INTERIOR/DOI-74, Grievance Records

64 FR 19381 (April 20, 1999); Modification published 73 FR 8342 (February 13, 2008) and 86 FR 50156 (September 7, 2021)
============================================================================================================
 
DEPARTMENT OF THE INTERIOR
 
Office of the Secretary
 
Privacy Act of 1974; As Amended; Revisions to an Existing System of Records
 
AGENCY:  Office of the Secretary, Department of the Interior.
 
ACTION:  Proposed revisions to an existing system of records.
---------------------------------------------------------------------------------------------------------------------------------------------------------------
SUMMARY:  In accordance with the Privacy Act of 1974, as amended (5 U.S.C. 552a), the Office of the Secretary is issuing public notice of its intent to modify an existing Privacy Act system of records notice, OS-74, “Grievance Records.” The revisions will update the number of the system, the authority statement and the addresses of the system locations and system managers.
 
EFFECTIVE DATE:  These actions will be effective on April 20, 1999.
 
FOR FURTHER INFORMATION CONTACT:  Director, Office of Personnel Policy, U.S. Department of the Interior, 1849 C Street NW, MS-5221 MIB, Washington, DC 20240.
 
SUPPLEMENTARY INFORMATION:  The Department of the Interior is proposing to amend the system notice for OS-74, “Grievance Records,” to update the number of the system to more accurately reflect its Department-wide scope, the authority for maintenance of the system statement and the addresses of the system locations and system managers to reflect changes that have occurred since the notice was last published. Accordingly, the Department of the Interior proposes to amend the “Grievance Records,” OS-74, system notice in its entirety to read as follows:
 
Sue Ellen Sloca,
Office of the Secretary Privacy Act Officer, National Business Center.
 
INTERIOR/DOI-74
 
SYSTEM NAME:
Grievance Records--Interior, DOI-74.
 
SYSTEM LOCATION:
  • (1) Departmental office: Office of Personnel Policy, U.S. Department of the Interior, 1849 C Street NW, MS-5221 MIB, Washington, DC 20240.
  • (2) Bureau personnel offices:
    • (a) Bureau of Indian Affairs, Division of Personnel Management, 1951 Constitution Avenue NW, Washington, DC 20245.
    • (b) U.S. Geological Survey, National Center, 12201 Sunrise Valley Drive, Reston, VA 22092.
    • (c) U.S. Fish and Wildlife Service, Division of Personnel Management and Organization, 1849 C Street NW, Washington, DC 20240.
    • (d) Bureau of Reclamation, PO Box 25001, Denver, CO 80225.
    • (e) Bureau of Land Management, Division of Personnel (530), 1849 C Street NW, Washington, DC 20240.
    • (f) National Park Service, Division of Personnel, Branch of Labor Management Relations, 1849 C Street NW, Washington, DC 20240.
    • (g) Minerals Management Service, Personnel Division, 1110 Herndon Parkway, Herndon, VA 22070.
    • (h) Office of Surface Mining, Division of Personnel, 1951 Constitution Avenue NW, Washington, DC 20245.
  • (3) Administrative components of the offices (within the bureaus listed above) in which the grievances were filed.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Departmental employees filing grievances in accordance with 370 DM 771.
 
CATEGORIES OF RECORDS IN THE SYSTEM:
All documents related to internal grievances filed with any part of the Department, including, but not limited to: Statements of witnesses, reports of interviews and hearings, examiners’ findings and recommendations, correspondence and exhibits, and (a copy of) the original and final decisions on the grievances filed.
 
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 1302, 3301, 3302; E.O. 10577; 3 CFR 1958 Comp. p. 218.
 
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES:
The primary purpose of the system is to adjudicate internal grievances.  Disclosures outside the Department of the Interior may be made:
  • (1)  To appropriate Federal, State, local or foreign agencies responsible for investigating or prosecuting the violation of or for enforcing or implementing a statute, rule, regulation, order or license, when the disclosing agency becomes aware of a violation or potential violation of a statute, rule, regulation, order or license.
  • (2)  To any individual (in the course of processing a grievance) from whom the agency is seeking information relevant to the adjudication of the grievance, to the extent necessary to inform the individual of the purpose of the request for information and to identify the type of information requested.
  • (3)  To a Federal agency which has requested information relevant or necessary to the hiring or retention of an employee, the conducting of a security clearance or suitability investigation, the classifying of a job, the letting of a contract, or the issuing of a license, grant or other benefit, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter.
  • (4)  To a congressional office in response to an inquiry an individual has made to the congressional office.
  • (5)  To the U.S. Department of Justice or in a proceeding before a court or adjudicative body with jurisdiction when (a) the United States, the Department of the Interior, a component of the Department, or, when represented by the government, an employee of the Department is a party to litigation or anticipated litigation or has an interest in such litigation, and (b) the Department of the Interior determines that the disclosure is relevant or necessary to the litigation and is compatible with the purpose for which the records were compiled.
  • (6)  To the National Archives and Records Administration for records management inspections conducted under authority of 44 U.S.C. 2904 and 2908.
  • (7)  To any individual in the form of summary descriptive statistics and analytical studies in support of the function for which the records are collected and maintained, or for related work force studies. (Note: While published statistics and studies do not contain individual identifiers, in some instances the selection of elements of data included in the study may be structured in such a way as to make the data individuality identifiable by inference.)
  • (8)  To the Office of Personnel Management, the Merit Systems Protection Board (and its Office of the Special Counsel), the Federal Labor Relations Authority (and its General Counsel), or the Equal Employment Opportunity Commission when requested in performance of their authorized functions.
  • (9)  To officials of labor organizations recognized under the Civil Service Reform Act when relevant and necessary to allow them to perform their duties of exclusive representation concerning personnel policies, practices, and matters affecting work conditions.
  • (10)  To appropriate agencies, entities, and persons when:
    • (a)  It is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised; and
    • (b)  The Department has determined that as a result of the suspected or confirmed compromise, there is a risk of harm to economic or property interest, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Department or another agency or entity) that rely upon the compromised information; and
    • (c)  The disclosure is made to such agencies, entities and persons who are reasonably necessary to assist in connection with the Department’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. 
  • (11) To another Federal agency or Federal entity, when DOI determines that information from this system of records is reasonably necessary to assist the recipient agency or entity in:
    • (a) Responding to a suspected or confirmed breach; or
    • (b) Preventing, minimizing, or remedying the risk of harm to individuals, the recipient agency or entity (including its information systems, programs, and operations), the Federal Government, or national security, resulting from a suspected or confirmed breach.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM:
 
STORAGE:
Records are maintained in file folders.
 
RETRIEVABILITY:
Records are retrieved by the names of individuals filing internal grievances.
 
SAFEGUARDS:
Access to records is limited to authorized personnel. Record are maintained in locked metal filing cabinets.
 
RETENTION AND DISPOSAL:
Records compiled under 370 DM 771 are destroyed 3 years after the date of final closing of the case. Records compiled under a negotiated procedure are disposed of in accordance with approved records schedules.
 
SYSTEM MANAGER(S) AND ADDRESS:
  • (1) Departmental office: Director, Office of Personnel Policy, U.S. Department of the Interior, 1849 C Street NW, MS-5221 MIB, Washington, DC 20240.
  • (2) Bureau personnel offices:
    • (a) Director of Administration, Bureau of Indian Affairs, Division of Personnel Management, 1951 Constitution Avenue NW, Washington, DC 20245.
    • (b) Personnel Officer, U.S. Geological Survey, National Center, 12201 Sunrise Valley Drive, Reston, VA 22092.
    • (c) Personnel Officer, U.S. Fish and Wildlife Service, Division of Personnel Management and Organization, 1849 C Street NW, Washington, DC 20240.
    • (d) Labor Relations Officer, Bureau of Reclamation, PO Box 25001, Denver, CO 80225.
    • (e) Personnel Officer, Bureau of Land Management, Division of Personnel (530), 1849 C Street NW, Washington, DC 20240.
    • (f) Personnel Officer, National Park Service, Division of Personnel, Branch of Labor Management Relations, 1849 C Street NW, Washington, DC 20240.
    • (g) Personnel Officer, Minerals Management Service, Personnel Division, 1110 Herndon Parkway, Herndon, VA 22070.
    • (h) Personnel Officer, Office of Surface Mining, Division of Personnel, 1951 Constitution Avenue NW, Washington, DC 20245.
  • (3) Administrative officers of the offices (within the bureaus listed above) in which the grievances were filed. (Contact the appropriate bureau system manager to obtain the address of the office system manager.)
NOTIFICATION PROCEDURES:
Individuals filing grievances with the Department are given a copy of their records as a part of the official grievance process. If, however, at any later time an individual also wishes to request notification of the existence of records on him or her, he or she should address his or her request to the appropriate System Manager. The request must be in writing, signed by the requestor, and contain the following information: name and birth date of requestor, approximate date of closing of the case, type of action taken, and agency component involved. (See 43 CFR 2.60.)
 
RECORD ACCESS PROCEDURES:
Individuals filing grievances with the Department are given a copy of their records as a part of the official grievance process. If, however, at any later time an individual also wishes to request a copy of records maintained on him or her, he or she should address his or her request to the appropriate System Manager. The request must be in writing, signed by the requestor, and contain the following information: name and birth date of requestor, approximate date of closing of the case, type of action taken, and agency component involved. (See 43 CFR 2.63.)
 
CONTESTING RECORD PROCEDURES:
If an individual who has filed a grievance with the Department wishes to request amendment of his/her records, to correct factual errors, he or she should address his or her request to the appropriate System Manager. The request must be in writing, signed by the requestor, and contain the following information: name and birth date of requestor, approximate date of closing of the case, type of action taken, and agency component involved. (See 43 CFR 2.71.)
 
Note: Review of requests from individuals seeking amendment of their records which have been the subject of a judicial or quasi-judicial action will be limited in scope. Review of these requests will be restricted to determining if the record accurately documents the action of the agency ruling on the case and will not include a review of the merits of the action, determination, or finding.
 
RECORD SOURCE CATEGORIES:
Individuals filing grievances, witnesses providing testimony, organizations or persons providing information via correspondence, agency officials, and grievance examiners and/or arbitrators.
 
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.

Was this page helpful?

Please provide a comment