Job Specification

Purpose :

To lead the review and investigation of complex, multi-tiered allegations of employee misconduct that fall within the mandate of professional standards and the Ethics Framework as defined by the Public Service of Ontario Act and Conflict of Interest rules and provide advice on protecting the integrity of the investigation and provides reports to ministry executives on findings.

To lead the development of investigative tools / techniques /processes; develop and recommend detection procedures and techniques that proactively identify and deter areas of possible fraudulent activity and violations of OPS policies, procedures and directives.

Key Responsibilities :

1. Leads the investigation, review and analysis of employee misconduct and allegations of wrongdoing including allegations of threats of reprisal against personnel intending to make, or having made, such allegations.

2. Leads the development of investigation plans to gather evidence and identifies constraints, limitations and any potential issues during the course of the investigation and briefs manager on the plan/scope of case.

3. Leads the conduct of investigations including interviews with complainant(s), respondent(s) of the allegation and any other party to gather documentary evidence required for analysis and decision-making by manager. Conducts follow-up interviews as necessary, where further clarity or additional information may be required.


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4. In consultation with HR/labour relations, provides advice, guidance, recommendations and direction to management on temporary measures (such as separating individuals, securing of evidence, preventing destruction/deletion of evidence, and restricting access to areas or data bases) pending the outcome of investigations.
5. Leads the dentification, interpretation and analysis of complex legal, technical, financial and policy issues in the course of investigations, and consults with legal counsel and other stakeholders to collaborate in the further assessment and analysis of the allegation to determine if case should be referred to law enforcement for investigation and coordinates investigations with law enforcement organizations.
6. Proposes revisions in policy guidelines and instruments to govern the conduct of investigations.

7. Writes investigation reports summarizing facts gathered on reliable and objective rules of evidence, and documents conclusions for discussion with manager and legal counsel.

8. Leads the conduct of training, orientation sessions and workshops for various ministry employees, managers, and other stakeholders pertaining to all aspects of the process from filing, through case management, investigation, reporting and follow-up.

9. Provides input to the complaints tracking system and, supports the manager in the preparation of reports on ongoing allegations files for executives.

Qualifications :

N/A

Factors :

Knowledge :

Government legislation, including the Public Service of Ontario Act, directives and guidelines and functional areas including Ontario Internal Audit Division, to identify points of law and constraints relative to the collection of evidence that may exceed the allowable limits of the relevant Acts and regulations; to understand the implications of the various legislative mandates that both permit the investigations to take place or which limit access to particular data that can be sought or included in the investigation reports; to understand and define the range of potential issues of wrongdoing under the Acts; to make recommendations on the access to documents requested pursuant to all applicable legislation such as the Freedom of Information and Protection of Privacy Act (FIPPA); and to ensure that work carried out complies with these Acts and Regulations.

Ministry mandate, roles and responsibilities, internal partners that have a mandate to investigate or assist employees, to structure and implement a variety of investigations consistent with legislation and policies; to refer employees to the appropriate authority to assess and investigate their complaints when they are not within internal mandate; and to determine whether complex legal/policy issues are emerging, and seek further direction.

Programs of agencies/organizations (such as the Office of the Integrity Commissioner of
Ontario, the Information and Privacy Commissioner of Ontario, Ontario Human Rights Commission, the Auditor General) and the respective bargaining agent to assess whether a more appropriate channel for review and resolution may be available not to overstep or impede organizational boundaries.

Theories, principles and methods of investigation to lead the investigation and review of allegations of wrongdoing, conflict of interest and other applicable matters under the Public Service of Ontario Act within the ministry, in accordance with the principles of natural justice, rules of evidence and procedural fairness; to interview and gain cooperation of involved parties to gather pertinent facts and evidence; to cross-validate information gathered from interviews and documented evidence.

Trends and developments in criminal and administrative law jurisprudence relating to surveillance, searches, privacy issues and individual rights in conducting investigations; central agency policies, instructions and guidelines related to investigation and rulings from other tribunals.

Principles and practices of conflict and dispute resolution to identify sources of conflict to effectively manage them as they arise in the investigation process.

Principles of research and analysis to lead investigations using a wide variety of research tools to gather documentary and digital evidence, to identify and determine information of pertinence and significance to the case and to analyze findings.

Oral and written communication skills to produce and present complex analytical findings and logical, unambiguous and impartial conclusions to facilitate legal, judicial and official levels of review and understanding; to ensure that verbal explanations of the processes are clear to complainants, witnesses and respondents of disclosures; and to gain trust and cooperation of all involved parties.

Complaints tracking systems to input required data and information to produce required statistics on allegations, findings and reports.

Program Responsibility :

Responsible for providing strategic advice and supports to ministry ethics executives and senior management in the area of internal investigations.

Leads the provision of investigation expertise, training and consultative advice to colleagues and clients on policy and legislative requirements.

Responsible for the quality of investigation analysis provided to client groups and for the recommendations for the management of investigations.

Ensures compliance with relevant legislative and regulatory obligations, ensures evidence in investigation findings and conclusions which can withstand third party scrutiny.

Analytical Thinking :

Identifies, assesses, develops, monitors and evaluates overall business impacts and risk management strategies associated with the investigation of complex, multi-tiered investigation of employee wrongdoing.

Researches, reviews and analyzes various human resources/labour relations issues, trends, problems, systemic issues and policy/process concerns. Addresses operational/policy implications for unit's work collaborating with human resources/labour relations to formulate solutions and approaches to management.

Takes into account sensitive political situations and develops appropriate responses for clients.

Leads the analysis of client operations/business, human resource and labour relations implications as well as possible impacts for finance, information systems, internal audit and other areas of ministry programs and services. Analyzes applicable central agency requirements ensuring clients and service providers understand and respect the complexities/intricacies involved in developing solutions/strategies that harmonize multiple interests and mandates.

Identifies and assesses ministry business requirements or complex and/or contentious strategic, policy and business issues and advises senior executives on best practices. Identifies and develops/consults on responses, options and solutions.

Planning / Coordinating :

Leads the development of plans and strategies for the investigation of complex, multi-tiered allegations of misconduct in a business context having organizational impact on the ministry/enterprise; determines the availability, relevance and sources of information pertinent to cases.

Leadership/Guidance :

Provides technical guidance and support to junior staff and oversees their work.
Provides expertise and advice to senior management on investigation related matters

Independence of Action :

Work is performed independently within the framework of relevant OPS policies, processes and guidelines, collective agreements, legislative authorities and best practices related to investigation.

Works directly with ministry clients to engage as a strategic business partner and offer consultative advice taking into account best practices and legislation.

Consults with corporate policy/labour relations specialists to discuss and develop solutions to issues. Brings forward contentious issues to management team with recommendations for resolution.

Interpersonal/Communication :

Consultative, interpersonal and verbal communication skills to develop and maintain effective business partnerships and communication lines with senior executives, legal counsel and to advise them on complex/contentious investigations.

Develops and presents a range of reports, recommendations, briefing materials, research and analysis to clients and internal partners; consults and advises executive clients on a range of issues in the investigation process.

Discusses and addresses difficult/contentious ministry issues, assesses business needs for service/support, develops and present solutions, strategies or methodologies with senior management.

Shares information and subject matter expertise with key internal partners.

Discusses investigations, reports/correspondence and consults on proposed management action with legal counsel. Manages/facilitates information exchanges, discussions in difficult and sometimes emotionally charged situations.

Responds to compliance issues, clarifies information, obtains or provides information, including consultation on technical, administrative and legal aspects of programs. Develops procedures, briefing notes, reports and educational materials.

Consults with other agencies, jurisdictions, and experts in the field to gather intelligence; to initiate, influence or suggest alterations to program, processes; to discuss common issues, educational programs and to obtain or provide Information.

Communicates with union representatives and/or employee's legal counsel to discuss specific cases and provide information.

Works with service providers to ensure compliance with project terms and assess soundness of conclusions.

Physical Effort :

Majority of time is spent in an office environment with frequent opportunity to move about.

Sensory Effort :

Requires active listening skills in order to understand the full extent of issues, concentration to analyze issues and the ability to multitask and deal with repeated interruptions for urgent requests for information.

Working Conditions :

Work is performed in a typical office environment. Work involves exposure to emotionally charged situations and interactions where individuals may be confused, depressed, upset or irate.