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HomeMy WebLinkAbout1986-1580.Alton et al.90-07-04EMPLOY&DELI\ CO”RONNE OEL’ON%wO COMM,SS,ON DE SETTLEMENT RkGLEMENT DES GRIEFS 1580/86,1594/86 BETWEEN: BEFORE: POR TEE GRIEVOR: IN THE MATTER OF AN ARBITRATION under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD OPSEU (Altonet al) FOR THE EMPLOYER: HEARING: The C rown in Right of On tario ( Ninistry of Revenue ) Grievor - and - Employer - and - N. Dissanayake I. Thomson W. Lobraico Vice-Chairperson Member member L. Rothstein Counsel _. Gowllng, stratny Barristers & Soli & Henderson citors D. Daniels Counsel Mathews, Dinsdale & Clark Barristers & Solicitors April 4, 7, 1989 September 6, 12. 13, 22, 1989 2 DECISION There are two groups of grievances before the Board, all filed around November, 1986. The first group, which we will refer to as the "Alton Groupll, was filed- by emp,loyees whose positions at the time were classified as Financial Officer 4 ("FO-4"). In these grievances, the grievors claim that they are improperly classified as FO-4 and seek reclassification as FO-5. The second group, which we will refer to as the "Bellamy Group" was filed by employees whose positions at the time were classified as FO-3. However, between the filing of these grievances in November 1986 and the commencement of this hearing in April 1989, all but a few of the Bellamy Group of grievors had been reclassified as FO-4. The Bellamy Group of grievors also claim that at the time of filing of the grievances, they were improperly classified as FO-3 and seek reclassification as FO-5. At the commencement of the hearing there was a difference of opinion between counsel as to how the hearing should proceed in two important areas. Firstly, the Union proposed to call two or three only of the Alton group of grievors, who it felt were representative. Counsel for the Employer was not willing to agree that those witnesses were representative and took the position that the only way the Board can find out if they were representative was by hearing from each of the twelve grievors. The Board encouraged and gave full opportunity to the parties. to agree upon a representative number of grievors, but the parties were unable to do so. The Employer's position remained that none of the grievors were representative and that the Board must hear testimony from each grievor. The second difficulty that arose related to the appropriate‘procedure in hearing the two groups of grievances. Specifically, the parties could not agree whether the two groups should be consolidated or heard consecutively, and if heard consecutively, whether the evidence heard in one ought to apply to the other. The Board heard full submissions from counsel on each of these matters and ruled orally. On the first issue, the Board felt that it had to balance its own interest; and indeed the obligation, to conduct these classification grievance arbitrations in a reasonably efficient and expeditious manner, with the parties' concern that the Board ought to have all of the evidence it needs to make a rational decision. In the case at hand, the grievors were all working as investigators in the same branch of the Ministry of Revenue. They worked under an identical position specification and were identically classified. In the circumstances, the Board felt that it was not reasonable for the Employer to simply take the bold position that none of the grievors were representative and to ‘i 4 insist that we hear from each of twelve grievors and find out if they have similar duties and responsibilities. The Board therefore ruled that the Union is entitled to lead evidence from witnesses whop it felt were representative and that the Employer is entitled, if that is its position, to establish that those witnesses are not in fact representative. On the second issue the Board ruled that the two groups of grievances will be consolidated for a limited purpose. The Union would be entitled to lead evidence as to the Bellamy Group grievers' duties and responsibilities subsequent to their reclassification as FO-4. Unless the evidence indicates that the duties of the Bellamy Group as FO-4 were materially different from the work done by the Alton Group as FO-4, the Board's determination as to the appropriate classification for the Alton Group will also apply to the Bellamy Group of grievors for the period subseauent to their reclassification as FO-4. Notwithstanding the extraordinary length of testimony and the number of exhibits filed, we do not find substantial disagreement between the parties as to the material facts. The difference between the parties really arises from the different characterizations and interpretations of those facts when applied to the language in the class standards. The 5 relevant documentation is attached to this decision marked as follows: Financial Officer 4 class standard - Appendix "A" Financial Officer 5 class standard - Appendix "B" Position Specification in effect at time of filing grievances - Appendix @'C" Position Specification current - Appendix I'D" The grievors are employed at the Ministry of Revenue's Special Investigations Branch at Oshawa, Ontario. Their position title is "Investigator". They are responsible for the investigation and auditing of suspected tax evasion and fraud under various provincial taxing statutes and the improper use of grants made available by the government of Ontario under the Small Business Develonment Corvorations Act. The grievors possess knowledge and experience in accounting and auditing which they use in carrying out their investigations. In addition, they have received tra'ining at the Ministry on the investigative skills required to carry out their job. While a professional accounting designation is not a prerequisite for appointment as an investigator, a number of the grievors possess either the C.G.A. or C.M.A. designations. It is generally agreed that the grievors are among the most qualified of the bargaining unit employees and that their classification is one of the higher paid classifications under the collective agreement. 6 There are no FO-5s employed at the Special Investigations Branch. There are a number of senior investigator positions, which are classified as AM-19, a management classification. The Board heard considerable evidence about the work performed by the AM-19s in comparison with the work of the grievors. This evidence was' not adduced for' the purpose of a typical Vsage~' argument. Rather, the intention was to compare the, grievors' work with the work of the admittedly higher ranked AM-19 employees to establish that the grievors performed their duties at an equally high level. Having'regard to the evidence as to the duties performed by the grievor~s, the class standards, and the .position specifications, it is clear'that there is considerable overlaps between the FO-4 and FO-5.classifications, and both counsel readily recognised this. The task. of this Board in the circumstances is to establish the.best fit between the duties and responsibilities of the grievors and the resp,ective FO-4 and FO-5 class standards. In carrying out this task the Board need concentrate only on those key areas which became the focus of counsel's attention during the hearing, as the areas of material difference between the two class standards. The, "best fit" in those critical areas will determine ,the appropriate classification for the grievors. In this regard we note that while much evidence was adduced relating to the relative complexity of the work of the grievors, at the end 7 'this became a non-issue in that both counsel agreed that both .class standards envisage the incumbents to perform complex work. We now turn to the areas in issue, which we feel are of some substances. There were other areas where counsel tried to distinguish between the two class standards. In our opinion those are distinctions in the form and language used, but not in substance. Senioritv .of vosition The FO-4 class is said to cover "senior working level positions", while the FO-5 class .covers "senior positions". Counsel for the Employer submits that this is a key distinction. The "working level" positions are responsible for the main work or product of the Branch, i.e. the investigation of suspected fraud. While the working level focuses on investigation, the senior level (FO-5) envisages group leadership and supervision. It is submitted that since the grievors do not have any group leadership or supervisory role, they properly fit the FO-4 class standard. We do not attach the same significance to the distinction between "senior working level positions" and "senior positions" as Empl.oyer counsel does. There is nothing in the class .&andards to indicate that the difference between the a two is the group leadership and supervisory role of FO-5s. Indeed, if the class standards are closely examined, both make reference to group leadership. The FO-5 standard talks about providing "technical or project leadership to other officers", while the FO-4 class standard makes explicit reference to providing "project leadersh~ip and training to other employees". Moreover, if the conduct of investigations is the main responsibility .of the 8tworking levell', that is not apparent from the class standards. As we will review below, the FO-5 class standard places much more emphasis on the investigative functions than the FO-4 class standard., Therefore, it is not possible to conclude from the evidence that the grievers' lack of a leadership role, or their extensive involvement in investigations make them a better-fit to the FO-4 class standard. Level of Suvervision The FO-4 class standard states that the incumbents "work under minimal supervision being guided largely by statutory requirements and broad procedural rules". Incumbents of FO- 5 positions are said to "work under general direction usually receiving guidance on matters of policy only". One of the management witnesses Mr. R. Stangarone, testified that he supervised the work of the employees in his group on an on- going basis and that sometimes he even checked the accuracy 9 of the grievers' work by going to the source documents without the knowledge of the investigator. However, all of the other witnesses, including management witnesses, testif.iedthatthey were unaware of such supervision and that it would be unusual for a supervisor to go to the source documents. The preponderance of evidence indicates the extent of the grievers' supervision to be extremely limited. We prefer the. testimony of management witnesses Pothier and Deschamp, corroborated by the union's witnesses, that the level of supervision was minimal. That is not inconsistent with the description in the FO-5 class standard, namely, "general direction". Counsel for the Employer makes much of the words in the FO-5 class "usually receiving general guidance on matters of policy only". We see no significant difference between that language and the phrase used in the FO-4 standard - "being guided largely by statutory requirements and broad procedural rules". On the whole, we are of the view that the two class standards do not envisage sufficiently different levels of supervision to' be a factor in assessing the appropriate classification. Initiative and iudaement Counsel for the Employer concedes that both class standards require employees to use initiative and judgement. 10 However, according to him, the key difference is the use of the words "reaching decisions" in the PO-5 standard. He points out that the grievors did not make any final decisions because their 18decisions88 were really Vecommendations" subject to approval by management, the legal services branch or the crown prosecutor. To accept counsel's argument we would have to agree that a decision which is subject to approval by someone else is not a decision at all. This simply does not make sense. If that was so, even management would not be making any decision relating to laying of charges under the taxing statutes because it.is the crown prosecutor assigned to conduct the trial who ultimately makes the final decision whether to proceed with the charges. Similarly, any .management decision on administrative matters will not be a decision if it is subject to approval by a higher authority such as the Assistant Deputy Minister or the Deputy Minister. We do not subscribe to that view. We find that the grievors do make decisions, notwithstanding that those decisions are subject to approval. Accountability The Employer's submission is similar to the one relating to initiative and judgement, which we have rejected. The argument is that since the grievers' decisions (recommendations according to counsel) are subject to approval they are not directly accountable for any loss of revenue or 11 wasteful litigation that may result from their own errors. As counsel put it "those people who approve will be responsible also for the consequences". We do not see anything in the FO-5 class standard which states that the incumbents are directly accountable for the consequences of their decisions. In any~event, we find it difficult to accept that because the grievors ' work is subject to approval, they are not directly accountable for the consequences of their I errors. The grievors work very independently. The approval process does not involve a detailed checking of the grievers' work. For example, it is highly unlikely that any error in caiculation will ever be detected through any approval or review process. While management will be ultimately accountable for practically any action taken by the Branch, that does not detract from the fact that the individual investigator will also be directly accountable for his own actions. Exvertise in svecific industries The FO-5 class standard makes reference to the securities industry, mining industry, land development, large multinational corporations and complex multi-national corporations. The evidence is that ~the grievors have no involvement in these'fields. However, a review of the class standard indicates that the references in question are made only by way of illustrating the degree of complexity of the . . IL work involved. In one place the reference to the specific industries is preceded by the words "for example". The other two references to specific industries are qualified by the word "typically" and Vypical" respectively.. In the circumstances, we do not find that knowledge and expertise in these specific fields are essential 'for an incumbent in the FO-5 classification. We have also attempted to fit the grievers' duties to the FO-4 class standard. In most aspects, the grievors fit that class standard equally well. However, there is one significant exception. The thrust of the FO-4 class standard -is the application of the knowledge and expertise in the accounting and auditing field. There is only one passing reference in the FO-4 class standard to "investigative techniques" being one of numerous areas of skill and knowledge required. In contrast, the FO-5 class standard makes explicit reference to "full scale investigation of suspected fraud". There are also explicit statements in the FO-5 standard that the incumbents are required to have specialized knowledge and backgr~ound in an area other than the financial field. When the evidence is reviewed, it is clear that "full scale investigation of suspected fraud" is exactly what the grievors do, in a large number of their assignments. These investigations require two skills: (1) Financial and 13 accounting (2) Investigation. Mr. Cyril Pothier;Manager of Operations at the relevant time, testified that the grievers' positions are unique because they do accounting functions as well as "police work". He testified that the grievers' work breaks down "fifty/fifty" between accounting work and investigation work. This testimony is consistent with the grievers' position specification, which describes the purpose of position as, follows: To conduct detailed investigations and in-depth audits in cases involving possible fraud concerning the evasion of taxes or obtainment.of grants under all statutes administered by the Revenue Division. To participate in the prosecution of cases against violators identified by these investigations and audits. The evidence indicates that. prior to the Special Investigations Branch taking over these investigations, various police forces conducted them. While the police officers performed the investigative aspects or the police work, a firm of forensic accountants was retained to carry out the financial and accounting aspects of the investigation. The grievors perform both aspects. This evidence highlights the importance of the grievors, "police work" such as .interrogating witnesses,, preparing and executing search warrants and summonses, instructing the crown prosecutor and testifying as crown witness. As already noted, Mr. Pothier's own opinion was that the grievers' investigative skill and expertise are as important as their skill and expert,ise in the accounting and financial fields. In our considered view, the FO-4 class standard does not recognize the significance of the grievers' investigative functions, but focuses predominantly on the finance and accounting aspects. On the other hand, the FO-5 class standard captures the dual role of the grievors. This was not an easy case to decide. 'Both class standards require a high level of knowledge and skill from the incumbents. Bo'th involve sensitive work carrying significant responsibility and independence. There is considerable overlap between the two class standards. Yet, when we carried out the task of fitting the griavors' duties and responsibilities to the two class standards in question, the clear best fit was into the FO-5 classification. A further matter needs to be addressed before finally disposing of these grievances. Counsel for the Employer suggested that if the Board found that certain of. the assignments performed by the grievors was work within the higher classification, the appropriate response would be to direct payment of acting pay for those particular assignments under article 6 -Temporary assignments, and not to reclassify the grievers' positions. It was also contended that since some of the evidence related to assignments performed in 1985 or earlier, the Board should not give,weight to that evidence ,15 in upholding the grievance, in the absences of evidence that that type of assignments continued to the 20 day period immediately preceding the filing of the grievances in November, 1986; This Board has recognized that in circumstances where a grievor performs duties in a higher classification on a temporary or irregular basis, the remedy available to the grievor would be a claim for extra pay under article 6 and not reclassification. (Re Larmond, 088?/86, Fisher). However, the evidence before us does not disclose that any -of the assignments ,performed by the present grievors about which testimony. was adduced was seen-by anyone as anything other than their own regular work. If the Employer's position was that these were irregular or.temporary assignments undertaken to meet some contingency, it was incumbent upon the ~Employer to lead some evidence to that effect. In the absence of such evidence, there is no basis for us to conclude that any of the work performed by the grievors was not part of their regular duties. The same holds true for the Employer's second submission on the '8timeliness1' of the evidence.. The Union is not obliged to lead evidence relating to every task performed by every grievor over a period of a number of years. Indeed, the Board would be adverse to receiving that kind of evidence. The 1 16 Union is entitled to lead evidence as to assignments undertaken by the grievors during a period reasonably proximate to the date of the grievance. The Union need not establish that these assignments occurred during the 20 day period immediately preceding the grievance. If it is the Employer's position that a certain assignment was an unusual or irregular one or that the nature of the assignments undertaken by the grievors had changed prior to the filing of the grievances, it is incumbent upon the Employer to establish that. We had no such evidence from the Employer. For the foregoing reasons, the Board has concluded that the grievances succeed'and that the grievors are entitled to be reclassified as FO-5. So as to avoid any doubts, we wish to make the following clarifications: (1) Further to'our ruling noted in this decision, the Employer has.not convinced us that the grievors who testified are not representative of those who did not. The Employer led no evidence to establish that. All we are left with is the evidence of the grievors that from their observations, all of their colleagues did similar work and under similar working conditions. In the circumstances this decision shall apply to each of the grievors in the Alton Group. (2) The Union led evidence from one of the grievors in the Bellamy Group, Mr. Phillip Roberts, to the effect that since he was reclassif,ied as FO-4 (from FO-3) his duties were the same as that d.escribed in the testimony of the grievors in the Alton Group. This witness was not cross-examined by the Employer. Nor was any independent evidence adduced to contradict Mr. Roberts' testimony or to establish that Mr. Roberts. was'not representative of the other grievors in the Bellamy Group; In the circumstances, the grievors in the Bellamy Group who were reclassified was FO-4, are entitled to be further reclassified as FO-5, effective the date when they became reclassified as FO-4. The Employer is directed to comply.with the foregoing directions~ as expeditiously as reasonably possible. This leaves unresolved (a) 'the status of those grievors in the Bellamy Group who were not reclassified as FO-4 and (b) the status of the Bellamy Group of grievors for the period before their reclassification as FO-4 by the Employer. The parties are encouraged to meet and discuss these matters with a view to an amicable resolution. 18 . The Board remains seized with both groups of grievances in the event the parties encounter difficulty in implementing the terms of this decision. Dated this 4thday,ofJu ,lY 1990 at Hamilton, Ontario Nimal V. Dissanayake Vice-Chairperson -1. Thomson, Member CLASS STANDARD: 20207 I. ~xmw.2~~ OFFICER 4 (B.~RGAINING UNIT) This class covers senior working level positions of employees who work unde: minimal supervision being guided largely by statutory requirements and broad procedural rules. They either provide project leadership and training to other employees or provide management with technical advice and guidance having a significant impact on the cperation of a unit. These employees exercise a high degree of initiative and judgement in matters such as researching, analysing and resolving complex finan- cial problems, in,providing advice to management on the use of financial resources. assisting in the preparation of court cases, appearing in court as exper- + witness and acting as project leader as required. These employees are accountable for the technical guidance given to junior staff and for the provision of sound advice and recommenda- tions in areas ha:pfnc a direct impact on policy and program operations; for esam?le, in deve&ing financial policy evaluation criteria, in develcping and i.molerr.an3ng remedial action to resolve problems and in making decisions laa2ing to the laying of charges. Errors could result in significant financial loss 0: cperational difficulty. Conta& are rir?z proq.r& managers and senior executives to report :on sjerial situations;~to obtain co-operation, give advfce on-the- I :. . . . resshtfon of a;coi;nting problems and assist in developing~plans and estimates. External contacts are with senior officials in other levels of government or industry, and members of the public, ta request or supply information, to seek evidence or to reach agreement on details of cost-sharing arrangements. Employees require excellent knowledge and skill in general accounting methods as related to the work of the particular organizational unit including, where applicable, auditing, planning, analytical and investigative techniques, plus knowledge of related legislation. ~Exten- sive practical knowledge in a+~s of work, such as audit, financial planning and cash forecasting. Organizational skills, creativity, initiative to carry out in-depth research, preparation of cases for prosecution and presenting expert testfmonj, are some of the typical requirements. Also respired are the abilities to communicate effectively, develop or interpret policy and deal with or secure co-oparatlon from senior officials. FIYAXCIAL OFFICER 4 (B/U) Typical assignments at this level are as follo?<s: - provide guidance and training to other auditing staff involved in the external audit of very large and complex financial institutions and insurance companies requiring a team approach; the audits require discussions with senior company officials regarding operating policies and proce- dures and the evaluation of company management and new lines of business. Prepare detailed reports outlining unsatisZactory practices, statutory infractions, etc., ,and assist in the preparation of court cases, for example, in cases relating to tax avoidance: - examine documents pertaining to grants, lncludfng capital projects to determine if funds are properly expended and allocated, resolving questionable items and calculating amount of grant which can be justified. Provide advice to program managers on developing and r,evising graaz budgets and to ministry clients on preparing anf xncging financial and statistical data required for grant applications. - analyze acco~z;r.:xg systems, financial.policies and admin- istrative practices within the ministry and in outside egencies ir. or?er to improve operations by developing , .~ -... _-.. .,+ ~.:. .more..Pff.ec~i~;e end.economic.methods and procedures,. .Act- .~. .: .._. 2s~ j-;ij; o= &;&,y : .' ‘-f&j& "ii; .~<y~.gkL&ting changej'.'a&d .:: . . ...' '. liaise with systems personnel on developments in the compute: program. Assist in drafting proposals and the preparation oL L financial studies and submissions. . ! FIN&VCI)\L OFFICE2 5 (3MGAININC UNIT) This class covers senior positions oE employees who, in addition to expertise in the financial Eield, have responsibilities requiring specialized knowledge of other areas. mployees work under general direction usually receiving guidance on matters of policy only. They may work independently or as the financial member of an inter-disciplinary team. Employees at this level carry out duties requiring flexibllfty of approach and the use of highly developed judgement and initiative, for example, when reaching decisions on.a recommended course of action afterweighing evidence and considering possible implications, in matters such as the development potential of lands or the full scale icvesiigation of suspected fraud. These employees are accountable for determining the depth and scope oi assignments, for example, the :csources necessary and me:hod; to be employed in investigating unusual or suspicious trading activi- ties in the securities mrrket, or for co-ordhating assessment pro- jects~ and da:ermining the f:tal tax liabilities of large multi- nztional cor~~cra~ions. T--T-- could result in unfavourable decisions ---v-3 in cot?:'; cafes, suhtant~al loss 0E tax revenues 0: costly litigation. Contacts are wish sen~oz management in own or other ministries to ;:rsvice at.vLce. an< recczraonl ations and to discuss needs .and the resolu- :ion of ;rcbLems. S;<+-=rp.al _ ,__ r - .~ ., -,.. - - c.zgtac,t.s,..a.re vith..swlor munlcipa:. federal ~.~.., . . . . . .a% cor;crate orficia,s or t:heir representatives, to~erchange intorma- tlcn, nezctiate contrscts and financial arrangements and interpret *poolicy. -They may alsc orovliCe technical or project leadership to ot!!er oEi;ce:s. im?loyees require excellent practical skills and know?e:',ge in the ac:cunting field and also an extensive background in an area of v0r.k related to the garticu+ assignments for which,they ara resonsijle. Pipfcally, positions at this level rsqui:e com?rehensLve kncwlrdge of accounting practices used in the mining industry, land development or the securities industry. Also required are highly develo_oed analytical and communicative skills, plus above average planning and administrative capabilities. . ?Gical assiqhmenks at this level are as follows: -:31an, co-ordinaze and carry out investigations into highly sopnrstic.ated financiamnsactions, sometimes designed to . OOSCUre ,s'saudulent~p~,ratidns of individuals and companies enwged in s3eciallzed t.fpes-of business activity, such as trading in the securities market; or&-ordinate and d1sec.t zJdits.of complex multi-national m!.ning corporaticns to ensure collection of the full amount of tax revenues. ?:ovLde expert technical advice in the preparation of court cases and aWear .s.s the Crown witness at court hearings. *, *FtNANCIAL 0FFICk.R 5 (S/Ub - carry out financial analyses in order to identify development . potential for different parcels of land and formulate appropriate financial strategies and plans, identifying possible contentious issues by evaluating aqre'ements, mortgages, etc., and reccknendinq solutions to the problems; analyre and cost land service require- ments and prepare reports with respect to the impact on budgets and long-t&a-financial planning. d i, . 3 1. Conducts detailed investigations and audits of cases where fraud is suspected involving the cvaslon of taxes or in obtaining grants under the statutes administered by the Revenue Division by performing such duties as: - analyring and evaluating the details of inltlal cases referred for attention LO detenn‘ne If sufficient evidence IS present to show reason for further 1""esriyari"e action; - derennining the appropriate action ~to be undertaken lncludlng the ldentificarion 0% of are.35 requiring thorough investigation, records and materials to be audited, related statutes and precedents to be researched, and nature of resources required; - carrying out thorough interviers and interrogations of suspected violators, as well as their legal and accounting representatives to identify and Isolate leads and discrcpancles; - conducting a thoro"gh investigative examination and audit of all records relating to the case to determine if they reflect a" accurate description of the com,,any's or Individual's activities; determining if materials are being withheld, misrepresented or altered; exploring leads discovered during the investigation and audit; following up on suspicious records and behaviour; - determining if clrcmstances warrant the seizure of records and books: obtaining ~lcgal authority and coordinating any search and seizure activities, ensuring proper custody, control and identification of seized records; I - presenting conclusions and results of alldirs and investigations in concise I reports; developing recomnendations for further action; - maintaining an .%e.reness of current practices used to cloak attempts to mislead or. defraud by reviewing recent cases from re,,ort~, judgments, etc.; cont'd.....IZ SKILLS AND WOWLEDGE REOUIRED TO PERFORM WL WORKIlr.rl IWCIIIOL m.l*lrG~si.tmll*Cf r7c.i 'roven ability and experience In professional level auditing wIthIn a wide variety of iccountlng and business systems. Previous investigative experience; knowledge of court rocedures and evidentlary requirements; strong c~rmunicatlon skills, tact and good g ud ement. CIC~IAT,I.CC , -2- 3. !XRWWY DF DUTIES AND fCJVNSIBILITIES (cont’d) - suggesting or developing E.D.P. applications for use in investigations and analysis. - providing on-the-job training and technical guidance to. auditors from operating branches who may be assisting with the audit of records; - using the facilities and the capabilities of micro-computers to expedite’ and enhance the investigations; 2. Participates in the prosecution of cases of violators who have been identied through these.investigations and audits by performing such tasks as:. - ensuring sufficient evidence has been accumulated to meet requirements for a successful prosecution; - recommending to legal staff the laying of appropriate charges based on evidence gathered during investigation; 20% - participating in the prosecution of violators, assisting counsel with preparation and presentation of evidence, including the drafting of charges and appearing as an expert witness. 4. SKILLS AND KNOWLEDGE REQUIRED TO PERFORK THE iORK (cont’d) - knowledge of E.D.P. Systems, micro-computers and thei.r operating systems; - knowledge of micro-computer applications/software packages. 9.x R”I%lUC L Cr.nf. ,, KInq *t. Y., ash.rs PI~!;ltIoll BpecLfIcatJ Payc 2 DUTIXS XKD XELATXD TASXS (Continued) - providing on-the-job training, end technical guidance to auditors from operating branc’ rho my be assisting with the audit of records; - using the facllttfas and the capabflftles of micro-computers to expedite and enhance investigation*8 2. Participates in the prosecution of cases of violators who have ken identified through these inveetigationr and audits by performing q uch tasks es: - ensuring 8ufficisnt evidence has been accumulated to meet requirements for a successf prosecution, - recormncnding to legal staff and laying of eppropriate charges based on evidence gathe during investigation; 20% - participating in the prosecution of violators, assisting counsel with preparation and presentation of evidence, including the drafting of charges and appearing as an exper ritncsa. - knowledge of X.D.P. Systems, micro-computers and their operating systems; - knowledge of micro-ccmputar applications/software packages. /OA16