OGC DRAFT RESPONSE TO MR. (Sanitized)-REQUEST FOR BACK PAY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82-00357R000600130011-4
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 1
• Document Creation Date: December 9, 2016
• Document Release Date: April 24, 2001
• Sequence Number: 11
• Publication Date: October 3, 1977
• Content Type: MF

Approved For Release 2001/05/23 : CIA-RDP82-00357R000600130011-4
3 October 1977
I 3RA DU,4 FOR: Executive Assistant, Office of Personnel
TATINTL Mal
Re., v ew Staff, OP
SUBJECT : OGC Draft Response to Mr
for Back Pay
- Request STATI ITL
1. 1 have a problem with the third reason (last three lines of
the third paragraph) for denying the claim that in any event. . . it
is doubtful. . . that retroactive relief in the form of back pay
could be granted. . . 'y
2. If this applies only to this Agency's policies in that we
don't grant retroactive promotions (except in EEO cases) I guess it
is okay. However, if it refers to government policy, I think it is
in error. CSC bulletin 300-40, dated 25 May 1977, states "the
General Accounting Office affirmed its decision (B 183086 of
December 5, 1975) awarding back pay for retroactive temporary
promotions of ean})loyees detailed to higher graded positions beyond
120 days, . . . "etc. It goes on to say that temporary promotion. is
the mechanism for providing back pay award to an employee who has been
iroperly assigned. . . without appropriate compensation.
3. I think the letter stands without this particular reason and
I would be concerned that citing it could bring about further
discussion. The basic reason why the claim doesn't qualify under the
Comp Gen Decisions is that the Agency is not part of the competitive
service and is exempt from the CSC rules applying thereto, and we
have no rules of our own which would require we make t rary
tzonsTbf'c~sate back in such cases. On the contrary
. r . 2~y our regulations provide for assignments to higher graded positions
withoutcorr6spofidng promotions.
4 7-
Approved For Releas 6123 "CtA-'RDP824 b357i