BPM
11/10/2008
CHAPTER 1
ORGANIZATIONAL STRUCTURE AND RESPONSIBILITIES
GENERAL INFORMATION
1.01 The Pennsylvania State Police (PSP), Bureau of Liquor Control Enforcement (BLCE) is composed of Bureau Headquarters in Harrisburg, Compliance, Auditing and Gambling Enforcement Unit (CAGE), and nine District Enforcement Offices (DEO) strategically located statewide.
A. Business hours are 8:15 A.M. to 4:15 P.M., Monday through Friday.
B. Telephone answering machines are available at each DEO to take calls during non-business hours. In addition, the toll-free number of 800-932-0602 is available at Bureau Headquarters 24 hours a day to record calls from the public regarding violations of the liquor laws. Each DEO also has a primary cellular telephone number accessible by the Troops after hours.
C. The address and telephone numbers and after hours numbers of the various offices can be found in the Pennsylvania State Police Roster.
ORGANIZATIONAL STRUCTURE
1.02 The Table of Organization of the PSP-BLCE reflects the structure of the Bureau as established by the Commissioner under the authority of the Liquor Code, 47 P.S. § 211.
1.03 The BLCE shall consist of an Administration Division, an Operations Division, and a Legal Section.
1.04 Administration Division: An organizational segment comprised of the Report Examination Unit (REU) and Computer Service Support Unit (CSSU).
1.05 Operations Division: An organizational segment comprised of the Central Section, Eastern Section, Western Section, and the Compliance, Auditing and Gambling Enforcement Unit (CAGE).
1.06 Legal Section: An organizational segment comprised of four legal support offices that are included in the Bureau authorized complement. The Office of Chief Counsel has authority over all personnel assigned to this section.
DUTIES AND RESPONSIBILITIES
1.07 Director, Bureau of Liquor Control Enforcement:
A. Assists the Commissioner and the Deputy Commissioner of Operations in the formulation and establishment of Bureau policies, procedures, and programs.
B. Exercises command authority over all administrative and operational activities of the Bureau.
C. Acts as liaison for the Commissioner with the Pennsylvania Liquor Control Board (PLCB) and all other businesses, organizations, and civic groups involved in or concerned with the alcoholic beverage industry.
D. Represents the Department's interests before legislative committees regarding proposed legislation affecting the enforcement of the liquor laws.
E. Ensures required reports are prepared and submitted to the Deputy Commissioner of Operations. These reports shall include quarterly project updates, and annual program objectives and results.
F. Drafts and reviews proposed legislation on behalf of the Department concerning amendments or additions to statutes relevant to the enforcement of the liquor laws.
G. Develops and implements policies and directives regarding Bureau functions and enforcement activities.
H. Testifies at labor relations and civil hearings regarding Bureau policies/procedures.
I. Reviews administrative investigations and inquiries submitted by the Bureau of Integrity and Professional Standards, as well as employee investigations conducted within the Bureau, and recommends disciplinary action regarding Bureau personnel in the Administration and Operations Divisions.
J. Prepares a budget for review by the Command Staff and approval by the Office of Administration.
K. Participates in seminars, conferences, and meetings with civic groups, agencies, or organizations involved in or concerned with the enforcement of laws related to the alcoholic beverage industry.
L. Prepares performance reviews for the Director, Administration Division; the Director, Operations Division; and the Administrative Officer.
1.08 Bureau Administrative Staff:
A. Provides administrative support to the Bureau/Division Directors and assists the District Enforcement Offices/Sections/Units in the submission of correspondence and reports.
B. Ensures all correspondence submitted by Sections, Units, and Offices of the Bureau conform to Department directives, and maintains proper flow of correspondence.
C. Ensures personnel are made aware of policies/directives pertaining to benefits, payroll, job performance, and other related matters, and instructs and assists personnel in the completion of all such transactions.
D. Reviews all personnel-related forms and correspondence for compliance with established directives for processing to the Bureau of Human Resources, and serves as liaison between the Bureau of Human Resources and all District Enforcement Offices/Sections/Units, and monitors related data in SAP.
E. Ensures the acquisition, distribution, and maintenance of equipment and supplies to all Offices/Sections/Units.
F. Processes and pays invoices through SAP in compliance with established Department and Bureau directives.
G. Monitors the Bureau's Master Confidential Investigation Advancement Account.
H. Monitors the District Enforcement Office Confidential Investigation Advancement Accounts and Confidential Petty Cash Funds for compliance with directives, processes requests for replenishment, and reviews monthly bank reconciliations.
I. Reviews absence and attendance data for the Bureau through SAP. Enters overtime data for the administrative and Command Staff, resolves discrepancies and acts as liaison between the Bureau and the Bureau of Human Resources concerning leave related matters.
J. Reviews mileage records of vehicles to determine appropriate usage, and when replacements are needed. Processes paperwork to obtain new vehicles and turns in old vehicles. Ensures installation of all required equipment/radios. Ensures assignment of vehicle credit cards and/or replacement cards.
K. Reviews and processes requests for fictitious operator's licenses to the Bureau of Criminal Investigation (BCI). Coordinates with BCI personnel for subsequent renewal, transfer or cancellation of distributed fictitious vehicle registrations provided by BCI personnel.
L. Maintains the Bureau's toll-free hotline for use by the public to report liquor law violations, and forwards the information to the District Enforcement Offices for investigation or response.
M. Coordinates submission of budget requests, researches cost factors and Bureau needs, and consolidates for final annual budget.
1.09 Director, Administration Division:
A. Exercises command authority over all administrative/clerical personnel in the REU and the CSSU.
B. Ensures that all Sections, Units, and Offices of the Bureau comply with established directives and policies.
C. Exercises authority over all functions of the REU involving review of investigative reports, preparation of various documents of the administrative citation process, the collection of citation historical records and the maintenance of licensee files.
D. Submits recommendations and examines justifications for the establishment, relocation, renovation or consolidation of facilities.
E. Ensures all training programs are developed and/or administered in accordance with Department policy and procedures, and recommends the development of new training programs as needed.
F. Acts as liaison for the Bureau Director with the PLCB and other governmental agencies regarding administrative practices and policies.
G. Represents the interests of the Department and the Bureau in all labor-related contract negotiations.
H. Acts as the Labor Relations Coordinator for all Bureau personnel.
I. Coordinates, prepares and submits the annual budget to the Bureau Director for all administrative and operational functions.
J. Directs the activities of the CSSU and ensures that all generated projects and reports are consistent with the Bureau's requirements.
K. Ensures that all required reports and correspondence regarding personnel matters are properly prepared, endorsed and transmitted to Department Headquarters.
L. Ensures that an adequate number of vehicles are procured, equipped, and maintained for use by Bureau personnel in the performance of their assigned duties.
M. Ensures that an adequate inventory of supplies, uniforms, weapons, ammunition, communications, and other equipment is procured, maintained, and distributed for use by Bureau personnel.
N. Periodically visits all Bureau facilities.
O. Prepares performance reviews for the Legal Assistant Supervisor and Information Technology Generalists 1 and 2.
P. Ensures the proper conduct of and compliance with all special programs such as the Alcohol Education Program.
Q. Serves as the security officer for the Bureau. Plans, coordinates and assists the District Office Commanders with security for their facilities.
1.10 Report Examination Unit (REU):
A. Reviews and examines Notice of Violation letters and related incident and administrative reports submitted by the District Enforcement Offices and the CAGE Unit.
B. Ensures all reports of investigation are in compliance with official directives and procedures.
C. Communicates with District Office Commanders/Unit Supervisors concerning issues and discrepancies that would affect administrative action against licensees.
D. Notifies Bureau Headquarters of important issues and discrepancies that would affect the final adjudication of a citation case.
E. Prepares Enforcement Case Summary/Explanation of the Case for presentation to the Assistant Counsel.
F. Prepares Case Narrative in the event a waiver of hearing is filed by a licensee.
G. Requests, reviews, and obtains all necessary files and documents relative to the licensee involved in each investigation.
H. Compiles Prior Citation Record showing licensee's historical background of prior citations.
I. Prepares Assistant Counsel file showing all pertinent information related to a case.
J. Prepares Administrative Citations for liquor law violations; furnishes a Waiver, Admission and Authorization, Form PLCB1947, in the event the licensee wishes to waive the hearing; assigns Administrative Citations to the appropriate Assistant Counsel; and furnishes copies to the affected District Enforcement Office and the Office of Administrative Law Judge (OALJ).
K. Maintains open-shelf filing system consisting of active and inactive licensee files.
L. Examines all Gambling Questionnaires received from the District Enforcement Offices and the CAGE Unit and enters the appropriate information in the Gambling Questionnaire Database.
M. Collects citation history for submission to the PLCB in conjunction with the Nuisance Bar Program, upon request.
N. In compliance with current Department regulations, researches and prepares appropriate copies of licensee files when a subpoena is received for Bureau records with respect to a civil action in which the Bureau is not a party, deleting any references to open investigations, wiretapping, confidential informants and persons not listed as witnesses.
O. Monitors the Incident Number Recording System and researches the monthly printouts of incidents open more than 180 days. Communicates any discrepancies to the Bureau Administrative Staff and takes appropriate corrective action.
P. Aids the Assistant Counsel, Harrisburg Legal Office, in researching and determining appropriate new/revised averments for the Averment Book. Changes are made in response to the enactment of new legislation which amends the Liquor Code, any regulations promulgated pursuant thereto and related sections of the Crimes Code, or in response to requests for new or revised averments from field personnel.
1.11 Computer SERVICE Support Unit (CSSU):
A. Evaluates computer needs, provides hardware/software support, and recommends appropriate hardware/software training for Bureau personnel.
B. Designs, develops, tests, and distributes Bureau specific software.
C. Sets up and installs all hardware and software, coordinates mainframe hardware connections, performs hardware preventative maintenance, and coordinates remedial maintenance.
D. Acts as Bureau Terminal Agency Coordinator (TAC) with the responsibility for operator certification/recertification and selection, assignment, and training of TACs for the District Enforcement Offices.
E. Manages all automation technology resources within the Bureau and analyzes routine work functions for possible automation.
F. Acts as liaison with the Bureau of Information Technology.
1.12 Director, Operations Division:
A. Exercises command authority over:
1. The conducting of investigations related to the enforcement of the Liquor Code, any regulations promulgated pursuant thereto and related sections of the Crimes Code.
2. The Central, Eastern, Western Section Commanders and CAGE Unit Supervisor, their functions and activities.
B. Ensures that all personnel under their command function in accordance with Department/Bureau policies, regulations, and directives.
C. Participates in seminars, conferences and meetings with civic groups, organizations, or agencies involved in or concerned with the alcoholic beverage industry.
D. Acts as Liaison for the Bureau Director with the PLCB and other governmental agencies regarding investigative practices and policies.
E. Ensures that all required reports and correspondence regarding investigations are properly prepared, reviewed, and transmitted in accordance with Department/Bureau policies and directives.
F. Establishes and maintains communications with other law enforcement authorities and with local, county, and state officials regarding the enforcement of the liquor laws and related regulations.
G. Periodically visits all Bureau facilities.
H. Prepares performance reviews for the Eastern, Central and Western Section Commanders, and CAGE Unit Supervisor in accordance with Department requirements.
I. Reviews administrative investigations conducted on Bureau personnel and conducts pre-disciplinary conferences, as required, with recommendations to the Bureau Director for further action.
J. Ensures the proper conduct of, investigations and activities by the District Enforcement Offices and the CAGE Unit.
K. Ensures the proper conduct of enforcement efforts, such as Enforcing the Underage Drinking Laws Program, Nuisance Bar Program, Age Compliance Check Program, and electronic video gambling machine investigations.
L. Manages the implementation of any federally-funded programs.
1.13 Section Commander(S):
A. Exercises command authority over the District Office Commanders within their assigned section.
B. Oversees and coordinates investigations related to the Liquor Code, any regulations promulgated pursuant thereto and related sections of the Crimes Code and takes on-scene command of all major enforcement operations.
C. Directs the management practices of District Enforcement Offices to achieve maximum effectiveness of personnel and equipment.
D. Ensures personnel under their command function in accordance with Department/Bureau policies, regulations, and directives.
E. Ensures Department/Bureau policies, regulations, and directives are brought to the attention of Section personnel.
F. Establishes and maintains communications between local, county, and state officials concerning enforcement of the liquor laws.
G. Coordinates the training of Enforcement Officers with the Director, Administration Division.
H. Recommends relocation or renovation of District Enforcement Office facilities to the Director, Administration Division.
I. Conducts line inspections of each District Enforcement Office as directed by the Bureau Director.
J. Coordinates the distribution and inventory of supplies and equipment.
K. Acts as approving authority for leave requests submitted by District Office Commanders.
L. Sets and maintains the scheduling of the District Office Commanders.
M. Endorses correspondence to be forwarded to Bureau Headquarters.
N. Attends licensee seminars, sponsored by the PLCB/Bureau and other licensee-sponsored conferences, to answer questions relative to enforcement policy and procedures.
O. Presents information to the public via the news media regarding enforcement activities of the Bureau.
P. Be available on short notice for contact by Bureau Headquarters Command Staff.
Q. Prepares performance reviews for the District Office Commanders.
R. Conducts administrative investigations and inquiries in accordance with Department and Bureau policy as assigned.