New IG Memo Finds HR Deficiencies at DOJ

The Department of Justice (DOJ) Office of the Inspector General (OIG) issued a management advisory memorandum to leaders at the Justice Management Division (JMD) identifying a number of concerns with human resources policies and data. The memo notes several continued deficiencies initially identified in DOJ OIG’s October 2020 report on enhancing human capital titled “Top Management and Performance Challenges Facing the Department of Justice 2020.”

As noted in the 2020 report, DOJ has faced trouble hiring and retaining talent in the past several years. For example, the Bureau of Prisons faced a 16 percent vacancy rate for correctional officers as of June 2020. The report also cited the DOJ’s struggles to recruit and retain cyber investigators and attorneys.

According to the memo, “Our review found that Human Resources (HR) Order - DOJ 1200.1 (DOJ Order 1200.1), which is intended to provide the Department’s mandatory HR policy, is missing pertinent HR guidance and contains information that is inconsistent with relevant regulations and Office of Personnel Management (OPM) guidance. Further, the Department has not fulfilled its internal requirement to review and update its HR policies every 5 years, which has resulted in significantly dated, and at times inaccurate, Department-wide policies.”

The memo noted multiple inconsistencies between Office of Personnel Management (OPM) directives and DOJ HR policies. Many HR policies at DOJ have also not been permanently updated for decades. These policies include a 1984 guidance on merit promotion plans and a 1991 directive on leave administration.

The IG memo concluded, “Establishing complete and current HR policies at the department-level is the first step to ensuring that components comply with legal requirements and take full advantage of the human capital management tools available to them to compete for highly qualified individuals who can fulfill the DOJ mission.”

The memo includes several recommendations the Justice Management Division can initiate to improve human capital policy.

The recommendations are that JMD should:

1.       Conduct a review to identify all areas where DOJ policies do not reflect current regulations and OPM guidance and requirements, and establish a plan of action that includes a timeline for addressing the identified deficiencies and gaps in department policy.

2.       Ensure that it regularly monitors and updates the department’s HR policies, to include:

(a)    converting interim policy to permanent policy within 1 year, as applicable; and

(b)    deconflicting policies that contradict or supersede other policies.

3.       Evaluate its process for reviewing and updating the department’s HR policies every 5 years to determine if more frequent periodic reviews may be necessary.

4.       Prioritize its efforts to consolidate the department’s HR policies in a centralized location accessible to components, and incorporate the relevant policies into DOJ Order 1200.1, as appropriate.

In the DOJ JMD responses accompanying the memo, JMD Director Shawn Flinn expressed agreement with the recommendations from the OIG. Flinn noted that the office has already taken steps to address the recommendations and cites resource limitation as preventing HR staff from effectively updating policies. Flinn also noted the memo “does not address the numerous ways JMD HR provides extensive service and assistance to its customers across the Department.”

Flinn goes on to explain, “JMD HR has maintained regular communications with components - both those with delegated HR authority as well as components that are JMD's direct customers and rely on timely and accurate human capital management services. This takes place through several mechanisms, including regular/periodic meetings with component HR managers and representatives, check-ins with customers, and active presence at weekly and monthly all-component meetings/conference calls. JMD fully embraces the importance of maintaining updated online policies and guidance and is actively pursuing the necessary resources to meet this crucial need.”

In response to the JMD response to the memo, the OIG included its analysis of JMD’s response and determined that, based on JMD’s agreement with and implementation of the recommendations, the recommendations are resolved.