practice would create the appearance of a conflict of interest and jeopardize claims of investigative independence. Examples of such elements of the OIG DoD in which this could occur are the Criminal Investigation and Oversight in the DCIS 78 DoD IG FOIA 78 and the DoD Hotline. Additionally, there are OIG DoD offices with special responsibilities (e.g. EEO) that require immediate attention whenever accusations are made of their misconduct. There is a need to make clear that the answer to the question "who investigates the accused?" is not "themselves." Such apparent conflicts can be avoided by establishing a small Internal Affairs Office, independent of OAIG Investigations and other components responsible for investigating complaints alleging OIG DoD employee misconduct or other inappropriate behavior. There are two types of internal investigations that an OIG DoD Internal Affairs Office would conduct; those dealing with possible criminal activity by OIG DoD employees, and those dealing with non-criminal actions or complaints. While this would be a small office, it needs personnel of the highest quality. Investigation of possible criminal activity by an employee requires skilled and experienced 1811s. The internal affairs function should be performed by a small group of carefully selected personnel; the best and the brightest. These personnel should be members of the special staff and report directly to the IG DoD, and be groomed for future leadership positions. Recommendation Establish a small OIG DoD Internal Affairs Office as part of the IG DoD Special Staff reporting directly to the Inspector General. A-014 Subject: Joint Service Credit for OIG DoD Military Personnel The Office of the Inspector General of the Department of Defense should be staffed with quality and dedicated personnel considering the IG DoD's vision of being an independent and objective broker for DoD. The assigned OIG DoD's mission requires them to "conduct, supervise, monitor, and initiate audits, evaluations, and investigations relating to programs and operations of the Department of Defense." This mission entails an oversight of all DoD Components which includes the Military Departments, the Office of the Joint Chiefs of Staff, the Combatant Commands, the Defense Agencies and DoD field activities. Many of these DoD Components are considered to be jointly manned activities (per JCS Admin Publication 1.2 dated 30 June 1989). Normally the military personnel assigned to these jointly manned activities are considered to be in joint billets or commonly called "purple suit" positions. These are highly sought positions since they will enhance an officer's resume and impact positively on a person's promotion potential. In 1998, the OIG DoD submitted justification that 17 of 37 billets warranted joint credit. However, only one position within OAIG Auditing was validated by The Joint Validation Board as being a joint billet. This is an unacceptable situation if the OIG DoD is to attract talented officers who can contribute to the OIG DoD's mission and, hopefully, enhance his future value to DoD. 79 DoD IG FOIA 79 Recommendation Subsequent to all OIG DoD organizational changes that affect military officer assignments, the Director, AIM should resubmit a complete justification packet for joint billet validation. The packet should include a strong IG DoD's endorsement for the proposal. A-015 Subject: OIG DoD Military Whistleblower Reprisal Workshop The OIG DoD periodically offers a "Military Whistleblower Reprisal Workshop." The day-long course is offered by the Special Inquiries Directorate (SI), Office of Departmental Inquiries. Attendees come from the military 1G offices. The course is intended to educate the audience on the nuts and bolts of investigating allegations that a member of the armed forces was retaliated against for making a protected communication. These kinds of investigations are conducted by the military IG's and the OIG DoD pursuant to 10 U.S.C. Section 1034, DoD Directive 7050.6 "Military Whistleblower Protection", (June 23, 2000) and DoD Directive 6490.1 "Mental Health attended the workshop Evaluations of the Armed Forces" (October 1, 1997). when it was offered on May 14, 2002. The program contains a review of governing statutes and DoD directives, provides a detailed step by step analysis of the requisite elements for a reprisal investigation, analyzes mental health evaluations, and offers legal input from an attorney in the Office of Deputy Counsel. After listening to the entire program, the author believes that several changes would improve the program. For example: The Director, Office of Departmental Inquiries accomplished little in his welcoming comments. It was a valuable opportunity to improve relations with other agencies that have had a contentious working relationship with the OIG DoD. He could have made comments about forging a new positive team effort in this area. There were repeated and tiresome references to how difficult or complicated whistleblower reprisal cases can be. This encourages the audience to disconnect, lose interest, and excuse their inattention. One speaker's numerous references to "long faces" in the audience were selffulfilling. The self-proclaimed "pep rally" became a bust. The SI Director constantly fields audience questions and effectively shuts down her speakers. The slumping body 1anguage of her staff tells all. They appeared sufficiently well trained to handle the questions on their own. Military IG members should be asked whether their work with whistleblower reprisal cases actually makes a difference. This is a valuable opportunity to 1earn what is working and what is broken within the system of OIG DoD oversight of reprisal investigations by the military IG's. It was not until late in day when a speaker from the Office of the Deputy General Counsel provided examples of the good that military whistleblowers do. Prior to that, there was only one nd overpriced weapons parts. In the interim, the SI historical reference to civilian 80 b(6) DoD IG FOIA 80 Director constantly spoke about how the complainants are difficult personalities. As she explained it, the "American system" requires a reprisal investigation in deference to the statutory scheme and their first amendment rights. Legitimate whistleblowers are better viewed as a resource, not an inconvenience. Their messages can save lives and tax dollars. This module also should discuss how difficult it is to blow the whistle. Famous whistleblowers could be highlighted as case studies. The subject workshop represents a laudable training function but needs improvement in the following areas. First, legitimate whistleblowers need to be cast in a far more favorable light. They are currently portrayed as malcontents or difficult employees who rarely provide a public service. Second, whistleblower cases should be presented as interesting work that stands to save lives and dollars. Third, individual speakers need to be allowed to teach their portion of the program without constant interruptions by their supervisor in response to questions from the audience. Recommendations I . Add a separate module on the importance of whistleblowers. 2. Provide a more upbeat presentation. 3. Change the "Welcoming Comments" to a more cooperative note. 4. The SI Director should not constantly disrupt the program. 5. Poll the audience for useful information. Findings Finding 1-001 Subject: Organizational Location and Supervision of the Ethics Function The OIG DoD Ethics Counselor and Program Manager's supervisory and reporting chain has the potential for conflict between two supervisors who have differing supervisory roles over him. The organizational 1ocation of the ethics function has the appearance of being buried in the organization. Discussion The OIG DoD Ethics Counselor and Program Manager is supervised by the Director, Congressiona1 Liaison Office, but reports to the Deputy Designated Agency Ethics Official (DDAEO) who is dual-hatted as the Director, Office of Departmental Inquiries. The OIG DoD Ethics Counselor and Program Manager is also dual-hatted as the head of the Strategic Planning Unit. While this arrangement works due to the good cooperation and personalities of the people involved, the potential for conflict exists. Equally important, its organizational location in the Congressional Liaison Office is unrelated to the ethics functional area, and the split supervisory and reporting responsibilities together incorrectly conveys to observers that the ethics function is 81 DoD IG FOIA 81 buried in the organization and is a low priority. The reputation and credibility of the OIG DoD rests upon its core ethics and this is a subject that can never be far from the attention of the IG DoD. This suggests that the OIG DoD Ethics Counselor and Program Manager should be assigned close to the 10 DoD in the chain-of-command, and should have a single supervisory and reporting chain reaching to him. To accomplish this would require reassignment of the OIG DoD Ethics Counselor and Program Manager, reassignment of the 010 DoD Ethics Counselor and Program Manager supervisory and reporting functions, or both. This is a reorganization issue and should be considered as part of a larger OIG DoD reorganization. Recommendation The OIG DoD Ethics Counselor and Program Manager should be reassigned to an organizational entity in a direct line of the chain-of-command to the IG DoD. Specific organizational location will be addressed as a part of the 010 DoD reorganization recommendations. Finding 2-001 Subject: Manpower Management Existing controls, checks and balances that form the OIG DoD manpower management system are highly effective. Discussion There are no authorization documents establishing the number, grade structure, and job series of civilian personnel. Instead, these data are initially established by means of a civilian manpower survey and position classification, and established position descriptions. The planning tools for establishing the program year's manpower levels are full-time manpower equivalents (FTE) and the fund request necessary to support them. The resulting manpower baseline is annually included as part of the requested budget of each OIG component and "rolled-up" at the Office of Administration and Information Management as a part of the planning, programming and budgeting-POM-PBD process. After the OIG DoD budget is approved, civilian manpower is managed to the budget throughout the year. This requires a rigorous accounting process to prevent an Anti-Deficiency Act violation. This accounting process has been performed in an exemplary manner and, coupled with senior management oversight exercised at Quarterly Budget Review meetings has been highly effective in managing civilian manpower. Finding: 2-002 Subject: OIG DoD Doctrine and Policies There is a comprehensive body of doctrine and implementing policies guiding the OIG DoD to the proper accomplishment of its mission. Policies however are modified at lower levels within the 010 components, both orally and in writing. This is a source of confusion and frustration to some members of the staff, and is fundamentally inefficient. Discussion There is a comprehensive and very useful body of doctrine to guide the OIG DoD. 82 DoD IG FOIA 82 The doctrinal base of the IG DoD is established by the IG Act of 1978 (as amended), DoD Directive 5106.1 (mission and responsibilities), IG Guide 5106.I (organization and functions), The Strategic Plan (2001-2005) (principles, goals, and objectives), and the Annual Performance Plan (performance goals and objectives). These are augmented by IG Instructions, IG Plans, and values and standards instilled through training, education and formal procedures. Together, they form a framework for professional performance of the OIG DoD and are the basis of policies intended to implement the doctrine and body of guidance. The agency-wide policies are formulated at the OIG DoD level, primarily within the Directorate of Administration and Information Management. If necessary, they are then refined by the components to more specifically apply to the component's mission. These implementing policies are coordinated with the originator of the basic policy. This process works well but problems occur within the components when numerous additional uncoordinated policies, written and oral instructions, guidance, standard operating procedures, and similar instructions either elaborate on elements of OIG DoD doctrine and policy cited above, or alter it. There is no apparent control. The changing of policy at low levels within the components was cited repeatedly as a source of confusion. The uncoordinated modification, selective enforcing, or ignoring of policies or regulations imposed by agencies other than the DoD creates a second type of problem. Examples cited to the Assessment Team include claims by multiple auditors that audit policies do not conform to the Yellow Book requirements. Other auditors desiring to telework pointed out that there is little or no ability to do so and that the government-wide (established in Sec. 359 of Public Law 106346) and OIG DoD (IG Reg. 1400.620) 25% telework target will never be achieved since only 12 people in Auditing are considered to be eligible. As a result, OIG DoD doctrine is not universally applied and the leadership has no means of knowing whether all components of the organization are following the guidance or selectively ignoring it. Recommendations 1) Supplementing the OIG DoD directives and policies should be discouraged except in cases specifically approved at the senior leadership level. 2) If it is appropriate to supplement a directive or policy, the proposed supplement should be reviewed at the AIG level to ensure that its content is both known and that it supports the OIG DoD 1eadership's intent. 3) Policies and their reason for being should be clearly communicated to and understood by the component staffs. 4) Develop appropriate policies to provide guidance to the OIG DoD regarding waging the war against terrorism should be developed. In particular, policies are required regarding the war's execution, particularly by investigators in the field. 83 DoD IG FOIA 83 Finding: 2-003 Subject: Implementation of Telework Program Full compliance by all OIG DoD component heads with the spirit and intent of the GIG DoD Telework regulation would significantly enhance the Telework Program. Discussion Telework is defined as "Any arrangement in which an employee performs official assigned duties at an alternative worksite on either a regular and recurring basis, or on an ad-hoc basis (not including official travel duty stations or locations where typical field or headquarters work is performed)". Ad-hoc telework refers to telework performed less than one day per bi-weekly pay period or on an occasional, one-time, or irregular basis. Regular and recurring telework refers to an approved work schedule where eligible employees regularly work at least one day per biweekly pay period at an alternative worksite. Section 359 of Public Law No. 106-346 requires executive agencies to establish policies under which eligible employees may participate in teleworking to the maximum extent possible, without diminished employee performance. The law also requires agencies to allow 25% of their eligible workforce to telework in FY 2001, and an additional 25% in each of the three subsequent fiscal years. Through the commendable efforts of Mr. Napoleon Walker, the Assistant OIG DoD Telework Program Coordinator, the OIG DoD has met the public law requirements. Inspector Genera1 Regulation 1400.620 sets forth the policies, procedures and responsibilities of the OIG DoD Telework Program. This regulation states "The OIG, DoD, recognizes circumstances where it is mutually beneficial for employees to perform work at sites other than the traditional office or at locations other than where typical field or headquarters work is performed. Such circumstances include, but are not 1imited to, accommodation of special needs or disabilities, energy or environmental conservation, savings in commuting costs, the need for an uninterrupted work environment, cost or space savings, or better geographic coverage for the agency mission. Employees and their supervisors may make telework arrangements for purposes of promoting the efficiency of the Government and fostering a family-friendly OIG DoD". This regulation requires OIG Component heads to actively promote an increase in the number of teleworkers by encouraging and supporting participation in the GIG DoD Telework Program to the maximum extent possible. This regulation also requires GIG DoD component heads to maintain records of determinations of eligibility for telework, offers and responses to offers to telework, telework agreements, etc. Inspection revealed that 188 OIG DoD employees are currently eligible to telework. Of this number, 108 and 80 employees were eligible for ad-hoc and regular and recurring telework respectively. Only twelve audit employees have been identified as eligible for the Telework Program. This represents 6.3% of the total number of eligible teleworkers. A review of the audit telework programs revealed that the OAIG Auditing has not complied with the spirit and intent of the Inspector Genera1 Regulation 1400.620 pertaining to the GIG DoD Telework Program in that the 1eadership did not actively promote the program, ensure that no less than 25% of employees eligible to telework on a regular and recurring basis are offered telework in FY 2001 and maintain records of determinations of eligibility for telework. Discussions with responsible personnel indicate that the audit leadership had stated that auditors would be considered for adhoc teleworking only. Employees in other job series are considered for both ad-hoc and a regular and recurring telework. This approach to the teleworking program will not achieve the Telework Program goals as outlined in the GIG DoD regulation. 84 DoD IG FOIA 84 Recommendation OAIG Auditing should review immediately their Telework Program and adhere to the clear guidelines set forth in the Inspector General Regulation 1400.620. Findings: Series 3 Findings have been deleted Finding: 4-001 Subject: Assignment/Training of Military Personne1 Improvements in the assignment and schooling of OIG DoD military personnel are needed. Discussion As of 30 April 2002, 32 military officers were assigned to the Office of the Inspector General, Department of Defense. The break down is Army-10, Navy-5, Air Force-15 and Marine Corps2. Their professional career fields are in al1 disciplines to include military police, medical services, lawyers, transportation, intelligence, engineers, contracting and security. Accordingly, they are assigned to a variety of OIG DoD positions to include evaluations, readiness, logistics, acquisitions, administration and policy and programs. With few exceptions, they are assigned to positions consistent with their professional expertise and years of military service (6 to over 20 years). The assignment policy for these officers to the OIG DoD varies among the different services. The Army officers are nominative through the Army Inspector General to the OIG DoD. On the other hand, the other services assign personnel directly to the OIG DoD without going through an individual service IG nominative process. Resulting therefrom is a wide variance of technical expertise, years of service and quality of officers. Although the majority of military officers are talented and of exceptional quality, in some cases, the officer is on a terminal assignment and may be disgruntled or ineffective. The OIG DoD should be staffed with professional, productive, technically qualified officers who are carefully selected to enhance and contribute to the overall Inspector General mission. The Army personnel assigned to the OIG DoD are required to attend the Department of the Army's Inspector General (DAIG) School at Ft. Belvoir. The course length is three weeks and other services can attend the school on a space available basis providing the class capacity of 64 is not exceeded. The Navy and the Air Force also have similar IG schools. Recommendations That all 010 DoD military personnel: 1. Be processed through their service nominative process prior to a name submission to OIG DoD, 2. Be required to attend the DAIG school (or a similar school). 85 DoD IG FOIA 85 Finding: 4-002 Subject: Education and Training Resources (money, people, time) for education and training do not match requirements. Discussion There is no effective system to identify and verify the education and training needs in the OIG DoD. Responsible senior management and staff cannot make meaningful decisions on priorities and requests for education and training resources. Without validated requirements (in accord with a training model) the system cannot be managed. Therefore resources for education and training do not match the demand for education and training that bubbles up from among the rank and file. Money. Education and training funds come from two sources. The first is from the annual Agency budget; this was $I.239 mil. for FY 02. The second source is the quarterly reprogramming actions by the OIG DoD Senior Management Group. Unfunded requirements compete for these funds in that arena, and there is no education and training proponent directly involved in the reprogramming decision. People. There are no senior or middle managers with a sole duty of developing and promulgating education and training policy. The education and training function is starved for people. Without a current assessment of education and training requirements, or a training model, rational staffing of this functional area is not possible. Time. The allocation of work force time to education and training is as important as the allocation of other resources, and is a responsibility of the managers concerned. Clear Agency doctrine must underlay education and training resource allocation. Recommendation As part of a comprehensive restructuring of the education and training function in the OIG DoD, base the allocation of resources upon an annual assessment of the Agency's education and training needs, in accord with the training doctrine and the education and training model. (See Education and Training Assessment) Finding: 4-003 Subject: Education and Training There is no education and training mode1 for the OIG DoD. Discussion The essential management tool to plan, program, budget, and manage education and training is a comprehensive training model. A training model identifies the education and training required for each level of each career field in OIG DoD. It is a management tool that assists in allocating scarce resources, presents a current education and training status for managers and sets usable training goals for managers and individuals. No such model exists in the OIG DoD. The OIG DoD components each have the elements of a training model that satisfies their particular skil1 86 DoD IG FOIA 86 training needs. These fragments of an OIG DoD model are the remnants of a once robust and useful education and training strategy in the Agency, and are the results of initiatives by the component leadership. An example of a partial training model exists in OIG DoD Audit. That component has developed a computer-based system called DAMIS. It contains sufficient data to serve as the basis of a fullblown OIG DoD training model. DAMIS contains all the courses used by Audit employees. It contains the training records of each employee and can track employee progress in meeting the required (Yellow Book) training. Individual training requests can be submitted through this system when Audit employees begin to access DAMIS. The system is still under development. Recommendations 1. As part of a comprehensive restructuring of OIG DoD's education and training, develop and activate a comprehensive training model for OIG DoD. 2. OIG DoD should support and exploit the capabilities of Audit's DAMIS project. The results of an 010 DoD education and training assessment will rationalize the requirements; the addition of costing data will rationalize the planning and programming process. Finding: 4-004 Subject: Education and Training There is no one senior officer responsible all education and training in the OIG DoD. Discussion The education and training function in the OIG DoD is, in practice delegated to the components. This is justified in part, by the difference in mission and essentia1 skills between the audit function and the investigation function. For technical skills at the GS 5 thru GS 11, this decentralization appears to work to the satisfaction of the responsible AIG's. When it comes to non-technical subjects such as initial entry orientation, leadership, and career development, decentralized education is insufficient and ineffective. Because there is no central responsibility; there is no training model; there are no central existing training records, and a limited central training database. There are none of the normal tools available to plan, program, budget, and manage education and training. The most glaring deficiency, expressed mainly by those being led, is in leadership and management education. The sources of education and training (mostly external to OIG DoD) are available. Recommendations Appoint a senior official, reporting to the IG DoD, responsible and accountable for planning, programming, budgeting and management of al1 agency education and training. 87 DoD IG FOIA 87 Finding: 4-005 Subject: DoD-Specific Education and Training Leadership and management. The education of the middle grades (GS 12 throughI4's) is not matching the needs of the organization. Discussion Repeatedly in seminars and individual interviews, subordinates and incumbents point out the need for leadership and management education. It is not clear whether this is a result of an incomplete knowledge of what education is available, or what education the individual needs, or a lack of resources. In any case, it is a responsibility of management to develop the leadership capability of their subordinates. Either in truth, or in perception, such education is not being used to improve the professionalism and effectiveness of the OIG DoD workforce. Education resources are available at the Federal Executive Institute, The Eastern Establishment Development Center, The Office of Personnel Management courses, and the USDA Graduate School. It is possible that a number of these institutes could tailor programs of instruction for OIG DoD middle and senior leaders. An alternative, deserving serious consideration, is the establishment of an IG DoD Academy Recommendations 1. In the process of a comprehensive overhaul, particular care and high priority should be given to progressive leadership development and education in OIG DoD. 2. Consider the establishment of an IG DoD Academy with three courses: a Basic Course (for all new employees), an Advanced Course (for all employees between their third and sixth year of service), and a Management and Staff Course (for those with demonstrated potential for Division, Directorate, or OAIG leadership or staff). Such an academy could replace many of the non-technical education and training resources now in use. Finding: 4-006 Subject: Mentoring Program in OIG DoD Auditing The mentoring program in OIG DoD Auditing has had mixed results. Discussion: The Assessment Team convened a discussion group of a sample (12 of 70) of the Mentoring Program participants. Attendees were all grades from GS 7 to GS 15 and all levels of experiences from 6 months to 22 years. Eleven of the 12 at this meeting found the program to be useful, particularly in enhancing their understanding of the command climate, corporate cultures of OIG DoD Auditing. A smaller portion used the program to enhance their knowledge of their specific job. Some of the group identified an informal mentoring process carried on by their supervisors; all were enthusiastic about this approach. 88 DoD IG FOIA 88 Repeatedly, attendees at the meeting group talked about leadership, 1eadership training, and communication. Some were critical of the lack of sensitivity of supervisors, and their reluctance to do informal mentoring and counseling. Some indicated that their supervisors had been sensitive and supportive. Leadership education and training were brought up constantly in this discussion. For example, one auditor who was not designated as a team chief, but in fact had been sent out as a team chief did not feel that he was adequately prepared to lead a team, or in the technical sense to prepare a draft report of the audit. Recommendations 1. OAIG Auditing should make an assessment of the mentoring program to measure its effectiveness. 2. Encourage supervisors to act as mentors in both the one-on-one mode and the group mode. It is not now part of the Audit Mentoring Program. Mentoring is an intrinsic part of leadership. Finding: 5-001 Subject: OIG DoD Systems Furniture Project The development of the OIG DoD Systems Furniture Project was commendable. Discussion The Space Management Branch, Office of the Director of Administration and Information Management developed an upscale Systems Furniture Project. This innovative project was researched, developed and im lemented by the OIG DoD's Space Management Planning Group headed by The planning group developed the concept, researched furniture options and configurations and planned for the systems furniture implementation. The Systems Furniture Project was developed not only for the OIG DoD headquarters building but also for all OIG DoD field offices. The Space Management Planning Group is a mode1 for other DoD agencies to emulate. The project involved renovations, construction and office space reconfiguration to a space-efficient modular concept. The new individual modular office space design is outstanding as it features a flexible workspace configuration, storage tower for personal items and clothing and a one-touch storage bin for each employee. The project also featured teaming areas (conference space) to facilitate collective work projects. Instruction was given to employees as to how to adjust chairs and keyboards to the correct 1evel so as to avoid Carpel Tunnel Syndrome injuries and eyestrain. The Systems Furniture Project research, planning and implementation was highly commendable and reflects great credit upon and the Space Management Planning Group. 89 b(6) DoD IG FOIA 89 Finding: 5-002 Subject: Funding of the OIG DoD Systems Furniture Project The efficient implementation of the OIG DoD Systems Furniture Project would be significantly enhanced by the allocation of programmed dollars over time. Discussion and the OIG DoD Finding 5-001 described the commendable effort by [redacted] Space Management Planning Group in the recent planning and implementation of the Systems Furniture Project. A review of the OIG DoD efforts in implementing a facilities and furniture improvement program revealed that throughout the 1990's there was little command support for this much needed facilities improvement project and that leadership was reluctant to request required funding. Due to this command inactivity during the 1990's the 010 DoD is eight to ten years behind other local governmental agencies in developing and implementing a facilities and furniture improvement program. Recent command attention to this project resulted in the Senior Management Group (SMG) approval of a Systems Furniture Project as part of the OIG DoD Quality of Life Improvement Plan in the Fall of 2000. This enabled the 01G DoD Space Management Branch to plan and develop a Systems Furniture Project featuring new modular furniture, building renovations and remodeling. Five systems furniture projects in the OIG DoD headquarters have been completed; a sixth project is due to start in the June/July 2002. The latter project is not fully funded. As of 8 May 2002, $2,247,524 has been spent on the OIG DoD headquarters for this project. The project is 25% complete. The estimated cost to complete the Systems Furniture Project is $7,452,524. In the past the Systems Furniture Project has not received upfront-programmed monies and is not being funded in the core FY04-FY09 Program Budget. This project has been an unfinanced requirement from the start and has been funded with reprogrammed dollars made available from excess Operations and Maintenance (O&M) funds. In res onse to recent senior leadership directives to fund the Systems Furniture Project, Director of Financial Management, Administration and Information Management has done a commendable job in obtaining funds for this much needed Quality of Life Project. For example, during the 3 rd Quarter FY 2001 Budget Review she was able to take excess funds from the O&M budget in the areas of pay and compensation, transit subsidy, travel, audit and investigations permanent change of station accounts and the reserve account to provide $1,604,600 toward needed unfinanced requirements including the System Furniture Project. The continued use of reprogrammed monies for the Systems Furniture Project inhibits the efficient implementation of the project and affects other claimants for scarce funds. This Systems Furniture Project should be funded in the core OIG DoD program budget. Recommendation OIG DoD should provide funds for the Systems Furniture Project in the core OIG DoD budget program. 90 b(6) DoD IG FOIA 90 Finding: 5-003 Subject: Listing of DoD Components A complete and accurate listing of all DoD Components is required. Discussion In order for the IG DoD to comply with the duties and responsibilities in the Inspector General Act of 1978 (as amended) and Department of Defense Directorate 5106.I, "Inspector General of the Department of Defense (IG DoD)," dated January 4, 2001, the OIG DoD requires an accurate listing of all DoD components. Collectively the term "DoD components" includes the Military Departments, the Combatant Commands, the Defense Agencies, and the DoD Field Activities. Initially the OAIG Administration and Information Management provided the assessment team a list of 14-16 DoD Components. Later, through a combination of the time consuming effort and a subsequent list (30 agencies) provided by OAIG Auditing on 16 May 2002, this list increased to 35. In a June 2, 1981 summary report signed by Mr. Joseph H. Sherick, a former IG DoD, he stated there were "over 165 entities identified for inspection". Some of these 165 DoD entities have since been disestablished and the correct number of components could be somewhere in the 35-70 range. An accurate component listing is essential to the primary purpose of the OIG DoD to provide oversight of these entities. A preliminary survey revealed that most of these components, except for the intelligence agencies, have no inspector general or internal review capabilities. Recommendations That the 010 DoD compile and update annually an accurate listing of all DoD Components that require audit, investigative or evaluation oversight. Finding: 5-004 Subject: Performance/Incentive Cash Awards Additional funding for performance/incentive cash awards would significantly enhance the ability of the OIG DoD 1eadership to reward deserving employees. Discussion 1G DoD Memorandum entitled "OIG Cash Awards Guidance" dated 17 March 1994, states that total cash awards (including special act or service awards) dollars within each OAIG for nonSES employees shall not exceed 1.25 percent of the aggregate base salaries of those employees on board as of October 1 of the current fiscal year. Reflecting this guidance, $864,000 for 1,193 GS personnel was targeted for FY 2001 GS awards. This represents a potential cash award of $724.22 per GS employee assuming all are rated at least "fully successful". SES employees on the other hand are budgeted for 10% of their aggregate base pay for awards as of October 1 of the current fisca1 year. SES employees may receive between 5 and 20 percent of base pay. For the rating period ending June 2001, eleven of the fourteen assigned IG DoD SES employees received cash awards totaling $137,140. This amount represents 8.04% of the total SES payroll and an average cash award of $12,467.27 per SES award recipient. Although the award monies for SES and GS employees come from different accounts, it appears that insufficient award 91 DoD IG FOIA 91 funds are allocated for GS employees. 1.25% of the aggregate base salary does not provide sufficient award funds for GS5 to GS 15 employees whose base salary range from $22,737. to $107,357. In keeping with DIG Cash Awards Guidance subordinate DIG DoD organizations have their own formulas to provide cash awards for deserving GS personnel. For example, the Administration and Logistics Services Directorate had elected to provide their supervisory personnel 1.5% of their $389,184 base salary target and to provide their non-supervisory personnel I.I% of their $389,184 salary base. This represents an average cash award of $972.96 and $194.60 for supervisory and non-supervisory employees respectively. Interviews with the responsible AIM personnel reveal that there are insufficient award funds to reward many deserving employees. Alternate methods to award employees for performance such as Time Off Awards and Honorary Awards are used to complement cash performance awards. There is a need to revise "OIG Cash Awards Guidance" to reflect that total cash dollars for non-SES employees shall not exceed 2.5% of the aggregate base salaries of those employees on board as of October 1 of the current fiscal year, and to separate targets for supervisory and nonsupervisory personnel (that cannot be inter-mingled). Further, only one type of monetary recognition should be approved for performance during an appraisal period. These changes will allow a greater number of deserving GS employees to receive monetary recognition for their work. Recommendations 1. "DIG Cash Awards Guidance" should be revised to reflect that total cash dollars for non-SES employees shall not exceed 2.5% of the aggregate base salaries. 2. Separate cash award targets for supervisory and non-supervisory personnel (that cannot be intermingled). 3. Allow only one type of monetary recognition for performance during an appraisal period. Finding: 5-005 Subject: Quality Step Increases (QSI) Amendments to the "OIG Cash Awards Guidance" memorandum pertaining to QSI awards would benefit the IG DoD GS employee. Discussion IG DoD Memorandum entitled "OIG Cash Awards Guidance" dated 17 March 1994, outlines the parameters for awarding Quality Step Increases within the OIG DoD. This memorandum states that; "Quality Step Increases within each OAIG shall be limited to no more than five percent of the total non-SES work force on board as of October I of the current fiscal year". A QSI consists of an additional within grade pay increase for an employee, given in recognition of "outstanding" performance. Only employees with a current "outstanding" rating are eligible for a QSI. An employee may receive only one QSI within a 52-week period. Since a QSI can be given to only five percent of the non-SES workforce each year, extreme care must be taken in the selection of QSI recipients. The Office of the Director for Administration and 1nformation Management for example, may grant QSI's to only five employees during the fisca1 year based 92 DoD IG FOIA 92 upon a non-SES end strength of 101 personnel. With such a limited number of QSI recipients it behooves the OIG DoD leadership to select only outstanding employees whose performance clearly indicates a higher quality performance than is normally found in the job position. Yearly repetitive QSI rewards for the same employee are not in the best interest of the OIG. To permit more deserving people to receive this scarce award, the "OIG Cash Awards Guidance" memorandum should be amended to reflect that an employee may receive only one QSI within a I04-week period. In addition the memorandum should state that employees promoted or appointed during the appraisa1 period are not eligible for a QSI. These amendments are not only in the best interest of the OIG but also will enable additional high performing employees to receive this much sought after recognition. Recommendations 1. The "OIG Cash Awards Guidance" be amended to reflect that an employee may receive only one QSI within a 104-week period. 2. Employees promoted or appointed during the approval period should not be eligible for a QSI. Finding: 5-006 Subject: DoD Hotline The operation of the DoD Hotline Program is laudatory but some areas require improvement. Discussion The DoD hotline is guided by DoD Directive Number 7050.1 — "Defense Hotline Program", dated January 4, 1999 and DoD Instruction Number 7050.7 "Defense Hotline Procedures", dated December 14, 1998. The purpose of Directive 7050.1 is to clarify Defense Hotline Program responsibilities and the purpose of Instruction 7050.7 is to implement policy, assign responsibilities and prescribe procedures for the operation of the program. Collectively, the documents assign responsibility for operation of the DoD Hotline to the OIG DoD and, also for oversight, assurance reviews and the issuance of implementing instructions to the same agency. A review of the DoD Hotline Program revealed that directives addressing the program, procedures and the quality assurance review are current and provide the necessary guidance to DoD components. Further, that the internal controls of the administrative processing of the DoD Hotline information are excellent. Without exception, the Hotline personnel are honest, talented, professionally qualified, well trained and know the intricacies of their sensitive positions. They understand fully that the above-reproach, highest standards must be attained and sustained for the DoD Hotline to be the primary vehicle for reporting fraud, waste and mismanagement in DoD. In the training area, new personnel are placed with experienced GS-13 Hotline investigators for approximately 30 days before being permitted to answer Hotline calls. New personnel are also required to attend the Department of the Army IG course and the one-week Hotline Operators Training Course, Federal Law Enforcement Training Center as soon as practical subsequent to their arrival. 93 DoD IG FOIA 93 Confidentiality and anonymity are the bedrock of this program. A violation to a single complainant of the confidential or the anonymous pledge will render the program ineffective and untrustworthy. As an aside, historically over the past few years, the valid cases are split evenly among the confidential and anonymous categories. It is known by some personnel in the OIG DoD community that the current DoD Hotline telephone system displays the telephone number of the incoming call. Although there is no indication that Hotline investigators have violated the confidential or anonymous pledge, there does exist a perception that the telephone feature could invalidate a sacrosanct system. Additionally, any telephone system can identify an incoming call by dialing 69, then the pound sign. A system should be devised to eliminate this negative erce tion label. Per OAIG Investigations personnel, coordination has been effected with [redacted]. OAIM, to have the telephone company determine the feasibility of securing a nontelephone number display phone for the Hotline operations. More importantly, the current physical setup of the Hotline Office is totally unacceptable for the storage of closed and open sensitive case files. The Hotline Office is located between two OIG DoD elements, which very easily could have access to all files especially during non-working hours. This physical arrangement also permits other OIG DoD personnel and cleaning crews unrestricted access during non-duty hours. With a very small investment of two cipher lock doors, the files could be secured. OAIG Investigations attempted previously to resolve the Hotline files issue but without success. This is a potentially embarrassing problem that must be addressed expeditiously. Recommendations 1. Secure a telephone system that will not display the telephone number of the complainant. 2. Provide a secure facility, which allows only Hotline personnel access to sensitive files. Finding: 5-007 Subject: Commendable Quality of Life Programs The implementation of the Voluntary Leave Transfer Program, Business Casual Attire Program and Alternative Work Schedules Program was commendable. Discussion Interviews with numerous OIG DoD employees revealed that the Voluntary Leave Transfer Program, Business Casual Attire Program and the Alternative Work Schedules Program were greatly appreciated by the workforce. The implementation of these programs significantly enhanced the quality of life of the OIG DoD employees. The Voluntary Leave Transfer Program permits an employee to transfer unused, accrued leave to another employee who needs such leave because of a medical emergency. This program is extremely beneficial to an employee whose medical condition may result in a prolonged absence from the workforce, which could result in a substantial.loss of income because of the unavailability of paid leave. The Business Casual Attire Program is a significant morale booster for many OIG DoD employees. This program permits employees to wear casual clothing to work when the employee's schedules does not require customary professional attire. The Alternative Work Schedules Program is a widely 94 b(6) DoD IG FOIA 94 acclaimed program, which not only allows employees more flexibility in scheduling their persona1 activities but also allows them more control in balancing work and family responsibilities. The OIG DoD Alternative Work Schedules Program consists of a Flexible Work Schedules (FWS) and a Compressed Work Schedules (CWS). The FWS consists of a flexitour Schedules which allows an employee to select his/her starting and stopping times within flexible hours and a gliding Schedules which allows an employee to select a range wherein his/her duty day will start and end, within the established flexible hours. The CWS program allows full time employees 80 hours of work to be completed each biweekly pay period in nine workdays. These CWS program employees work a fixed Schedules of eight 9-hour workdays and one 8-hour workday in each biweekly pay period. In addition to these alternative work Schedules the OIG DoD is currently staffing a new 4 by 10 work Schedules which would permit employees to work 10 hour days for 4 days each week. The implementation of these quality of 1ife programs, Voluntary Leave Transfer Program, Business Casual Attire Program and Alternative Work Schedules Program is commendable and reflects management's interest in the welfare of their employees. 95 DoD IG FOIA 95 ANNEX 2. REPORT OF SENIOR ADVISORY GROUP, 16 MAY 2002 MEMORANDUM FOR: RECORD FROM: MPRI INDEPENDENT ASSESSMENT TEAM SUBJECT: SENIOR ADVISORY GROUP (SAG) DATE: 6/26/2002 As directed by Delivery Order Execution Plan 0080, dated 22 April 2002, a Senior Advisory Group was convened on 16 May 2002 to review the progress of the MPRI 1ndependent Assessment Team. The SAG membership was composed of senior officials with experience in audits, inspections, and investigations in a variety of government settings. SAG Membership: General Ron Griffith USA (Ret), former Vice Chief, US Army. Former Inspector General, US Army. LTG Ross Thompson USA (Ret), former Inspector General, US Army. Mr. Hal Stugart, Former Auditor General, US Army. Former division chief, GAO. The Assessment Team gave the SAG a comprehensive briefing on the progress of the work to date. The IG DoD took the opportunity to express his vision of what the OIG DoD should be. He emphasized that he wanted to move the agency toward the "Von Steuben model". He elaborated on his expectations for the Assessment Team's product. Items discussed and guidance offered: • Discussion of the difference between investigations and inspections. • Raised the issue of having professional IGs with a professional ethic. • Possibility of an AIG for Integrity. • Explored the desirability of an OIG DoD Academy. • Recruiting auditors 96 DoD IG FOIA 96 Annex 3. Report of Senior Advisory Group, 26 June 2002 MEMORANDUM FOR RECORD FROM: MPRI INDEPENDENT ASSESSMENT TEAM SUBJECT: SENIOR ADVISORY GROUP (SAG) DATE: 18 JULY 2002 As directed by Delivery Order Execution Plan 0080, dated 22 April 2002, a Senior Advisory Group was convened on 26 June 2002 to review the progress of the MPRI Independent Assessment Team. The SAG membership was composed of senior officials with experience in audits, inspections, and investigations in a variety of government settings. SAG Membership: General Ron Griffith USA (Ret), former Vice Chief, US Army. Former Inspector General, US Army. Mrs. Carol Schuster, Deputy Director, Defense Directorate, General Accounting Office (GAO). Judge Eugene Sullivan, former Chief Judge, U.S. Military Court of Appeals. LTG Ross Thompson USA (Ret), former Inspector General, US Army. Mr. Hal Stu• art Former Auditor General, US Army, Former Division chief, GAO White House Liaison Officer to the Department of State Air Force Reserve, Judge Advocate Genera1 Corps. The IG DoD was also in attendance. The Assessment Team gave the SAG a comprehensive briefing on the progress of the work to date. The briefing covered the four assigned Tasks and 10 Special Subject Areas. In the ensuing discussion the following comments and issues were raised: • Standards of Excellence. The level of professionalism in OIG DoD should be so respected that there is where the best civil servants should seek to serve. • Loyalty. Any member of the Senior Executive Service (SES) brought into the OIG DoD should demonstrate loyalty to the IG DoD to the rank and file. • DCIS Issue. Is the DCIS by law to be part of the OIG DoD? (Answer is yes). • GAO Revitalization. Mrs. Shuster described the leadership techniques used to revitalize the GAO several years ago. She followed up her remarks with a memo to the MPRI Program Director. • Mobility of SESs. The IG DoD requested that we consider whether SESs be rotated every three years and that their positions be recompeted. • Quick Reaction Inspection Capability. The SAG suggested that IG DoD have a Commanders' Quick Reaction Inspection Program. The SAG was satisfied with the Assessment Team's progress to date. 97 b(6) DoD IG FOIA 97