PROPOSED REVISIONS OF (SANITIZED) PERSONNEL EVALUATIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82-00357R000600170049-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 19, 2016
• Document Release Date: March 8, 2001
• Sequence Number: 49
• Publication Date: September 7, 1973
• Content Type: MF

Approved For Release 2006/09/28: CIA-RDP82-00357R000600170049-8
OGC Has Reviewed 'Ne
OGC 73-1683
7 September 1973
MEMORANDUM FOR: Chief, Regulations Control Staff
SUBJECT : Proposed Revisions of
I Personnel Evaluations
REFERENCE : Memo fr C/Regulations Control Staff,
same subj. , dtd Z3 Aug. 73
Referent memorandum was sent to this Office for in-
formation. We recommend the following:
STATI NTL
1. The current Ocontains no statement as to the
statutory authority for the promulgation of Agency personnel
regulations. Our search of the laws does not disclose any explicit
statutory authority for such regulations. However, it is our opinion
that that authority is certainly implicitly established by three separate
sections of Title 50 of the Code as follows:
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 5 U. S. G. A. 302 (b) states, in part, that:
In addition to the authority to delegate con-
ferred. by other law, the head of an agency may
delegate to subordinate officials the authority
vested in him-
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-we
(1) by law to take final action on matters per-
taining to the employment, direction, and general
administration of personnel under his agency.
The term "agency" as used in this section is defined at 5 U. S.C.A.
5721, which states that "agency" means, among other things, "an
Executive agency. " "An Executive Agency" is defined at 5 U. S. C. A.
105 to include "an independent establishment, " which is defined at
5 U. S. C. A. 104 to mean, in part, "an establishment in the executive
branch which is not an Executive department, military department,
Government corporation, or part thereof, or part of an independent
establishment. " As the Agency is not included in any of those
entities excluded from this definition, it must be deemed to be an
independent establishment and, therefore, 5 U. S. C. A. 302(b) is
statutory authority for our delegation of authority. Thus, it is our
opinion that there is legal basis for the subject regulations and
the delegations therein. Accordingly, we recommend that a state-
ment summarizing the above be included inlI (most likely in
. Such a statement might read as follows:
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 Approved For Release 2006/09/28: CIA-RDP82-00357R000600170049-8
STATINTL 2. The proposed policy for performance evaluation under
ontains the statement that:
Employees will be encouraged to attach a
written comment to their performance
evaluation when they feel that it will con-
tribute to the record of their job performance.
It is our understanding that this same provision is applicable to the 4ATINTL
proposed policy for performance evaluation under 1 1, here- fore, we recommend that the same statement be included in STATINTL
3. We recommend that the statement, "In accordance with
the provisions of this paragraph:" be added directly after the heading
of subsection b(6) RESPONSIBILITIES, so as to relieve any ambiguity
that those responsible must not deviate from the provisions of this
paragraph.
STATINTL
4. The proposedi states that, among other things,
the performance evaluation is "... to provide an official record of
each employee's job performance in terms of Agency-wide criteria. It
As the Agency-wide criteria is currently undefined, we recommend
that the phrase "in terms of Agency-wide criteria" not be included
in the regulation.
5. We assume that the "competitive evaluation systems"
mentioned in paragraph a of proposed are the same as the
"comparative evaluation" discussed in paragraphs a(2) and c. We
recommend that the terminology be made the same.
office of General Counsel
,U6
Approved For Release 2006/09/28: CIA-RDP82-00357R000600170049-8