Presented By: LtCol McCann IGMC Tasking 1 August 2018 Presented By: LtCol McCann POC: K. L. McCann (703) 604-4515 1

Enabling Learning Objectives With the aid of references, students will list the four ways in which IGMC will task CIGs, and the required response for each type of tasking With the aid of references, students will provide the rationale for entering all case personnel, to include subjects, in CMS, and the importance of proper case classification (assistance or investigation) With the aid of references, students will describe Emergent Allegations and how to properly handle them With the aid of references, students will describe how to handle compound (Command and IG matters) cases With the aid of references, students will understand when a Legal Sufficiency Review (LSR) is necessary and determine whether the LSR they receive is sufficient With the aid of references, students will explain how to properly handle Anonymous and 3d Party Complaints

How does IGMC Task CIGs? Read and Initial 17-01 Outlines IGMC Tasking 11/13/2018 Read and Initial 17-01 Outlines IGMC Tasking IGMC tasks the CIG in 4 ways: IG Action IG Info Command Action Command Info Compliance with Director, A&I Read and Initial 17-01 is mandated by para 3a(2)(d)7 of 5430.1 17-01 will be incorporated in the new Marine Corps HOTLINE ORDER

The investigation is tasked and conducted under IG Authorities -- IG Action 11/13/2018 IG Action IG Info Command Action Command Info If there is a credible allegation of FWA/M, IGMC will task via IG Action IGMC will provide the allegation(s); this serves as your Directing Authority CIG will make all notifications CIG will complete HCR CIG will obtain LSR from the SJA The CIG will immediately notify IGMC If the Investigating CIG/TAIG identifies any emergent allegations The CIG will supervise/conduct the investigation The investigation is tasked and conducted under IG Authorities -- IT IS NOT A JAGMAN

IG Info 11/13/2018 IG Action IG Info Command Action Command Info If there is an allegation of FWA/M but not enough information to frame an allegation, IGMC will task via IG Info IGMC will refer via an IG INFORMATION Letter Letter may include specific questions to answer Assigned to the CIG for answer (not the commander) CIG will determine appropriate way to address the matter If the CIG conducts an Inquiry or provides Assistance, the CIG will provide a RRL to IGMC detailing what actions the CIG took If the CIG requests assistance from the command, and the CO convenes a PI or CI, that is an IG INVESTIGATION and must be conducted under IG authorities, not the JAGMAN

IG Info If the CIG conducts an Investigation, proceed as if IG Action 11/13/2018 IG Action IG Info Command Action Command Info If the CIG conducts an Investigation, proceed as if IG Action The CIG must have gathered enough information to form a proper allegation before investigating If the CIG is going to investigate anything not mentioned in the Tasking Letter, the CIG must notify/coordinate with IGMC before commencing The SJA must review LSR for an Investigation Concurrence if no investigation

Command Action 11/13/2018 IG Action IG Info Command Action Command Info When a command issue is the subject of a complaint to the DoD IG, the CIG will be assigned a Command Action referral Command Actions referrals require the CIG to produce an HCR, not an RRL Command Action cases are Assistance cases in CMS No Subjects or Allegations are entered in CMS

Command Info 11/13/2018 IG Action IG Info Command Action Command Info Issues reported to an IG that warrant command attention, and matters that are the responsibility of the commander, will be tasked as Command Info If the Commander Investigates, the investigation is under JAGMAN authorities. It is NOT an IG Investigation. The Command will respond to the CIG and the CIG will provide IGMC with a Referral Response The RRL will detail any actions the command took Command products/any investigations are enclosures to the RRL The RRL will annotate any corrective action taken

What if the Issues are Mixed? 11/13/2018 When IGMC receives a complaint that contains both COMMAND and IG matters: IGMC will send the CIG one letter with both command and IG issues broken out The CIG will assign the command issues to the command The CIG will address the IG issues If the CIG INVESTIGATES the IG matters, the CIG will provide a HCR. In the Scope section of the HCR, the CIG will address the command issues sent to the command and provide the command’s response as an enclosure to the HCR. e.g.: The Commander, XX Regiment was tasked to respond to the issue/issues of (command matter(s)). The commands action and response are included at enclosure Y. If the CIG does NOT investigate, the Referral Response back to IGMC will address all issues, command and IG, in one Referral Response Letter.

Emergent Allegations 11/13/2018 An Emerging Allegation is when an IG conducting an IG inquiry or investigation discovers information that leads to a new allegation, or discovers information that allows an issue to become an allegation. If IGMC tasked the matter to the CIG, the CIG will immediately contact IGMC for coordination If the investigation or inquiry was a local complaint, the CIG must consult with the SJA to craft a proper allegation If the emergent allegation is outside of the scope of the Directing Authority, the CIG must obtain approval from the Directing Authority to investigate the allegation BEST PRACTICE: Craft a Directing Authority for your CG to sign that provides sufficient detail to direct the investigation, but enough leeway to handle emergent allegations (up to the CG to determine how big of a box she/he gives the CIG)

Legal Review 11/13/2018 The Commander is responsible for legal review of a JAGMAN/Command Investigation The IG is responsible for an investigation that results from an IG matter IG Investigation requires an LSR IG Inquiry requires Legal Concurrence The CIG must ensure the LSR is in compliance with IGMC directives (Read and Initial 17-01 provides the template) Check what they give you. Does it make sense and apply to your Inquiry or Investigation?

Review What are the four ways IGMC will task a CIG? What type of response is required for each? Why do we enter case persons in CMS? What is an Emergent Allegation and what do you do if you find one? What do you do if you have Command and IG matters in one letter or complaint? How should you address Anonymous and 3d Party Complaints?

Questions?