THE ATTACHED STAFF PAPER ON REMOVAL AUTHORITIES, STAFF REDUCTIONS AND OUTPLACEMENT IN THE MILITARY DEPARTMENT INTELLIGENCE COMPONENTS(SANITIZED)
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP90-00530R000400690001-7
Release Decision:
RIPPUB
Original Classification:
C
Document Page Count:
3
Document Creation Date:
December 22, 2016
Document Release Date:
October 4, 2012
Sequence Number:
1
Case Number:
Publication Date:
December 21, 1988
Content Type:
MEMO
File:
Attachment | Size |
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Body:
Declassified in Part - Sanitized Copy Approved for Release 2012/10/04: CIA-RDP90-00530R000400690001-7
CONFIDENTIAL
MEMORANDUM FOR THE RECORD
The attached staff paper on removal authorities, staff
reductions and outplacement in the Military Department
Intelligence Components was developed by based on
interviews and the data in the file which was provided by Al
Ressler of the DCSINT Staff. The staff paper was reviewed
and concurred in by the interviewee in terms of accuracy in
reporting views expressed in the meetings.
Declassified in Part - Sanitized Copy Approved for Release 2012/10/04: CIA-RDP90-00530R000400690001-7
Declassified in Part - Sanitized Copy Approved for Release 2012/10/04: CIA-RDP90-00530R000400690001-7
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REMOVAL AUTHORITIES, STAFF REDUCTIONS, AND OUTPLACEMENT
Military Department Intelligence Components
Removal Authority
The authority of the heads of the military departments to
remove from service civilian employees of their respective
departments is derived from their basic authority to appoint and
from a delegation by the SECDEF of his authority under PL 99-569,
Sec 1590. Under Sec 1590, a determination must be made that action
to terminate is in the best interest of the U.S. and that
procedures prescribed in other provisions of law cannot be invoked
in a manner consistent with the national security. SECDEF is also
authorized to remove under the provisions of 5 USC 7532, when in
the interest of national security or the U.S., but this authority
has rarely been used in the past.
Removals for cause or for unacceptable performance may be
appealed to the MSPB by preference eligible employees and by
non-preference eligibles who have career status. Others have no
appeal rights outside of DoD. Removal for reasons of national
security are not appealable beyond SECDEF.
Actual removals within the military services are rare,
averaging not more than four or five per year for all three
services. However, about an equal number resign when faced with
proposed action to remove. Termination of employees within the one
year trial period average about 15 per year, with about another 45
resigning in lieu of termination.
The military services are required to follow adverse action
procedures as prescribed by OPM in FPM Chapter 752. Appeal rights
are also as prescribed by OPM and other provisions of law. Each of
the military services has its own set of regulations and procedures
which implement these provisions and which are applicable to the
intelligence arms of the respective services. Under the new
Civilian Intelligence Personnel Management System (CIPMS), an
attempt will be made to standardize these procedures for the three
service intelligence activities.
General Staff Reductions
If faced with significant budgetary constraints or manpower
reductions, the military services would implement such measures as
not filling vacancies, cutting back or eliminating hiring,
combining functions (therely moving people off existing jobs), and
centralizing missions and functions. They might also request
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Declassified in Part - Sanitized Copy Approved for Release 2012/10/04: CIA-RDP90-00530R000400690001-7
Declassified in Part - Sanitized Copy Approved for Release 2012/10/04: CIA-RDP90-00530R000400690001-7
authority to offer early optional retirement, and, as a last
resort, would implement a reduction in force (RIF).
Each of the military services is subject to OPM regulations
regarding RIF procedures as outlined in FPM Chapter 351. Again,
each service has published its own implementing regulations which
are applicable to their respective intelligence activities. Under
CIPMS, each service will continue to publish its own regulations as
they pertain to the intelligence activities, but they will be
common rules.
The military intelligence activities have no real experience
with RIFs, save for an occasional job abolishment. However, when
INSCOM moves its headquarters to Ft. Belvoir next summer, 175
support jobs at Arlington Hall Station will be eliminated. Early
out authority will be requested and it is expected that most others
who do not elect or are not eligible to retire will be placed
somewhere. If not, a RIF will be necessary.
Outplacement
The military services do not have an outplacement program for
terminated or removed employees. With respect to retirees, a
retirement planning seminar is offered, but no outplacement help is
provided. In instances of removals for security reasons, in
accordance with DoD policy, a threat analysis is made as part of
the removal process and the respective head of the intelligence
service is involved in making a determination regarding disposition
of the case. Termination or retention in a cleared or uncleared
status could result.
Adequacy of Current Procedures
Adequate authorities are in place to allow the military
service intelligence activities to deal effectively with removals
of civilian employees. Existing procedures to handle removals,
staff reductions and adverse actions may be modified somewhat under
the new CIPMS program, but will be in accordance with authorities
granted under PL 99-569 and will be consistent with the three
military service components. Additional authorities for the SECDEF
or the military components to "select out" are not required and are
not sought.
Although the military intelligence activities do not have
outplacement programs, consideration should be given by each to
establish some kind of outplacement assistance for all separated
civilian personnel, including retirees if they wish to participate.
354/ September 29
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Declassified in Part - Sanitized Copy Approved for Release 2012/10/04: CIA-RDP90-00530R000400690001-7