TABLE OF CONTENTS
Topics | Sections |
2.1 What is the purpose of this chapter? 2.2 What is the scope of this chapter? 2.3 What is the objective of the chapter? 2.4 What are the authorities for this chapter? | |
2.5 Who is responsible for the requirements in this policy? | |
2.6 Who is eligible to use law enforcement vehicles as part of the Home-to-Work (HTW) program? 2.7 What is the approval process? | |
2.8 What are the requirements for Federal Wildlife Officers using law enforcement vehicles in the HTW program? 2.9 How do Refuge Managers report concerns with HTW transportation? 2.10 What disciplinary actions may result if a Federal Wildlife Officer violates this policy? |
OVERVIEW
2.1 What is the purpose of this chapter? This chapter establishes the necessary steps to obtain authorization and describes other requirements for using a Government-owned, leased, or controlled law enforcement vehicle as transportation between a Federal Wildlife Officer’s (FWO) home and place of work.
2.2 What is the scope of this chapter? This chapter applies to all FWOs within the U.S. Fish and Wildlife Service (Service) National Wildlife Refuge System (NWRS) who use Service-issued law enforcement vehicles. We use the term ‘FWO’ to encompass all commissioned officers, including FWO pilots, within the NWRS Law Enforcement (NWRS LE) ranks.
2.3 What is the objective of this chapter? The Service recognizes the high level of responsibility it places on FWOs when they use law enforcement vehicles to respond to emergency incidents, conduct enforcement activities, participate in search and rescue operations, and conduct criminal investigations. The FWOs often conduct this work without regard to fixed work schedules or days off. The objective of this chapter is to enable FWOs to respond outside of normal duty hours in an efficient manner that allows them to meet the Service’s mission, and which sometimes requires Home-to-Work (HTW) transportation.
2.4 What are the authorities for this chapter?
A. The Department of the Interior’s (Department) “Authorization for Use of Government Passenger Carrier(s) for Home-to-Work Transportation of Those Employees Essential for the Safe and Efficient Performance of Criminal Law Enforcement, Protective Services, or Intelligence Duties;” October 26, 2018.
B. Department’s Motor Vehicle Management Handbook, Chapter 9, Home-to-Work Transportation, March 2020.
C. Passenger Carrier Use (31 U.S.C. 1344(a)(2)(B)) and Adverse Personnel Actions (31 U.S.C. 1349).
D. 370 Departmental Manual (DM) 752, Discipline and Adverse Actions.
E. 446 DM 12, Law Enforcement, Equipment and Vehicles.
RESPONSIBILITIES
2.5 Who is responsible for the requirements in this policy? See Table 2-1.
Table 2-1 Responsibilities for the Home-to-Work Policy
These employees… | Are responsible for… |
A. Director | Approving or declining to approve Servicewide policy. |
B. Chief, NWRS | Ensuring that the Chief, Division of Refuge Law Enforcement manages the NWRS LE program effectively and efficiently. |
C. Chief, Division of Refuge Law Enforcement, in Headquarters (HQ) | (1) Ensuring there is policy in place to manage the NWRS LE program effectively and efficiently, and (2) Serving as the final approval authority for initial requests for HTW transportation. |
D. Assistant Regional Directors, NWRS | (1) Overseeing the NWRS LE program in their Regions; (2) Reviewing HTW requests for FWOs who apply, and if in concurrence, sending them to the Chief, Division of Refuge Law Enforcement for approval; and (3) Approving 1-year extensions for HTW. |
E. Regional Chiefs of Law Enforcement, NWRS | (1) Managing NWRS LE at the Regional level, supervising NWRS LE operations within the Regions, and ensuring compliance with this policy; (2) Reviewing HTW requests for FWOs who apply and 1-year extensions, and if in concurrence, sending them to the Assistant Regional Director, NWRS; and (3) Approving amendments to HTW transportation authorizations. |
F. Federal Wildlife Patrol Captains (Patrol Captains) | (1) Adhering to this policy and complying with HTW vehicle requirements; (2) Ensuring that the FWOs within their zones comply with the requirements in this policy; and (3) Reviewing HTW requests for FWOs who apply, 1-year extensions, and amendments to HTW transportation, and if in concurrence, sending them to the Regional Chief of Law Enforcement, NWRS. |
G. Federal Wildlife Officers (FWO) | (1) Adhering to this policy and complying with HTW vehicle requirements, and (2) Submitting requests to their Patrol Captain to obtain approval for HTW transportation, and working with their Patrol Captain, as necessary, on 1-year extensions and amendments. |
ELIGIBILITY, AUTHORIZATION, AND APPROVAL
2.6 Who is eligible to use law enforcement vehicles as part of the HTW program? Commissioned FWOs are eligible for an HTW vehicle when their position requires them to respond after working hours to emergency incidents, enforcement activities, criminal investigations, and search and rescue operations.
2.7 What is the approval process?
A. Initial 1-year authorization (see Figure 2-1).
(1) To obtain authorization for HTW transportation, FWOs must submit FWS Form 3-2375, Refuge Law Enforcement Vehicle Home-to-Work Authorization Form, to their Patrol Captain for review and concurrence.
(2) The Patrol Captain, if in concurrence, signs the form and sends it to the Regional Chief of Law Enforcement, NWRS.
(3) The Regional Chief of Law Enforcement, NWRS, if in concurrence, signs the form and sends it to the Assistant Regional Director, NWRS, for approval.
(4) The Assistant Regional Director, NWRS, if in concurrence, signs the form and sends it to the Chief, Division of Refuge Law Enforcement in HQ, for final approval.
(5) The Division of Refuge Law Enforcement in HQ sends the FWO a copy of the final signed authorization. FWOs should upload the signed forms to their profiles in the Law Enforcement Management Information System (i.e., LEMIS), which is the records management system for NWRS LE.
B. Annual extensions. Every year FWOs must submit the signed FWS Form 3-2375 through the chain of command described above, to their Assistant Regional Director, NWRS, for approval of a 1-year extension. The FWOs, working with their supervisors, must complete a new form after four extensions.
C. Amendments.
(1) If any duty station or vehicle information on the form changes, the FWO must amend FWS Form 3-2375 and send it to their Patrol Captain. The Patrol Captain reviews and provides concurrence, and then sends it to the Regional Chief of Law Enforcement, NWRS, who has final approval authority for amendments.
(2) If an FWO transfers to a new Region, the FWO must complete a new FWS Form 3-2375 and send it through the chain of command as outlined in section 2.7A.
REQUIREMENTS
2.8 What are the requirements for FWOs using law enforcement vehicles in the HTW program?
A. Authorization required. Every FWO in the program must complete and receive approval on FWS Form 3-2375, the Refuge Law Enforcement Vehicle Home-to-Work Authorization Form (see section 2.7 for the approval process). The form includes the following elements:
(1) Name, title, series, and grade of the FWO;
(2) Assigned Law Enforcement Patrol Zone and permanent duty station address;
(3) The period of use (i.e., the calendar year);
(4) The FWO’s residence address;
(5) Primary vehicle or other vehicles as assigned on a situational basis; and
(6) Description of official use and any limitations.
B. Reporting requirements. The FWOs enrolled in the HTW program must record each trip in their daily patrol log. The record should include the tour of duty date, beginning and ending times, and beginning and ending mileage. The FWO must keep the daily record available and provide it to their supervisor upon request.
C. Availability to respond.
(1) The FWOs who are authorized HTW vehicles must be available after working hours when compelling circumstances exist to respond to emergency incidents, conduct enforcement activities and criminal investigations, and participate in search and rescue operations. Compelling circumstances exist when the need to return to duty is specifically related to an FWO’s law enforcement duties and the circumstances are of such a nature that failure to respond would constitute negligence. See section 2.8C(3) below for more information.
(2) Allowable exceptions to the availability requirements above include personal family engagements, health of the FWO or the FWO’s family, or other reasonable situations that may prevent the FWO from responding. The Patrol Captain determines whether an FWO’s situation is a reasonable exception. An FWO may be considered in dereliction of duty if they do not respond and the Patrol Captain does not determine the FWO’s situation to be an exception.
(3) The FWOs must ensure their availability during and after work hours through a cell phone or radio.
D. Living within the area of responsibility. The Service expects FWOs enrolled in the HTW program to live within their assigned area of responsibility and within a reasonable distance of Service-managed lands. The Regional Chief of Law Enforcement, NWRS, makes these determinations.
E. Termination of approved authorization. The Regional Chief of Law Enforcement, NWRS, has the authority to terminate an FWO’s HTW authorization. The Regional Chief must notify the Assistant Regional Director, NWRS, of any such terminations.
(1) The written notification must include:
(a) The FWO’s name,
(b) Position title,
(c) Copy of the original authorization, and
(d) Reason for termination.
(2) Removal of an HTW authorization is an administrative decision coming from management, which may or may not be associated with, or result in, a disciplinary action due to an FWO’s performance or conduct. Notification is required when:
(a) The FWO no longer requires HTW transportation;
(b) The authorization expires and will not be renewed;
(c) The FWO is in dereliction of duty due to failure to respond to an incident without an exception approved by the Patrol Captain, or as otherwise identified by the Regional Chief of Law Enforcement, NWRS; or
(d) The FWO is suspended (see 470 FW 2).
F. Hours worked. Travel time, including driving to and from home, while driving an HTW vehicle may be considered hours worked when it is in compliance with 225 FW 7, Exhibit 1, HTW Travel as Hours Worked Under the Fair Labor Standards Act.
G. Temporary vehicles do not need authorization. An FWO who is already authorized for HTW does not need further authorization for use of a short-term, temporary vehicle, such as when their primary vehicle is being repaired. The FWO must document to their supervisor the change to a temporary vehicle for HTW and the expected time of usage.
2.9 How do Refuge Managers report concerns with HTW transportation? The FWOs at field stations conduct their operations in accordance with the guidelines and priorities that their Patrol Captains establish. The Refuge Manager or Project Leader should report any concerns or issues with the appropriate use of the HTW program on their station(s) directly to the Patrol Captain.
2.10 What disciplinary actions may result if an FWO violates this policy?
A. If an FWO violates this policy, the Regional Chief of Law Enforcement, NWRS, may suspend them for a minimum of 30 days without pay pending an investigation. Such a suspension must be in consultation with Employee-Management Relations within the Human Capital division, and approved by either:
(1) The Chief, Division of Refuge Law Enforcement in HQ; or
(2) The Regional Chief of Law Enforcement, NWRS, with the concurrence of the Chief, Division of Refuge Law Enforcement in HQ (see 31 U.S.C. 1349(b), Adverse Personnel Actions, and 470 FW 2, Oath of Office and Management of Law Enforcement Authority).
B. Violation of this policy may result in removal of HTW authorization or disciplinary action, or both, per 320 FW 3 and 370 DM 752, in accordance with 31 U.S.C. 1349(b).