Privacy Act Systems - DOL/ESA-32
ESA, Employee Conduct Investigations.
The Employment Standards Administration National Office.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Subjects of complaints and/or investigations covered under the authority delegated to the Branch of Management Review and Internal Control.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name, organization and other information relating to the individual involved. It also contains investigative report(s) associated with the case, including interviews and other confidential data gathered.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
To investigate allegations of misconduct.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:
None, except for those universal routine uses listed in the General Prefatory Statement to this document.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ASSESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:
The records are stored in file folders in metal cabinets.
By name of the subject of the complaint or the case file number.
The files are maintained in locked file cabinets with access only to those with a need to know the information to perform their duties.
RETENTION AND DISPOSAL:
Records are retained for four years following the date either: (a) They are referred to the OIG; (b) they are transferred to OPM/GOVT-3 Records of Adverse Actions and Actions Based on Unacceptable Performance; or (c) it is determined that the allegation was without sufficient merit to warrant further action, after which they are destroyed by burning.
SYSTEM MANAGER(S) AND ADDRESS:
Branch of Management Review and Internal Management Control, 200 Constitution Ave., NW, Room N-4414, Washington, DC 20210.
Inquires should be mailed or presented to the system manager noted at the address noted above.
RECORD ACCESS PROCEDURE:
A request for access shall be addressed to the system manager at the address listed above. Individuals must furnish the following information for their records to be located and identified: Name; approximate date of the investigation; and individuals requesting access must also comply with the Privacy Act regulations regarding verification of identity to records at 29 CFR 71.2.
CONTESTING RECORD PROCEDURES:
A petition for amendment shall be addressed to the System Manager and must meet the requirements of 29 CFR 71.2.
RECORD SOURCE CATEGORIES:
Hotline complaints through the Office of the Inspector General's hotline; hotline complaints through the General Accounting Office's hotline system, personnel records; incident reports submitted by other employees; investigative reports, and individuals.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
In accordance with 5 U.S.C. 552a(k)(2), investigatory material in this system of records compiled for law enforcement purposes is exempt from subsections (c)(3); (d); (e)(1); (e)(4)(G), (H), and (I); and (f) of 5 U.S.C. 552a, provided however, that if any individual is denied any right, privilege, or benefit that he or she would otherwise be entitled to by Federal law, or for which he or she would otherwise be eligible, as a result of the maintenance of these records, such material shall be provided to the individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or prior to January 1, 1975, under an implied promise that the identity of the source would be held in confidence.