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December 20, 2016
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June 27, 2005
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August 13, 2001
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Approved For Release 2007/10/23: CIA-RDP92-00455R000300020002-8 IB T, -- r C >. r L: 1 L i'..J V:\:~ L I April AGENCY POLICY RuGA LpI.." 'T:~p. C N, SP t1V-C . G h No Field Counterpart ~. Agency poi- cy requires that ll t e r: with 4 cr--D nor. s ccr:c ~ti i p field 1assignmerits e Sri E ~Jr` t: staff position assi~r. me n is t o TT. ,- - . - ~' - o e, O', c.Q"" E-'s Ei 2:e ire -L It must be recognized, }2019..1='Er, that f` cl'a ~ lc`i1l lty Ci S'-' - able pos.itions cannot be guaranteec and sound personnel *^~~~_ r.:ent practices, e-.sur~n~ making inappronr; - e assi is `?-'-`': - employees g--1 erl for 2. PeTSOPM-C~-' resro7, F_'-2, e for _on2-ran ge F,1 a n e;-ery _,,,nsi derat~on to no - e plc mac- p e. C: r Cyr 4~:_ rea '71 men }pro E:Fsin merits cann. t be de,elcn,:d G` j- ._.-... .. ... ~- _ -erE~-- - 5 _ T!-iis Vc :`1 a f c_. a~ have. sllC..~..ces , cr .. , a C Z, at esCG,.: . p ay- r _ .... 01 Agency employees to assn r 1%.... th wi represen i ..ior, If east; Approved For Release 2007/10/23: CIA-RDP92-00455R000300020002-8 Approved For Release 2007/10/23: CIA-RDP92-00455R000300020002-8 4. Effectile with e ruI cation: c s r.cz_ ` r. provisions concerning Ll'OP pQ"is} are as fall ws a. When a staff elmp2 o~ee/spouse i~ accompan ing an employee to a post as a ~.e-;ender -E, the- Spouse be grante I.-~:~_ l _ c5 Eave wit pay _ e~ _ t e exnira___,. f a:c rued a-_rlual leave- b f a osi _i o.Z T staff or Con tract, for spouse not identified prto the exnirat1.C`?, of a it S o spouse be cow , _ _ t2C o l'!~.~ contract status. ~.3 con ra t act ons 1;i l he accomplishes at headquarters co no1C._ t resnons i - Ie for tr field installation tC ~ hi_h the sponso is bei. assigned riot to departure for the field. the h''-,,E contract ma by used by the field installation to empio; the snousF at any subject to ::?ac: carters approval of prc CSe.. rate of na,,' are Schedule of work to be DCT fGr..__-. S a sta.__ I ,e converted to 14'A_ contract status without a break in service, the spouse Cortlnu? to he C. ve under the Civil Service R._ r emen _ 3\ t ej- ar_d accrue ci for Yeti reme 'D i-I Z, ~-had de ucton5 will be made for hours worker. FEGLI anL h: alth insurance ben is Continue 0T a i!?_n i1 11?,',.i-- cf one year stiith no emn ovee contributions. LWO: followed by },'1;,_ Contract status to accommany 2r. Ci+1i llvee Ll: -_ S _ _ _ea? ..c- r_ be [ive _r er 4,, _o _ _ s _Z u. wh t7._ sr?ons head'cuarrex; . .ei r _ t t~ _ taff _ tat-wsMw-.1_ in _acme Career Service G+, f_ -__ - , _..-_ .,. i.?~ _ _ a r.o___n _. ` c' art_ _ et,. :. _,. r'osi ti .. oc._ :i sec ` a7-;C aCCC'; 5"iec a e to u t\'. The el:^to' ee Ybe Yes on S "+., e for m n z_7 .~ fu_??_ _-=r. -,7_4 to '' a-t._re for a ?. ,. as_ ignore- The staff emm _CV ee~ sDou5E ill be ex et d' `e to n to work no llater tna_n _ 50 days aft r 're t . return to the the headquarters area. i'S ' ! I S ONLY Approved For Release 2007/10/23: CIA-RDP92-00455R000300020002-8 Approved For Release 2007/10/23: CIA-RDP92-00455R000300020002-8 3 April }._. d. if the employee is transferred laterally- to other field location z c Crouse will be gi' . %e`' priority consjde~atior fo Carcjes for whit e. qualified which may exist et the subsequent posts of assignments . A lateral assi(;nment does not affect commitm;?rt to snc se for reir_state;,:e t to staff status on re ..urn t he: to ._ guar t-er:.. . 5 ? Employees who are c rrently on LIMP Or in contrac: empl ogee status who were pro.- s ?d under the l.WOP provision PI Ces-: o under the ne-,- -c;, WHIL 979. are also covered by the new po licy but the r c::rrent status wit 1 not be ,-e ;, d ur i t e next -t they are transferred. Re , - __' e. e t 1 .,..__ q~es _ :r extension. o= `he cu - g - ran,-of Ljt'OP at tributablF to r. _~L e a ns1^,*I~ in e?. .?`' e a r s a p o s ._ - be> tours same _ - ateral transfers I- - De ?ii = ro ar .:c..~_-- -e_nt_r:--t ADM IR'?ST'RFT 1 - - INTERNAL USE Approved For Release 2007/10/23: CIA-RDP92-00455RONILY 000300020002-8 Approved For Release 2007/10/23: CIA-RD fP92-00455R000300020002-8 7/22/82 Irene : I talked this morning with Tom Douglass, Technical Guidance Division, EEOC (631-6855). He stated that an allowance,or other entitlement that an individual would have been eligible for, can be included in the settlement agreement adjust- ment of complaint. waft p. Approved For Release 2007/10/23: CIA-RDP92-00455R000300020002-8 Approved For Release 2007/10/23: CIA-RDP92-00455R000300020002-8 0 Title 29-Labor informed decision on the hail, if available, be record. c in the investigative file, this subpart, the term in. iiie" shall mean the various and information acquired investigation under this eluding affidavits of the t. of the alleged discrimi. cial, and of the witnesses of, or extracts from, re- cy statements, or regula. agency-organized to show ice to the complaint or the ?ironinent out of which the 'rose.) If necessary, the in- u'y obtain information re- membership or nonmem- a person in the complain- by asking each person con- eovide the information vol- -, shall not require or coerce rc to provide this informa- )hector of Equal Employ- r't i.nity shall arrange to the person conducting the n a written authorization: -estigate all aspects of com- iscrimination, (2) to require es of the agency to cooper- n in the conduct of the in- and (3) to require employ- agency having any knowl- matter complained of to imony under oath or affir- iout a pledge of confidence. commission may assume re- for the investigation of or all of an agency's com- n the execution of a memo- f understanding to this the agency. The agency use the Commission for all b erred in connection with c;ation. The Commission d to the agency upon com- ae investigation the investi- and the recommended dis- re agency shall adopt as its sposition of the complaint >sion's recommended dispo- x within 30 days after the rives the investigative file fended disposition the com- ceo informally adjusted in With ? 1613.217(a), or the notified the complainant 21 efC 1613.216 (b) If an adjustment of the com- plaint is not arrived at, the complain- ant shall be notified in writing: (1) Of the proposed disposition of complaint, (2) of his right to a, hearing and deci- sion by the agency head or his desig- nee if he notifies the agency in writing within 15 calendar days of the receipt of the notice that he desires a hearing, and (3) of his right to a decision by the head of the age..rcy or his designee without a hearing. (c) If the comolai;iant fails to notify the agency of his wishes within the 15- day period prescribed in paragraph (b) of this section, the appropriate Equal Employment Opportunity Officer. may adopt the disposition of the complaint proposed in the notice sent to the complainant under paragraph (b) of this section as the decision of the agency on the conm.plaint when dele- gated the authority to make a decision for the head of the agency under those circumstances. When this is done, the Equal Employment Oppor- tunity Officer shall transmit the deci- sion by letter to the complainant, and his representative which shall inform the complainant: of his right of appeal to the Commission and the tinr~e limit applicable thereto and of his right to file a civil action as described in. ? 161.3.2131. if the Equal Employment Opportunity Officer does not issue a decision under this paragraph, the complaint, together with the com- plaint file, shall be forwarded to the head of the agency, or his designee, for decision under ? 1613.221. (Sec. 717 of Title 11 of the. Civil Rights Act of 1964, 42 U.S.C. 2000e-16, Reorganization Plan No. 1 of 1978 (43 FR 19807) and Execu- tive Order 12106 (44 FR, 1053)) (37 FR 22717, Oct. 21, 1972, as amended at 37 FR 25699, Dec. 2, 1972. Redesignated at 43 FR 60901, Dec. 29, 1.978, and amended at 45 FR 24131, Apr. 9, 19801 ? 1613.218 Hearing. (a) Comlplaints examiner. The hear- ing shall be held by a complaints ex- aminer who must be an employee of another agency except when the agency in which the complaint arose is: (1) The governrnant of the District of Columbia or, (2) an agency which, by reason of law, is prevented from di- Chapter XIV-Equal Employment Opportunity Comm. of its own proposed disposition in ac- cordance. with ?1613.217(b). (42 U.S.C. ? 2000e-16(b), President's Reorga- nization Plan No. 1 of 1978, Executive Order 12106) [37 FR 22717, Oct. 21, 1972. Redesignated at. 43 FR 60901, Dec. 29, 1978, and amended at 44 FR 40499, July 11, 1979; 44 FR 45623, Aug. 3, 19791 ? 1613.217 Adjustment of complaint and offer of bearing. (a) The agency shall provide an op- portunity for adjustment of the com- plaint on an informal basis after the complainant has reviewed the investi- gative file. For this purpose, the agency shall furnish the complainant and the complainant's representative a copy of the investigative file promptly after receiving it from the investiga- tor, and provide opportunity for the complainant to discuss the investiga- tive file with appropriate officials. If an adjustment of the complaint; is arrived at, the terms of the adjust- ment shall be reduced to writing and made part of the complaint file, with a copy of the terms of the adjustment provided the complainant. An infor- mal adjustment of a cc?m 1 in in- clude an i` yf ha.r?lr rv ,, ' t. ,ornev s fees or o per a.nnr ~nriate relief. Where tie parties agree on a7 a ment of the complaint, but cannot agree on whether attorney's fees or costs should be awarded or on the amount of attorney's fees or costs, the.issue of the award of attorney's fees or costs or the amount which should be awarded may be severed and shall be the sub- ject of a final decision under 1613.221(d). The decision of whether to award attorney's fees or costs or of the amount to be awarded may be the subject of an appeal to the Commis- sion under the provisions of ?? 1613.231 through 1613.236. If the agency does not carry out, or rescinds, .any action specified by the terms of the adjustment for any reason not at- tributable to acts or conduct of the complainant, the agency shall, upon the complainant's written request, re- instate the complaint for further proc- essing from the point processing ceased under the terms of the adjust- ment. Approved For Release 2007/10/23: CIA-RDP92-00455R000300020002-8 STAT Approved For Release 2007/10/23: CIA-RDP92-00455R000300020002-8 Next Page (s) Next 5 = Page,(s) In Doc u ment Denied Approved For Release 2007/10/23: CIA-RDP92-00455R000300020002-8 Approved For Release 2007/10/23: CIA-RDP92-00455R000300020002-8 0 .?. 7/22/82 :onim. :k 9 CF