MRG’s Investigations Team performs confidential investigations for public sector and private sector clients. We spoke with Andi Stanley to illuminate MRG’s approach to investigations and learn more about what a new client can expect from the MRG Investigations Team. Andi Stanley leads the Investigations practice at MRG.
When someone initiates an investigation contract with MRG, what should they expect, and what should they have prepared before that initial conversation?
An HR team will typically hire an external investigator for situations that they cannot handle themselves due to a conflict or conflicts. Maybe the complaint is high profile, or maybe it concerns one of their management team, or there’s another reason why internal investigations are off the table. In those cases, the HR team or organizational leaders will reach out to MRG.
What they typically will have ready for us is a formal complaint. It may have come through their complaint process, through an exit interview, or through an e-mail from a manager reporting an incident. The HR team will have that information for us to review so we can assign an investigator who will then perform an intake call. These calls can be done in person or virtually. The intake call is a critical piece of the process where we learn initial details and facts about the case. In this conversation, the investigator will discuss the complaint and the desired scope of the investigation. Then, the client will work with the investigator to write notices and reach out to the employees to get the Investigation underway.
Those are the first steps that take place. What they can expect from us is an experienced investigator to pick up the complaint and work with them to get it underway.
What type of questions happen in that intake process?
The main goal of the intake call is to determine what the client wants to achieve in the investigation process. Most investigations focus on fact-finding: Clients want to know what happened. Occasionally, a client will request that the investigator determine if an internal policy has been violated. But the most important thing to determine in that first call with MRG is the scope and context of the investigation.
Typically, the intake process covers a number of questions. There are logistical questions, such as who at their agency is going to draft and send investigation notices to employees, what is the status of the employees involved in the complaint, are any employees on leave, does the agency prefer audio recordings or transcripts, and so on. These questions help the investigator move quickly to conduct the investigation.
Should clients speak to an attorney before connecting with MRG? Do they need to have an attorney present during initial conversations?
No, clients are not required to have an attorney present during initial conversations with MRG. An experienced HR Director or Manager will often have coordinated the investigation process with their legal counsel before reaching out to an external investigator. They are welcome to have their City Attorney or other counsel present at the intake meeting and involved in the process to the extent needed, especially if they anticipate a potential legal action after the matter has concluded.
How does MRG typically assign investigators to particular clients? What does that process look like?
We select investigators for each case based on expertise, availability and occasionally by location. A client may request to work with an investigator with whom they’re familiar. We work hard to ensure that each investigation has the right person for the job.
Before we assign an investigator to a case, we get a general overview of the complaint. For instance, if the complaint involves a Police or Fire department, we’ll choose an investigator that is familiar with POBOR or FBOR.
How long does an investigation typically take? What is the level of interruption that an investigation might have on an organization?
The average investigation is 90 days, with some taking less time and some taking more time, depending on the size of the investigation. As we tell our clients, our draft reports are written within 30 days of the final interview or submitted piece of evidence which is typically faster than other firms.
For the investigations that go longer than that, common reasons include the number of witnesses involved, availability of witnesses, or time spent waiting for documentation. For example, if a client is a university and people are out for the summer, they may not have that available time with a witness. Another example is if an employee is out on a protected leave of absence.
What advice would you have for a HR Director or Assistant City Manager who is dealing with a complaint and feels that an investigation might be warranted? In other words, what would you tell someone before they interact with MRG for the first time?
Leadership should determine the reason they’re going with an external investigation. They may need distance between themselves and the investigation process, or they may be at capacity internally, or there may be a need to address the matter in a timely fashion.
We recommend that clients “keep the end in mind”. Sharing factual context of the situation with the investigator is helpful, but we recommend caution about sharing too much information, such as the outcome of a previous investigation. Being familiar with agency policies is also very helpful for the investigator.
If you’re not ready for an investigation, get ready. Have the documentation, have HR involved, have legal counsel involved, if needed.
Does MRG ever decline to take on an investigation contract? And if so, why?
Yes, we have declined investigations previously. We may decline a matter because we do not have an investigator available within 30 days. We don’t want an agency to be waiting on us when there are other options that they could bring in-house sooner.
We may decline a matter due to a conflict of interest. We have two sides of our house at MRG: A consulting business and an investigations practice. While these sides of our business are separate and confidential, it would not be appropriate to conduct an investigation in a department where we are currently doing an organizational assessment.
These instances are rare. In the vast majority of cases, MRG is willing and able to support agencies with their investigation needs.
How should a client or an agency treat the end of an investigation? What do you typically recommend once a matter has been “resolved”?
When the investigator finalizes the report with HR, the client typically closes out the process with their employees. The clients will report the investigation’s findings to their teams; this signals completion to the employees involved so everyone can move on.
MRG offers coaching, training, and team building options separate from our investigation services. We are often hired to assist with getting the agency back to status quo after an investigation with mediation and restorative support.
We pride ourselves on conducting thorough objective investigations and often hear that our investigators are very empathetic, thorough, professional and timely.
Is there anything that we haven’t discussed in this conversation that you think is relevant, or that someone ought to know before working with MRG on an investigation?
Occasionally an investigation can be avoided: If the agency’s management is strong in the areas of supervisory skills or conflict resolution, they may be able to address issues in their department and with their employees before an investigation is warranted.
The longer a situation festers, the more discord caused in that team. Mediation or conflict resolution can resolve many issues effectively. Training seems expensive until you have to pay for an investigation. Management training is really effective in calming the waters before an investigation is needed.
MRG works to conduct effective investigations that cause as little disruption in the workplace as possible. For instance, we do virtual interviews because it’s not only cost-effective, but also flexible and efficient. People don’t have to take too much time out of their day for travel. We strive to get started, talk to the involved employees, and conclude the matter in a timely fashion so that HR can take the action that’s needed and let employees get back to work without major disruptions.
Andi Stanley manages client and business services at MRG. She leads the Investigation practice at MRG and has coordinated dozens of investigations over the past 10+ years.