EFFECTIVE DATES CONCERNING GENERAL WALTERS AS DEPUTY DIRECTOR

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80M01066A001400270003-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 16, 2016
• Document Release Date: March 3, 2005
• Sequence Number: 3
• Publication Date: April 18, 1972
• Content Type: MF

Approved For R a 200.5/03/24: CIA-RDP80M01066AW400270003-7
18 April 1972
MEMORANDUM FOR: Director of Personnel
SUBJECT : Effective Dates Concerning General Walters
as Deputy Director
1. The President signed the commission appointing, General
Walters as Deputy Director on. 11 April 1972. General Walters has
not taken the oath required by law _of new appointees (5 U. S. C. 3331).
These facts present the need to determine the date.on which General
Walters' entitlement to pay as Deputy Director begins. That date
would also be the date upon which his authority and responsibility as
Deputy Director begin.
2. The leading decision of the Comptroller General pertaining
to these questions (20 Comp. Gen. 90), in turn based on two earlier
Supreme Court decisions, holds that "officers appointed by the Presi-
dent by and with the advice and consent of the Senate" (the DDCI is so
appointed) are entitled to compensation "from the date of acceptance
of the appointment after the issuance of the commission".-"There
"must be some affirmative action on the part of the nominee to show
his acceptance of the appointment after the issuance of the commission
by the President". That opinion and those quoted or referred to therein
do not attempt to prescribe actions which could constitute acceptance
of the appointment. But it is apparent that acceptance is not contingent
upon the taking of the oath.
3. It is our view that if it is determined that General Walters
has performed the duties of the office since at least the date of the
commission, he would have accepted the appointment as of that date
and would be entitled to pay at the beginning of that time. Conversely,
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if it is determined that his activities to date have been by way of
preparing himself for his new duties and if, at the ceremony on
taking the oath of office, it is indicated that he is beginning to
exercise his now duties, his entitlements and authority would begin
as of that date.
25X1
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SENDER WILL CHECK CLASSIFICATION TOP AND BOTTOM
I UNCLASSIFIED OFPIGIAL ROUTING SLIP
TO
NAME AND ADDRESS
DATE
INITIALS
1
Dr. Howard M. Ehrmann
2
qs
3
4
5
6
ACTION
DIRECT REPLY
PREPARE REPLY
APPROVAL
DISPATCH
RECOMMENDATION
~
COMM HT
FILE
gETURIY
CONCURRENCE
INFORMATION
SIGNATURE
Remarks:
Per our conversation of recent date, here
is a copy of a memo by
discussing effective date of pay of the DDCI.
You will note that the Director put out a
notice indicating that General Walters became
DDCI effective 2 May 1972 upon his swearing
in on that date.
John S. Warner
FOLD HERE TO RETURN TO SENDER
FROM: NAME, ADDRESS AND PHONE NO.
DATE
OGC 7 D 01 Hqs
.'
;/3/72
UNCLASSIFIED CONFIDENTIAL
-~-- - ~I ~
SECRET
FORM bO. 23 7 Use previous editions
1-67 J
Approved For Release 2005/03/24: CIA-RDP80MO1066AO01400270003-7