PREPARATION FOR BOOK DISPATCH

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-00639A000100020004-7
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 3
• Document Creation Date: December 9, 2016
• Document Release Date: August 9, 2000
• Sequence Number: 4
• Publication Date: September 9, 1958
• Content Type: MEMO

9 September 1958
MEMORANDUM FOR: Special Support Assistant to the
Deputy Director (Support)
SUBJECT Preparation of Book Dispatch
1. The Office of General Counsel opinion quoted below advises that a
separation allowance may be granted where it appears that the condition
requiring the separation will continue for a period of ninety days, even
though the separation does not in fact continue for ninety days. This
Office of General Counsel opinion reverses a previous opinion issued by
that Office.
2. In order to assure that all field personnel are apprised of this
change, it is requested that a book dispatch be prepared for Chiefs of all
Stations and Bases incorporating the following Office of General Counsel
opinion:
a. An opinion has been requested as to whether an employee,
granted a separation allowance in accordance with Section 260 of
the Standardized Regulations (Government Civilian, Foreign Areas),
whose, dependents are subsequently allowed to join him because of
the termination of the conditions requiring separation, and who
join him less than ninety days after the grant, must refund the
amounts he received under the grant.
b. Separation allowances are granted Agency employees under
authority of the KUBARK Act, Section 5(b), and Executive Order
10100, and must conform to the Standardized Regulations. We must
therefore look to the Standardized Regulations for authority to
make a grant of less than ninety days.
c. Paragraph 262.32 of the Standardized Regulations reads as
follows:
1 "A separation allowance shall not be granted where the
condition which meets any of the requirements of Section 262.1
appears to require separation for a period of less than 90
consecutive calendar days. After expiration of the 90-day
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SUBJECT: Preparation of Book Dispatch
period a grant previously disapproved under this section may
be made for the entire period of separation (subject to the
provisions of Section 264.1) if the condition necessitating
separation continued for a longer period."
The problem is, then, whether the words "appears to require" mean
that the entire paragraph is to be read as a condition precedent
or whether the paragraph means any grant for less than ninety days
is void ab initio. We think it is a condition precedent. Where
the situation requiring separation truly appears to require it for
ninety days or more but by chance turns out not to, we think the
condition of paragraph 262.32 has been met.
d. A word of caution: The word "appears" is to be taken to
mean "appears to the official approving the grant," and this appear-
ance must be reasonable, and in good faith. Therefore, grants which
may turn out to be for less than ninety days should be subjected to
close security, both before and after the fact, in order to prevent
abuse. We are transmitting a copy of this opinion to the Director
of Personnel with a recommendation that he assure compliance with
the standards of good faith and reasonableness.
e,. In our memorandum of 1 August 1957 to the Chief, Finance
Division; subject - Separation Allowance, we stated: "Under Section
262.32 . . ., separation allowance is not to be paid when the period
of separation is less than 90 days." To the extent that the opinion
stated in that memorandum is inconsistant with the above (with
respect to grants approved before the termination of the period of
separation), it is modified.
f. Also the following question has been posed: "whether the
granting of a Separation Allowance 'for the convenience of the
Government' as set forth in Section 262.1 of the SGAR's constitutes
an administrative decision to be made by the Director of Personnel
or his designee based on such evidence as he deems material and
relevant to establish the fact that the separation is 'for the con-
venience of the Government."' We view the expression "for the con-
venience of the Government" as a mere descriptive headline. The
actual substance of the provision (subparagraph d) follows this
expression. Read in conjunction with the preamble of paragraph
262.1, subparagraphs d(l) and (2) clearly convey the thought that
the existence of the conditions warranting the separation is to be
determined administratively. An officer delegated authority to
approve allowances may make the determination on the basis of what-
ever considerations he choses to entertain, so long.as he is not
arbitrary or capricious and does not otherwise abuse his discretion.
You will note that subparagraph d(2) provides very great latitude
for a determination that a separation is "in the interest of the
Government."
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SUBJECT: Preparation of Book Dispatch
3. The Office of General Counsel is aware that this construction of the
regulations could lead to some abuse in the determination of when a condition
"appears" to require separation for the required length of time. Therefore,
they have submitted this matter to the attention of the Director of Personnel
with the recommendation that every precaution be taken to assure compliance
with the standards of good faith and reasonableness set forth in this decision.
Chief, Finance Division