Massachusetts Alcoholic Beverages Control Commission Investigation and Enforcement Division
OPERATIONS MANUAL
CHAPTER: A-002
SUBJECT: Division Structure &
Agency Organizational Chart
AMENDS/SUPERSEDES: All Previous
DISTRIBUTION: All Investigators
______
Discussion:
This chapter relates to the organization of the Commission and the application of basic organizational principles. This directive is designed to outline the Commission's organizational structure so as to ensure that each Investigator understands his/her role and position, knows whom he/she is responsible to, and whom he/she is responsible for. The Commission has established a formal structure through which organizational components are arranged, defined, directed and coordinated.
The agency is established by law and shall consist of an appointed Chief Investigator and such investigators as may be specified by the Commission. The Investigation and Enforcement Division will be under the general supervision of the Chief Investigator. The Chief Investigator will enforce the rules and policies of the Commission. The Chief Investigator has authority and responsibility for the management, direction and control of the operations and administration of the Investigation and Enforcement Division. The Commission has the authority and responsibility to establish a formal organizational structure. Investigators are charged with enforcing the laws of the Commonwealth of Massachusetts and Administrative Regulations of the Commission. The organization of the Investigation and Enforcement Division will support the effective and efficient accomplishment of agency responsibilities and functions.
Purpose:
The purpose of this chapter is to describe the organization of the Massachusetts Investigation and Enforcement Division and to assign responsibilities, functions, and duties.
ORGANIZATIONAL STRUCTURE
Massachusetts Investigation and Enforcement Division:
A. Organizational Structure:
1. The Chief Investigator is responsible for the direction of all activities of the Investigation and Enforcement Division. This direction will be accomplished through written and oral orders, directives, guidelines and guidance as well as by personal leadership.
2. The organizational structure includes persons to whom are assigned specific responsibilities that include activities directly related to carrying out or supporting the agency mission.
3. Pursuant to Massachusetts General Laws Chapter 10 §72, the Investigation and Enforcement Division shall consist of a chief investigator and other investigators, who shall be exempt from chapter 31, for the purpose of enforcing or causing to be enforced the penalties provided by law against every person who is guilty of a violation of chapter 138 of which they can obtain reasonable proof, and shall make all necessary and appropriate investigations for that purpose.
B. Chain of Command:
1. The Chief Investigator has full control over the Investigation and Enforcement Division activities, reporting to the Executive Director. In the absence of the Chief Investigator, the Senior Investigator In Charge shall command and notify the chief of all decisions that he or she may make.
C. Span of Control
1. For any major event in which all or most Investigation and Enforcement Division personnel will be on duty, plans for the event will clearly delineate the command and structure and consider span of control.
D. Authority and Responsibility:
1. At every level within this Investigation and Enforcement Division, personnel must be given the authority to make decisions necessary for the effective execution of their responsibilities.
2. Each Investigation and Enforcement Division employee will be held fully accountable for the use of, or failure to use, delegated authority. Any employee who has questions concerning his/her delegated authority should bring such questions to the attention of the Chief Investigator for prompt resolution.
E. Direction, Obedience to Orders:
1. The Chief Investigator has full authority and responsibility for the management, direction and control of the operation and administration of the Investigation and Enforcement Division. Both statute and policy define certain areas of operation and administration where the Commission or Executive Director have full responsibility or share responsibility with the Chief Investigator and must be complied with.
- Grievances: The grievance procedure, as specified by ARTICLE 20A of the Coalition of Public Safety Collective Bargaining Agreement shall be as follows:
a. Step I An employee and/or the Union shall submit a grievance in writing to the Chair of the Commission not later than twenty-one (21) calendar days after the date on which the alleged act or omission giving rise to the grievance occurred or after the date on which there was a reasonable basis for knowledge of the occurrence. The Chair shall reply in writing by the end of seven (7) calendar days following the date of submission, or if a meeting is held to review the grievance by the end of twenty-one (21) calendar days following the date of submission.
b. Step II In the event the employee or the Union wishes to appeal an unsatisfactory decision at Step 1, the appeal must be presented in writing to the Director of Human Resources within ten (10) calendar days following the receipt of the Step I decision. The Director of Human Resources shall meet with the employee and/or Union for review of the grievance and shall issue a written reply to the employee and/or the Union by the end of the fourteen (14) calendar days following the day on which the appeal was filed.
c. Step III In the event the employee or the Union wishes to appeal an unsatisfactory decision at Step II, the appeal must be presented to the Deputy Treasurer assigned to the Commission within seventeen (17) calendar days of the receipt of the unsatisfactory decision. The Deputy Treasurer shall issue a written reply by the end of the twenty-one (21) calendar days following the day on which the appeal was filed or if a conference is held by the end of the seventeen (17) calendar days following the close of the conference: every effort will be made to hold such conference within twenty-one (21) calendar days following the filing of the appeal.
d. Step IV Grievances unresolved at Step III may be brought to arbitration solely by the Union by filing with the Director of Human Resources within seventeen (17) calendar days of the receipt of the Step III decision a completed Request for Arbitration form. The arbitrator shall be selected by mutual agreement of the parties. If the parties cannot agree upon an arbitrator, the Coalition may request the American Arbitration Association to provide the parties a panel list of arbitrators from which selection of a single arbitrator shall be made in accordance with its voluntary labor arbitration rules.
Organizational Chart:
The following chart denotes chain of command and intra-agency relationships:
A-002: 1