DORA: Investigator - State of Colorado - Denver, CO

This position exists to conduct complex investigations of suspected violations of administrative, civil, and criminal statutes enforced by the Division of Professions and Occupations. This position collects and compiles documentation and other evidence after determining the appropriate materials to be gathered; drafts subpoenas; obtains subpoena enforcement; determines plan, scope and direction of investigation; conducts in-depth interviews of witnesses, victims, and suspects to obtain information; conducts undercover operations. Assess and analyze evidence to determine and identify whether allegations are jurisdictional and constitute violations of state statutes. These functions require familiarity with state and federal laws and statutes, and often involve investigators from other agencies with diverse interests, varying levels of experience, and differing agency goals. Preserve and protect the integrity and confidentiality of evidence. Presents testimony at disciplinary hearing, civil or criminal proceedings. Position also prepares clear, concise and comprehensive investigative reports which reflect pertinent facts in an objective manner. Prepare reports to Boards, Assistant Attorney Generals and other law enforcement agencies for the determination of appropriate enforcement action. Organize and prepare reports of investigation and evidence to be used for prosecution by the Attorney General’s Office and other law enforcement agencies. Position assists other law enforcement agencies investigations by serving as a resource specialist; providing guidance, interpretations and recommendations to others concerning matters in the position’s area of expertise. Communicates and exchanges information with other law enforcement agencies to detect, jointly investigate and promote the prosecution of violators. Involved in joint task forces with other federal, state and local law enforcement agencies. Educate and communicate with the general public and regulated professions regarding the enforcement role of the agency.

Minimum Qualifications, Substitutions, Conditions of Employment & Appeal Rights

Minimum Qualifications

Graduation from an accredited college or university with a bachelor’s degree in criminology, criminal justice, law enforcement, law, or a closely related field, and one year of professional investigative experience appropriate to the position.

Substitutions

Advanced degree (as stated above) and professional investigative experience appropriate to the position, demonstrating competencies equivalent to the competencies learned through completion of the required education may be substituted for the education.


REQUIRED COMPETENCIES: The following knowledge, skills, abilities, and personal characteristics are required competencies and may be considered during the selection process (including examination and/or interview). Candidates who do not meet the required competencies will be removed from consideration.


Proficiency in MS office and computer software programs;

Advanced oral and written communication skills, including clear, concise, and comprehensive investigative writing skills;

Critical and analytical thinking skills;


PREFERRED QUALIFICATIONS:
Experience in the administrative/regulatory law procedures;

Proven success working with multi-disciplinary teams (e.g. civil attorneys; criminal prosecutors; local, state, and federal law enforcement/regulatory agencies);

Excellent customer service skills;

Professional level experience in a legal environment;

Demonstrated experience working in a high stress, high profile environment managing various stakeholders and discerning hidden agendas;

Degree in Nursing (Note; some of the investigations conducted will be in the nursing profession, therefore knowledge of medical and/or nursing practices and standards will be a plus);


Appeal Rights

If you receive notice that you have been eliminated from consideration for the position, you may protest the action by filing an appeal with the State Personnel Board/State Personnel Director within 10 days from the date you receive notice of the elimination.


Also, if you wish to challenge the selection and comparative analysis process, you may file an appeal with the State Personnel Board/State Personnel Director within 10 days from the receipt of notice or knowledge of the action you are challenging.


Refer to Chapters 4 and 8 of the State Personnel Board Rules and Personnel Director’s Administrative Procedures, 4 CCR 801, for more information about the appeals process. The State Personnel Board Rules and Personnel Director’s Administrative Procedures are available at www.colorado.gov/spb.


A standard appeal form is available at: www.colorado.gov/spb. If you appeal, your appeal must be submitted in writing on the official appeal form, signed by you or your representative, and received at the following address within 10 days of your receipt of notice or knowledge of the action: Colorado State Personnel Board/State Personnel Director, Attn: Appeals Processing, 1525 Sherman Street, 4th Floor, Denver, CO 80203. Fax: 303-866-5038. Phone: 303-866-3300. The ten-day deadline and these appeal procedures also apply to all charges of discrimination.


Supplemental Information

Interested individuals must submit all four (4) of the following online:

A completed State of Colorado Application (this includes completing the work history section). Incomplete applications, resumes, or “see résumé,” “see attachment,” or “see addendum” statements will not be accepted in lieu of a completed application form.

A current email address on your application, as communication pertaining to this position will be electronic based. Note: The department cannot guarantee the successful delivery of email.

A detailed cover letter, explaining how you meet the required competencies and preferred qualifications/competencies.

A narrative response to the exercise listed below. Please note: It is required that you have a completed application submitted, however candidates will be allowed to send in the written exercise separately. Written exercise’s can me emailed to the following email address no later than 5:00 p.m. Tuesday, August 18th. alicia.melendez@state.co.us

Attachments: Make sure to include the additional required documents specified above (cover letter, etc.) in your application materials as attachments. Comparative Analysis Process: Structured Application Review Part of, if not the entire, comparative analysis process for this position will involve a review of the information you submit in your application materials; therefore, it is paramount that in the experience portion of your application and cover letter, you describe the extent to which you possess the education, experience, and competencies outlined in the job announcement as well as the required and/or preferred qualifications/competencies. Failure to include adequate information or follow instructions may affect your score and prevent you from competing in subsequent measures used to arrive at a top group of applicants. The education, experience, abilities and accomplishments listed in this announcement have been identified as critical to successful performance in this position. Your application will be reviewed by a qualified Human Resources Specialist and/or Subject Matter Expert(s) to determine if you meet the minimum position requirements. This review may also be used to assess and rank applicants, who meet the minimum requirements, to identify a top/most qualified group or establish an eligible list for referral to the appointing authority. If your application does not demonstrate that you meet the minimum requirements, you will not be considered for the vacancy. You will be notified in writing of the results of the application review.


SUPPLEMENTAL EXERCISE TO DETERMINE INVESTIGATIVE REPORTING SKILLS

CRIMINAL INVESTIGATOR POSITION WRITTEN EXERCISE


INSTRUCTIONS:
Write your candidate ID number assigned to you by the Neo-Gov system in the upper right corner of each page of your response.

Please number your pages.

The following is all of the information you collected during an investigation.

Your assignment is to organize the information and present it in a report. The report should be clear, concise, easy to follow and focus on the pertinent information.

You, as the investigator, should feel free to exercise your judgment to include only that information which supports/refutes or mitigates/aggravates the complaint and screen out any other “less valuable” information. You do not need to draw a conclusion or make a recommendation.


Complaint:
A complaint was received on September 1, 2014 by the Office of Athletic Trainer (AT) Registration from L. Boston. Ms. Boston, an AT for Truman High School, alleged that Joe Smith was referring to himself as an AT and had treated people on the following dates for William Chrisman High School:

August 1, 14–taped an elbow injury.

August 1, 14–performed a hand evaluation and advised the subject to get an x-ray.

August 2, 14–performed a knee injury evaluation and advised to get an x-ray.


After receiving a complaint from a parent, Ms. Boston was unable to find licensure information on the DORA website for Mr. Smith.


Ms. Boston further reported that her school and the school that Mr. Smith is working at are in the same school district.


Response:
Mr. Smith is not licensed. Therefore, no written response was obtained by him.


Interview Notes:
L. Boston, AT

Boston is an AT for Truman High School. Noted that ATs in her school district are only assigned to one school.

Provides AT duties for all sports.

Has met with Smith in the past. 1st time–“Absolutely…I mean when I entered their training room during football season, I saw him there all the time.”

Smith was listed as a coach for WCHS, but performing AT duties.

“There are coaches that are doing taping, but he’s the only one actually doing exercises with them and other duties that athletic trainers do.” “He’s telling them to see doctors…consulting with their parents.”

She did not specifically witness Smith perform AT duties, but heard he was doing these.

“I haven’t actually seen the treatment performed. It’s all hearsay with the athletes saying they are seeing him for rehab or exercises.”


Jonny Logan, AT

Logan was familiar with Smith.

Logan has worked in the district for 32 years, 28 as a teacher before retiring. He is now an AT.

Smith “has been involved in this for a number of years. He gets around the issue by the coaches saying he’s a ‘strength and conditioning coach,’ but he goes out and tapes and administers medication and rub down and things like that…he’s been practicing AT but has never been certified.”

“It’s about time someone is looking into him.”

“Surprised no one hasn’t been hurt.”

“It’s the school and the coaches, not the district.” “I work for the district and I am licensed.”

“If you’re professional, you’re professional…if you’re not, you’re not. This has been going on for a while and we’ve tried to rectify the situation, but cannot without DORA’s help.”

Logan doesn’t interact with Smith. He is an outsider and he “knows better than to come around me.”

The few times Logan interacted with Smith, Logan found Smith to be “rude” and “pushy.”

Logan has heard from “others” that the parents and athletes “love” Smith.

Logan questions Smith’s training and is worried that someone will get hurt.

Robert Fellowes (Stadium Manager at the Fruitloop Stadium Complex)

Familiar with Smith.

“Chummy” guy to the athletes, but “mean” to everyone else.

Never observed him perform AT duties.

Joe Smith

Identified his role as, “I am only the athletic trainer by job position, not by title or profession.”

Has been working at the school for 7 years.

Acts as AT for all sports.

“I don’t call myself an athletic trainer…that’s just what I am. I only say it because that’s the job position I hold.”

Does injury exams, taping, some rehab for injuries and “sideline assessment for like, concussions.”

Only works on athletes with “minor injuries.”

Major injuries he will refer to a medical doctor.

Education–Physical therapy background. “I’m a physical therapy assistant.” Worked as an EMT in army, but never certified.

Questioned what complaint was about. Investigator explained that only person registered with DORA can refer and hold themselves out as athletic trainers. “Yeah, and I don’t do that.”

Denied ever telling someone he was an AT.

Boris Yeltsin (Athletic Director for WCHS)

AD for the past 3.5 years.

Yeltsin confirmed that Smith worked at WCHHS.

“He helps with the rehab…tapes kids…does E-stim therapy with them, and those kinds of things.”

Credentials of Smith–“He’s tried to become an athletic trainer…he doesn’t have that completed yet. Right now he’s just a…physical therapy assistant.” “We don’t call him a trainer here…but he does the stuff a trainer does.”

Questioned about website–“Yes, that’s right. He’s an assistant…not sure why they labeled him like that.”

Yeltsin confirmed he was aware there is a state statute requiring anyone holding themselves out to be an athletic trainer to be registered by DORA.


Internet search results about Joe Smith

WCHS website—listed only as an “assistant.”

Picture of Mr. Smith on the football field with a “fanny pack” kneeling by athlete.

Board of Certification for Athletic Trainers–no record.

Colorado Athletic Trainer’s Association–no record.

Facebook page –- lists his occupation as “Trainer” and “Coach”. Photos include the same picture located on the school website.

DORA search for physical therapy assistant licensure/registration – none



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