JOB SECURITY AND REDUCTION IN FORCE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-04718A001000110012-7
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 7
• Document Creation Date: December 12, 2016
• Document Release Date: May 29, 2002
• Sequence Number: 12
• Content Type: REPORT

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JOB SEWRIT"I
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JOB SECT UTY AND F I N IN FORM
' T)determine whether additional legislation is required by the
Agency with respect to establishing the job security of career employees
and to conducting necessary reductions in force.
A. It is the Agency's objective to develop and maintain a group
of dedicated pee ple who are carefully selected and progressively trained,
who desi to devote the ,aaelves permanently to the needs of the intelligence
service of the U. S. Government, who enjoy the satisfaction of a job veU
done, who look forward to the emoluments and berefits appropriate to such
service, and rte' have the expectancy of a permanent career in CIA.
b. Career as loyees of the Agency will not be affected by reductions
in force until &3.1 practicable reductions have been a,cco ,dished emong
other categories of personnel.
t Such external review of the Agency's personnel activities as
Mum reveal, intelligence methods a and w-urces is undesirable.
A. The Director use his authority under section 102(c) of the
National Security Act of 1947 to separate any a loyee when necessary to
avoid the risk of such outside review as would reveal, intelligence sources
RrA r
3. VACM EKARMG GO TEE P
a. The size of certain career organizatioas in the Federal stricture
(for lie, ? military services, Foreign Service, and permanent civil
service aloyeee) is periodically established by legislative llisaaitEationa.
25X1A b. y Regulation 0 paragraph 2n(1) states that "the size of
this careex staff el-e., the CIA career staff) will be determined by the
long range needs of the Agency rather than by its more variable temporary
"
requirements.
9. The provisions of the Veterans Preference Act end its implement-
ing p e apply to personnel activities of the Agency.
d. The Director has authority under section 102(c)) of the National
Security Act of 1947 to sate any employee of the Agency when be
determines that such action is in the national interest.
4. DI'8C1 8I0R
&. Job security has been considered to mean an employee' as expectancy
of a long temp career in the Agency. This expectancy should be limited
only by the possibility of
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(1) Resignation or de eth of the individual;
(2) Failure on the part of the individual to meet Agency
repqui nts for performance, conduct, security or health; or
(3) A necessary reduction in force.
The concept of job security is inconsistent with frequent fluctuations in
the size of a career group, since they depend in large part upon the went
to which the size of that career group conforms to the long range needs of
the organization at any given time.
b. Although the size of career organizations in the Federal
structure is sometimes established by legislative action, such action
requires Congressional review of the manpower plans a z quie nts of
the orb tion and pets the possible introduction of political con-
siderations in such determinations. Further since any change in the
maximm limitation established by statute must be effected by amendment
of the statute, the heads of such career or aizationa have no latitude
with respect to increasing the stated limitation without Submitting appro-
priate justification for Congressional review. The undesirability of sub-
mitting Agency maqpower plans and requirements to Congressional public
scrutiny would, seem to offset any advantage which might be gained through
the establishment of statutory limitations on the size of the Agency e a
career staff.
co The Agency's objective of retaining dedicated career employees
vauld not be served by policies which would retain any individual who lacks
an active personal interest in an Agency career. Nor world this objective
be served if separations of career employees were arbitrary or frivolous.
The continued association of a career employee with the Agency is of advantage
both to the Agency and to the individual. A decision to terminate this
association should be of at least as great importance as a decision to
establish such a relationship. Therefore, it should be reached only after
careful consideration of all pertinent facts both by the Agency and by the
individual cad.. The decision to terminate a career employee should
be made by a central authority established, to make such decisions or by the
Director. Under present Agency practice, this central authority is carried
out by the Director in the exercise of his authority under section 102(c) of
P.D. 253 - 80th Congress and in cases within the scope of Executive Order
10450, and in all other cases by the Assistant Director (Personnel). All
decisions to terminate are made with consideration of the advice of appro-
priate Agency officials.
d. It follows that internal control is necessary to insure, at
the Agency level, that all pertinent facts have been iq~artlally considered
before a decision to separate a career employee is made. It has been arguued
that such controls are restrictive and.burdens to operating officials by
requiring them to justify their separation proposals to the satisfaction of
a central Agency authority. Nonetheless such controls we essential in a
career service. It should not be "easy" to separate a career employee.
The Agency's policies and procedures for the separation of employees have
been consolidated and recently coordinated throughout the Agency. Although
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the right of veteran pr- Terence employees to appeal separations to the Civil
Service Commission corms .icts with the general principle expressed in
Assumption 2c above, ex 'erience indicates that undesirable disclosure of
intelligence sources av methods can be avoided through exercise of the
Director's special auth rity. (See Annex A)
e. The special r 'atus accorded veteran preference employees in
reductions in force is ',n some conflict with a merit concept. (See Annex B)
f. It would be r tsound for the Agency to propose legislation to
amend the Veterans Pref ~rence Act as it relates to reduction. is f
appeals for the follows ig reasons :
(1) The limitations imposed by the Act do not seriously
interfere with Agency operations;
(2) It would be extremely difficult, if not impossible, to
present justification which would withstand public scrutiny without dis-
closure of cwAstine activities; and,
(3) It is impossible that any such request would be favorably
received in view of current political considerations as they might be
expected to influence the Administration, the Congress, and the public.
NCIIiSIONS
a. Legislative action to establish maximum limitations on the size
of the career staff is neither necessary nor desirable. Such limitations
should be administratively imposed by the Director.
b. The Agency's Regulations governing sqpamtdons are adeTwte
for all types of separations except an extensive and general reduction in
force and do not require additional legislation for effective implementation.
C. The Agency should not seek legislative exemption from the
Veterans Preference Act.
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Outside Appeals
The Veterans Preference Act establishes the right of Agency employees
with veteran pre2erence to appeal separation actions to the C. S. Civil
Se ice Commission. This right conflicts with the principle that external
review of the Agency's personnel activities is undesirable. A1thoh the
Director's special authority might be used to avoid the possiblity of
external review of all separation actions, it has been the practice of
the Director to employ this special authority only in those cases involving
sensitive information and in certain cases involving personal misconduct
or indiscretion. It appears that this practice has been satisfactory
avoiding undesirable disclosure of information thcah employee appeals..
outside the Agency.
The Agency has not yet used general reduction in force procedures as
prescribed by the Veterans Preference Act, although it has encountered
reduction, in force problems, some of them sever, in certain units.
Those separation cases which have offered the possibility of appeal
tc
the Civil. Service Commission have involved consideration
onl- y of the
employee's performance in his position or his conduct. Appeals fr r
duction in force actions are not concerned solely with a particular
Individnal but may involve information concerning other employees and a
rare of Agency activities, Although selective use of the Director ? s
special aeathority, as described above, would solve the outside appeal
problem in reduction in force actions, the citation of this authority.
might- reflect unfavorable upon the individual so separated. Nevertheless,,
it would seem that the need to protect sensitive information must
given primary consideration.
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Reduction in Force
The special status accorded veteran preference employees in
reduction in force would be in some conflict with a merit system in
this Agency or in any other organization,, However, it must be recog-
nized that veterans preference was given in recognition of the Nation0a
obligation to these iidividuals? It was not designed to further the
effectiveness of Goverment operationsE, Briefly, the Veterans Preference
Act provides that individuals who have performed active military service
in certain emergency periods and certain members of their is mediate
families (widows, dependent mothers, or wives of seriously disabled
veterans) will be granted special consideration in reduction in form.
The rulings of the Civil Service Commission which administers the Act
have the force of law and are binding on CIA, This consideration extends
to a prohibition against the retention of a non-veteran preference employee
in any position for which the veteran preference employee is qualified,
unless it can be demonstrated to the satisfaction of the Civil Service
Commission that the retention of the non-veteran is justified on the basis
of the "efficiency of the service".
Reduction in force regulations under the Veterans Preference Act
provide that employees will compete for retention within groups established
by the Agency In consideration of geographic and organizational factors as
well as by occupation and grade. The manner in which the Agency established
retention groups would be subject to review by the Civil Service Commission
in connection with its consideration of individual appeals,
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