EMPLOYMENT REVIEW BOARD AND PROCEDURES

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Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP81-00728R000100010023-7
Release Decision: 
RIPPUB
Original Classification: 
R
Document Page Count: 
41
Document Creation Date: 
December 20, 2016
Document Release Date: 
October 2, 2000
Sequence Number: 
23
Case Number: 
Publication Date: 
October 10, 1947
Content Type: 
REGULATION
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PDF icon CIA-RDP81-00728R000100010023-7.pdf4.28 MB
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Approved For Release 2006/11/06: CIA-RDP81-00728R01001~ 7 O 11IEWED STA1 I NTL STA1INTL STATI NTL RESTRICTED ..IJAL 1 INTELLIGECE AGENCY Wasiiingtoii, D.. C. ADI IlTISTRATIVE IITSTRTJCTION n 10 Octob~ SUBJECT: Employment Review Board and Procedures (This rescinds Administrative Instructiondated 31 J l 1 ~ u y 9 7) . 10 Sub-paragraph (C) of section 102, National Security Act of 194x7 (Public Law 2~ ,3 - 90th Congress), is quoted below: "Notwithstanding theprovis on of section 5 of the Act of August. ?4, 1912 (37 Stat? 555) or the: provisions of any other law, the Director of Central Intelligence may, in his discretion, terminate the employment of any offi- cer or employee of. the Agency whenever ho :'shall doom such termination necessary or a dvisdble in the interests of the United States, .but s?wch termination shall. not affect the right of such-officer or emplo*,yap. to ? seek or accept employ) nt in any other department or. - r, agency of .the Govern.-. mont if declared eligible for suckr employment by the United States Civil Service Commission. It 2. This section was enacted to enable the CIA to maintain high' personnel standards essential to a national intelligence agency. 3. To pro'tiTide an' impartial r?eviorr, and ad-,rice to the Director in the just and equitable oxercioe of his discretionary power' under the Act quoted above, an Em-ploynent Review Board is hercby- appointed to. consist of: Executive Director Chief, Advisory "- ' Chairman o.ry Council - 1.1ambcr Chief, ICAPS 'Executive or Adninis -' I1elnber ? tra.tion P7ernbor and Recorder and I;Tarago;aer_t General Counsel ,Xccutirc for Inspection Law mer.'ber without no e rznd S eour ty - Advisor to the Board Each Assistant Director with-out vote Alternate; no by rs.. to sit with the Board at the die-. cretion of. the chairman should throb regular voting monLors not be available. ~? a. Every caso' invoiving involuntar`y' termina employee `will be forwrrdcd by the head of the ai,nropr ^to Off, TA ficc o Section to the Chief, Personnel Branch, A&M, together' with all clidd Staff ble reports of investigation and other ?~Pca portWnent records, (3o9L) RESTRICTED Approved For Release. 2006/11/06; CIA-RDP81,-00728R000100010023-7. Approved For Release 2006/11/06: CIA-RDP81-00728R000100010023-7 pended from dut , n0 d 1y the individual concerned that j,.i an (1) The case will be consided b t eryhe Board within two weeks after date of the notice, (2) II! rn SM~nw f.~ _ +. VULUl ction with suspension notices should ,be made to the Chief, Pe~sonnel`Relations Division, Personnel Branch.' (3.) The employee may submit to the Per sonnel Relations Division, Personnel Br . ' c an h a writttatn !en semet to be con- sidered by the Board o r the Bo a request to appear An person before ard. No individual will b r e b ought t Whin oasgton at government expense to appear before the Board, -6- wwu?ras are forwarded to the Board the Chief Personnel Branch will f s,consideration, b if the Chi ef r t , Pe ive ministra sonnel:Branch,"determines that final ad- action by his office i forward'the record s not feasible; he shall immed directly to the Hoard fe it iatel9 er the provisions of this notice the following information: in the d. Suspension not ices will bee hom , snt by registered mail to the eipt.ddreas.;of the individual being suspended, requesting return re- a. Ascertain at' the e arliest pratibl des .ccaeate, th name of suspended individuals, who desire to make statements in per son b of ore the Board rani wi i i .,,,.... _ _ _ eaz' ~ _ "ro' r.~ clurleuule ror such anees directly ~j+h +Ho n.,-3 b: The Board will i ,,-Ciuestiing suspension and n individual otificat concer;.ied as provided by to;the.Board e or inspection and Security may refer directly will any case arising within the scope of. his. ,immediately inform +w,. tt J functions. He 5. ' The Exec,ltiv , a gr- c c~m,me~it. =Tho complete no uding the Lavr membef' :'and ... ljoud. ~u1.:3ad rSclu ? Pi 3 ps.tueu vy each voting member of the Board, noting concurrence ,or non concurrence in each case, A ray member i' 1 and such additional :evidence an mswo ea ts of individuals concerned, .~A ing voluntar B VI__ full consideration to each caseinclud? y Witten o? . verbal t t ~, Approved For Release 2006/11/06.: CIA-RDP81-00728R000100010023-7 6. The Chief, Personnel Branch, will: RESTRICTED record: of each case considered by the Board rill' be attachedto the Board's reeomriendations for the information of the Director. 8. The Director's determination in each' case will be final. If R. H. HI LLENKOETTER Rear Admiral USN Director of Central Intelligence RESTRICTED of Section 102 of the National Security Act of 1947, without further amplification, by order of the Director under authority granted by sub-paragraph (c) Civil Service Commission will state only that., separation is accomplished his decision is to terminate employment, notice of separation to the A~S'r6ved"for?lelease 2006/11106: CIA-RDP81-00728R000100010023-7 CENTRAL IN ELLIGENCE AGENCY Washington. D. C. ADMINISTRATIVE INSTRUCTIOP7' E" r RI(TE~J STATINTL NUMBER 14 NwFmber 1947 SUBJECT: Employment, Review Board and Procedures STATINTL (This rescinds Administrative Instruction dated 10 October 1947) q 1, Sub-paragraph (c) of Section 102, National Securit 1,47 (Public Law 253 ?. 80th Congress), is quoted below:' Y Act of "Notwithstanding the provisions of section 6 of the Act of August 24, 1912 (37. Stat. 555) or tho of ant,,- other law . provisions , the Director of Central Intelligence may, in his discretion, terminate the employment of any officer or employee of the Agency whenever he shall deem such termination necessary or advisable in the interests of the United States, but such termination shall not affect the right of such officer or employee to seek or accept employment in any other department or agency of the Government if declared eligible for such employment by the United States Civil Service Co1'nission.n 2. This section was enacted to enable high the CIA to maintain personnel standards essential to a national intelligence agency, 3, To provide an impartial review, and to advise the Director in the just and equitable exercise of his discretionary power under the Act quoted above, an Employment Revie Board is hereby appointed to consist of:. Executive Director ?T Chairman Chief, Advisory Council Member' Chief, SCADS Executive for Administration r,. Member ember an Management P,~ember General Counsel -~" Law member without vote Executive for Inspection I W49 and Security .Advisor to the board without Assistant to the E vote xecutive ?. Recorder without vote Director Assistant to the Chiefs ` ... " Alternate Recorder without Advisory Council vote Each Assistant Director ern Alternate members to sit with the > Board ' at the dis cretion of the chairman should three regular voting members not: be available, (399) RESTRICTED. :. `. Approved For Release 2006/11/06: CIA-RDP81-007288000100010023-7 2 RESTRICTED 4. a. Every case involving involuntary termination of a CIA employee will be forwarded by the head of the appropriate Office or Staff Section to the Chief, Personnel Branch, A&M, together with all applicable reports of investigation and other pertinent records. (1) If the Chief, Personnel Branch, determines that final administrative action by his office is not feasi- ble, he shall immediately forward the record directly to the Board for its consideration. (2) The Board will make a preliminary review of-each case and determine whether, in it;; opt-.-don, there is sufficient evidence to warrant for~:a 'card proceedings and 'recommendations to the Director, If formal board proceedings are not considered feasible, the chairman will return the records to the Chief,, Personnel Branch, stating, over his signature, that in the opinion of the Board there is not sufficient evidence to warrant Board action in the case. (3) If the evidence presented is considered sufficient for formal Board proceedings, the Chief, Personnel Branch, will be informed in writing by the chairman of the Board, who *.-.ill instruct hire to place the indivi- dual concerned on leave under the provisions of this directive (with pay to the extent of accrued leave and without pay in excess thereof), and transmit to him a written notice including the following informa- tion; (a) 'That information has been presented to the Employment Review Board indicating the possibili- ty'that the termination of his employment with CIA may be necessary under the provisions of the law quoted in paragraph '1 of this directive. (b) That his case will be considered by the Board within ten days after date of notification. (In cases of individuals who are employed by CIA in other than the Washington area, the period of time will be extended to three weeks to enable the individual concerned either to appear at. his own expense or to submit a written statement for consideration). (c) Inquiries in connection with suspension notices should be made to the Chief, Personnel RelationsiUvision, Personnel Branch. (d) .The employee may submit to the Personnel Re- lations: Division. Personnel Branch, a written staterient to be considered by the Board or a rcduest appear in person before the Board. ' No indivi- dual will be brought' to.Washington at government ore the Board. expenre to ( Ii i lr.? Approved For Release 2006/11/06: CIA-RDP81-00728R000100010023-7 RESTRIMb (e) .The employee may resign voluntarily under circumstances indicated below: (1). At any.?time prior to the.JirectorIs action on recommendations of the Board. (2) When resignation is not submitted prior, to the Director's action, and the Director determines. that employment should. be ter- minated,:the Director may authorize that the employee; be afforded a further oppor- tuni ty to resign within 48 hours after re- ceipt of notification to that effect. In such circuistances, if resignation is not submitted within the indicated period, em- ployment will be terminated under the au- thority quoted in paragraph l above. (f) When circumstances permit, more specific basis for Board action will be specified by the chairman of the Board to be included in the notice to the employee concerned. c. The notices specified above will be sent by registered nail to the home address of the individual being placed on leave under these circumstances, with return receipt re- quested. d. Prior to the dispatch of notices to individuals, the head of the office or staff section in which the individual concerned is employed will be notified personally, either verbally or injriting, by the Chief; Personnel Branen, of the action initiated. 5_ The Executive for Inspection and Security may refer directly I n to the Board any case arising within the scope of n 2s functions. s such cases action ;rill: be taken by the Board in the same manner a are returned by the chairmanon the basis of insufficient evidence d ~7ecu + ~y will be return- d directly to the Executive i or Inspection an The Chief Personnel Branch, will: directive who desire to make statements?in person before the n_ Ascertain at the earliest practicable. date, the names Board, and will arrange. a schedule for such, appearances direct- ly with 'the Board recorder. .Forward directly: =tq the Board, recorder vritten state- b~. .. ments,received:from individuals placed on leave under the pro- visions-of this directive. (AL Approved For Release 2006/11 06: CIA-RDP81-00728R000100010023-7 RESTRICTED 7. In those cases where formal proceed. ngs are decided on, the Board will give full consideration to each case, including volun- tary-written or vorbal tri.temonts of individuals concerned, and such .'additional evidence as may be deemed necessary, and prepare a written recommendation to the Director. The recommendation will be signed by each voting nem'bor of, the. Board, noting concurrence or non--concur nonce in each case Any member including the'Law member and the Advisor may append tin individual' signed comment. The complete record of each case considorcd by the Board will be attached to the Boards recommendations for the information of the Director. g. 'The Directors s dotormina.tiOn in each case considered for- nally by the Board will be finatil; If his decision is to terminate employment, notice of separation to the Civil-. Service Commission will sto.to only that separation is accomplished by order of the Director under authority granted by ;pub-par;tgx^.ph (c) of Section 102 of the National Security Act of 1947, without -further amplification. ? lie HIL~OTKOETTER Roar Admiral, USN Director of Central Intelligence DISTRIBUTION; To all CIA employees, RESTRICTED -EP 5-4.2 QS .Pc Approved For Release 2006111/06: CIA-RDP81-00728R000100010023-7 RESTRICTED STATI NTL STATINTL CENTRAL I1,TrH LLIGENCE, AGENCY Washington, D.C. ADIUNISTRATIV E INSTRUCTION NUMBER SUB ~i,CT : Employment Reviev Board and Procedures (This rescinds Administrative Instru.otion dated 10 October 1947) a November 1947 1,, sub-paragraph (c) of Section 102,' National Security Act of 1947 (Public Law 253 - 80th Congress), is quoted below: "Notwithstanding the.provisions of section 6 of the Act of Au ust 24, 1912 (37 Stat.555), or the provisions of any other law, the Director of Central Intelligence may, in his discretion., ,terminate the employment of any officer or employee of the Agency whenever he shall deem such termination necessary or ,advisable in the interests of the United States, but such -termination shall not affect the right of such-officer or employee to seek or accept employment in any other department or agency of the Government if declared eligible for such employment by the United States Civil Service Commission,," 2. This section eras enacted to enable the CTA to maintain high personnel standards essential to a national intelligence agency. 3. To provide an impartial review, and to advise the Director in the just and equitable exercise of his discretionary pourer under the Act quoted above, an Employment Review Board is hereby appointed to consist of Executive Director Chief;, Advisory Council Chief., ICAPS Executive for Administration and i~MIanagement' General Counsel Executive for Inspection and Security Assistant to the Executive Director Assistant to the Chief, Advisory Council Each Assistant' Director (5590) Chairman Member Ir!ember -- Member -,. Law member vrithout vote Advisor to the board.without vote -- Recorder without vote Alternate Recorder without vote Alternate members to sit with the Board at the dis- cretion of the chairman should three regular voting ? members not be available. RESIVED Approved For Release 2006/11/06: CIA-RDP81-00728R000.100010023-7 Every case involving involuntary termination of a CIA a L . . ~ employee will be forwarded by the head of the appropriate Office or Staff. Section to the Chief, Personnel Branch, A U2, together id-th all ertinent records. d other ' ti p an on applicable reports of investiga 1) If the ChiefPersonnel Branch, determines that ( final administrative action by his office is not feasi- record directly d th e ble, he shall immediately forvvar to the Board for its consideration. (2) The Board will make a preliminary review of each t information has been presented to the Th a (a) Employment Review Board indicating the possibili ment with l oy ty that the termination of his emp CIA may be necessary under the provisions of the tive di h . rec is law quoted in paragraph 1 of t b) That his case will be considered by the ( Board within ten days after date of notification. ed by CIA lo ar y e emp (In cases of individuals who eriod of h e p in other than, the Washington area, t ill be extended to three weeks to enable i me vr t the individual concerned either to appear at his ment for tat n e s own expense or to submit a writte consideration)... uiries in connection with suspension rc) In q Relations Division, Personnel jjl'ancih. (d) The employee may submit to the Personnel 1 e- oa o equ -- - statement to be. considered by wic indivi N o appear in person before the Board. dual will be brought to Washington at government expense to appear before the Board. --- i - UCLOU ctaiu uv ~......~_.., ..--- - sufficient evidence to Tarrant formal board proceedings and recommendations to the Director, If formal board proceedings are not considered feasible, the chairman will return the records to the Chief, Personnel Branch, pinion of h h e o at in t stating, over his signature, t the Board there is not sufficient evidence to warrant Board action in the case ) If the evidence presented is considered sufficient (3 for formal Board proceedings, the Chief, Personnel Branch, will be informed in -v riting by the chairman of indivi- th e the Board, who will instruct him to place of this i ons dual concerned on leave under the provis t. of accrued leave te n directive (with pay to the ex d without pay in excess t'Zereof), and transmit to an him a written notice including the following informa- tions Approved For Release 2006/11/06: CIA-RDP81-00728R000100010023-7 ;RESTRICTED (e) The employee may resign voluntarily under circumstances indicated below: (1) At any time prior to the Directors action on recommendations of, the Board, (2) When resignation is not. submitted prior determines that employment should be -ter-_ the' Director may authorize that the employee be afforded a further oppo tunity to resign -within L8 hours after re- ceipt of notification to that effect? In such circumstances, if resignation is not submitted within the indicated period, em ployment will be tei'ininated under the au- thority quoted in oar, a graph 1 above, (f) When circumstances pormit, more specific basis for Board action will be specified by the chairman of the Board to be included in the notice to the employee concerned, ce The notices specified above will be sent by registered mail to the home address of the individual being placed on leave under these circumstances, with return receipt re- quested, d. Prior to the dispatch of notices to individuals, the head of the office or staff section in which the individual verbally or in writing, by the Chief, Personnel Branch, r.~f r dir r ly 5. The Executive for Inspection and Security ma e y for cases covered under paragraph' above except that recordsv4 hich Yvi-Lioe re'curnea airectly to the Executive for Inspection and Securityo 6o The Chief, Personnel Branch, will: a. Ascertain at the earliest practicable date, the names of individuals placed on leave under the provisions of this directive who desire to make statements in,porson before the Board, and will arrange a schedule for such appearances direct- 1Ywith the Board recorder, b, Forward directly to the Board recorder written state- ments received from individuals placed on leave under the pro visions of. this directive. RESTRICTED Approved For Release 2006/11/06: CIA-RDP8.1-00728R000100010023-7 recommendation to the Din:: ctor. The recommendation will be signed additional evidence as may be deemed necessary, and prepare a written the .Board' will give full consideration to each case, including volun- tary written or verbal statom3nts of individuals concerned, and such 7 , In those cases where, formal proceedings are decided on.,. of each case considered by the Board will be attached to the Board's Advisor may append an individual sign,d conmcnts The complete record ronce in each case. Any member including the Law member and the by each voting member of the Board, noting concurrcnco or non-concur- recommendations' for the information of the Director. 80 The Directors determination in each case considered for- of the National Security Act of 1947, without further amplificatior. Director under authority granted by sub-paragraph (c) of Section 102 will state only that separation is accomplished by order of the employment,' notice of separation-to the Civil Service Commission mally by the Board will be final. If his decision is to terminate R. I1. lILL? Tdh03T L'R Rear Admiral., USN Director of Central Intelligence DISTRIBUTION: To all CIA employees Approved For Release 2006/1,1/06: C;IA-RDP81-00728R000100010023-7 --Approved-For-FeTeese 2006/11/06: CIA-RDP81-00728R000100010023-7 "Notwithstanding.:the provisions of section 6 of the Act of August 24, 1912(37 Stat.'555), or the provisions of any other lain, the Director of Central Intelligence may, in his discretion,: terminate the employment of any offi- cer or employee of, the Agency whenever he shall deem such termination necessary or advisable in the interests of the. United States, but such termination shall not affect .the right of such officer or. employee to seek or accept employment `in any other. department or agency of the Govern- ment if declared eligible for such employment'by the United States Civil Service Commission," 2. This section was enacted to enable.the.CIA to maintain high personnel standards essential to a'national intelligence agency:. 3. To provide an impartial review. and advice to the Director in the just and equitable exercise of his discretionary power under the, Act quoted above, an Employment. Review, Board is hereby appointed to and Security Each Assistant Director Executive Director Chief, Advisory Council Chief, ICAPS Executive fbr.Administration: and Management General Counsel Executive for Inspection.. aw Chairman :Member Member Member and Recorder Law member. without. vote Advisor to the board without vote Alternate' members to sit with the Board at the,dis- cretion of the chairthan should three regular voting members not. be available; '4.. a.' Every case involving involuntary termination of a CIA employee will be. forwarded. by the head. of. the appropriate Office. or Staff . Section . to' the . Chief, Personnel. Branch, 'A&M,. together with All applica ble reports of investigation. and' other. pertinent records. STATI NTL NUMBER 11. ~ CENTRAL R91N91F AGENCY Washington, D. C. ADMINISTRATIVE INS STATINTL SUBJECT: Employment: Review. Board and Procedures (This rescinds Administrative Instruction 31 July 1947) RESTRICTED" 1947 -(Public Law 253 - 80th Congress), is quoted. below: 1.- Sub-paragraph .(c)'of Section 102. National Security Act of Approved For Release 2006/11/06: CIA-RDP81-00728R000100010023-7 Approved For Release 2006/11/06: CIA-RDP81-00728R000100010023-7 b. If the Chief, Personnel Branch, determines that,final.ad forward. the record directly to the Board for. its condideration, ministrative'action by his office is not feasible,,he'shall'iminediately c., At the time racerds are forwarded to the Board the Chief, notice the folloying information: pended from duty under the provisions of this memorandum due to failure to meet the high CIA standards for its employees, and will include in the Personnel Branch, will notify: the individual ;concerned that he is. sus (1) The'case will,be considered by the Board within two weeks after, date of the notice. (2) Inquiries. . in connection :.with.` suspension notices should be made to the Chief,-.Personnel-Relations Division, Personnel Branch.. (3) The, employee may submit to the Personnel Relations Division, Personnel Branch,-a, written' statement to,be con- sidered by the Board or a .request to appear in person before the Board. No individual will be brought fo Washington at government expense to appear before the. Board, d, Suspension notices will. be sent by registered mail to the home address.of the individual being suspended, requesting return re- ceipt. 5. The Executive for Inspection and Security may refer. directly will immediately inform the. Chief, Personnel Branch, of such reference to the Board any case arising within the scope of his functions. He .individual concerned as provided by paragraph 4 above, and the basis therefor, requesting suspension and notification of-the 6. The Chief. Personnel'Branch, wills' a. Ascertain ,at the earliest practicable ? date, the` names of suspended individuals who. desire to'make statements in per- son before the Board-and-witl arrange a schedule for such appearances directly with the Board recorder. b. Forward directly *to' the'. Board recorder written state- ments received from suspended employees. 7. -The Board will give full consideration to each case, includ- i;rig-voluntary written or verbal statements of individuals concerned, and such additional evidence as maybe deemed necessary, and prepare a written recommendation to the Director.:. The recommendation 'uill~,.bo -ni gned by . each voting member of the Board, noting concurrence o:r.. non.. ^oncuurrenee in each* case. ' Any thetiber including the Law member and u e c - --or uPp,.=4 en 3~d idw .t Ptgr. ,cd acmq,eint. , The complete Approved For Release 2006/11/06.: CIA-RDP81-00728R00010001002 e eas 1106: CIA-RDP81-007288000100010023-7. RESTRICTED record of each case considered by the Board will be attached to the Board's recommendations for the information of the Director. 8.. The Director's determination in each case will be final. If his decision is to terminate employment, notice of separation to the Civil Service Commission will state only that separation is accomplished by order of the Director under authority granted by sub-paragraph (c) of Section 102 of the National Security Act of 1947, without further amplification. R. H. HILLENKOETTER Rear Admiral USN Director of Central Intelligence DISTRIBUTION: To All CIA Employees RESTRICTED Approve E`Eoi" R'elease'2 St~6i11106 : CIA-RDP81- 007288000100010023-7 Approved For Release 2006/11/06: CIA-RDP81-00728R000100010023-7 RESTRICTED Act of 1947 (Public Law 253 - tiOth Congress), . is quoted below: EFFECTIVE WITH ESTABLISHMENT OF CIA Subject: Employment Review. Board 1. Sub?Daragraph (a) of Section 102. National Security 2. This section was enacted to enable the CIA to maintain "Notwithstanding the provisions of section 6 of the Act of August 21., 1912 (37 Stat. 555). or the r ovisions of any other 1kw, the Director of Central Intelligence may, in his discretion, terminate the employment of any officer or employee of the Agency whenever he shall deem such termination necessary or advisable in the interests of the United States, but such termination shall not affect. the right of such officer or employee to seek or accept employment in any other department or agency of the Government if declared eligible for such em,loyment by. the United States Civil Service Commission, high personnel standards essential to a national intelligence agency, 3. To provide an impartial review, and advice to the Director in the just and equitable exercise of his discretionary power under the Act quoted above, an Employment Review Board is hereby appointed to consist of: .pertinent records, If the Chief, Personnel Branch, determines together with all applicable reports of investigation and other Executive Director ?? Chairman General Counsel Law Member Executive for Administration and Management Member and Recorder . mm Executive for Inspection and Security Advisor to the Board without. vote 14.. Every case involving involuntary termination of a CIA employee will be forwarded by the head of the appropriate Office or Staff Section to the Chief, Personnel Branch, ABM, be not less than ten days later than the date of the notice, on which the Board will consider his case. Such date will normally that for stated reasons he is suspended from duty and the date for its consideration. The individual concerned will be notified he shall immediately forward the record directly to the Board that final administrative action by his office is not Peas able, ,Inquiries of employees concerned must be addressed to the Chief, Personnel Relations Division, Personnel Branch, ABM. N, &0 F, J15. I Z. Approved For Release 2006/11/06: CIA-RDP81-00728R000100010023-7 abaay luoinunr, inc&uaing the executive for Inspection and Securit --. -.+v.. .vv.Laaej ua?L1upi- ?LMAL note his concurrence or noncurrenee on thM 7?AAnm ^r hb,a A......a. _ additional evidence as may be required, the Board will prepare auch wrlttAn 'NAAnfnreariie*~..., ~.~ a.t.-- .---A--- a 6. After full consideration of each case i 1 d OLL" I1u uli l= cation of the individual concerned as provided by paragraph4 above, 5. The Executive for Inspection and Security f may re er directly to the Board any case arising within the scope of his functions,' He ePwill imnevdiatelya inform the. Chief, Personnel Branch, of such , 411 append his individual comments. separation to the Civil Service Cenmil eejo ~wil to o l A- 1--A- 7. The Director's determination in a cL, c s -.&I% 1-_ e n a y at o s a __~,.._ n , cco pushed by oraer or the Dire for under authority granted sub-paragraph (c) of Section 102 of he National Security Act of 1947, without further amplification. ATTACHMENTS: NONE DISTRIBUTION: All CIG employees SIGNED R. H. HILLENKOETTER Rear Admiral, USK Director of Central Intelligence Approved For Release 2006/11/06: CIA-RDP81 0072880 MDER W I LL_CTRL`CI CL`r.:,, C INITIAL ~PPROYAL L 1 INFORMATION [O SIGNATURE COACT IJ DIRECT REPLY C] RETURN OMMENT PREPARATION OF REPLY DISPATCH UCONCURRENCE RECOMMENDATION. CD FILE REMARKS: Y X1~~ ,A0 _ jj iAi. 4 AdA- J -CONFIDENTIAL CENTRAL -INTELLIGENCE AGENCY OFFICIAL ROUTING 1APPROVAL CTI ON OMMENT CONCURRENCE -REMARKS: (fO,, c.1. 4 SECRET CONFIDENTIAL (RESTRICTED ApprovedFor Release 2006/11/06: CIA-RDP81-00728R000100010023-7 '` f'RESTRIC"~ : CONFIDENTIAL SECRET srn~o w n .- ~..p - INFORMATION I I SIGNATURE, DIRECT REPLY RETURN PREPARATION OF REPLY DISPATCH RECOMMENDATION - I FILE L/ Arm 4 Approved For Release 2006/11/06: CIA-RDP81-007288000100010023-7 STATINTL Employment Review Board and Procedures me STATftIITL STAT'I NTL' ADMINISTRATIVE INSTRUCTION NUMBER SUBJECT: (This rescinds Administrative Instruction D R A FT dated 10 Oct. 1947) 1. Sub-paragraph (c) of Section 102, National Security A t of 1947 P c ( ublic Law 253 - 80th Congress), is quoted below: a.ia ector of Centiral Intelligence may, in his discretion, terminate the employment of any officer or employee of the Agenc whenever he .. ..,.~.a..us ~v -valaViul uv a nati .onai inte.tl.igenr. 3 agency. o e, Unite States, but such termination. shall not affect the right of such officer or employee to seek or accept employment in o gust 24, 1912 (37 Stat. 555), or the provisions of any other I aw t e "Notwithstanding the provisions of section 6 of the Act f Au y shall deem such termination necessary or advisable in the interests f th d o gible for such employment by the United States Civil Service Com- mi aai n l- 2. This section was enacted to enable the CTA to maintain 'k,- ,., n rson e oar zs ereby appointed to consist of: 3. To provide an impartial review, and FL p )the Di t i rec or n the just and equitable exercise of his discretionary power under the Act quoted above, an Employment Review B d h Executive Director Chief, Advisory Council Executive for Administration Chief, I CAPS and Management Executive for Inspection General Counsel Assistant to the Chief, Advisory Council Each Assistant Director Director - Member -- Member Member Chairman Law member without vote Advisor to the board without vote and Security Assistant to the Executive Recorder without vote Alternate Recorder without vote Alternate members to sit with the Board at the discretion of.the chairman should three regular voting members not be available. 4, a. Every case involving involuntary termination of a CIA employee will be forwarded by the head of the appropriate Office or Staff Section to the Chief, Personnel Branch, A&M, together with all applicable reports of investigation and other pertinent records. FO,r,R__We5 k1p R00-1,110R. DP Approved For Release 2006/11/06: CIA-RDP81-00728R000100010023-7 (3) If the evidence presented is considered sufficient for formal 'Board proceedings, the Chief, Personnel Branch, will be informed in writing by the chairman of the Board, who will instruct him to place the indivi Aal oncerned on leave-1 under the provi- sions his nd transmit to him a written notice ncluding the ollowing information: (a) That information has been presented to the Employment Review Board indicating the possibility that the termination of his employment with CIA may be necessary under the. rovi- sions of the law quoted in paragraph 1 of this . (b) That his case will be considered by the Board within ten days after date of notification. (In cases of indivi- dual s who are employed by CIA in other than the Washington area, the period of time will be extended to three weeks to enable the individual concerned either to appear at his own expense or to submit a written statement for consideration). (c) Inquiries in connection with suspension. notices should be made to the Chief, Personnel Relations Division, Personnel Branch. (d) The employee may submit to the Personnel Relations Divi- sion, Personnel Branch, a written statement to be considered by the Board or a request to appear in person before the Board. No individual will be brought to ;'yashington at gov errunent expense to appear bef'ore the Board. (o)' The employee may.'resign voluntarily under . circumstances indicated below; (1) At any time prior to the Director's action on recommendations of the Board. (2) When resignation is not submitted prior to the Director's action,, and the Director determines that employment should be terminated, the Director may- a6--authorize that the employee-be afforded a further. opportunity to resigner within 48 hours after receipt of notification to that effect.. In such circwrjstances, if resignation is not "within the indicated eriod employment , yment wi11j be terminated under the authority quoted in paragraph 1 above. D 4. b. (1) If the Chief, Personnel Branch, determines that final admin- istrative action by his office is not feasible, he shall immediately forward the record directly to the Board for its consideration. (2) The Board will make a preliminary review of each case and determine whether, in its opinion, there is sufficient evidence to warrant formal board proceedings and recommendations to the Director. If formal board proceedings are not considered feasi- ble the chairman will return the records to the Chief, Personnel Branch, stating, over his signature, that in the opinion of the Board there is not sufficient evidence to warrant Board action in the case. Approved For Release 2006111106 CIA-RDP81-00728R000100010023-7 dCTED 4. b. 3 f IVhen^ WbeqR, more specific basks for Board action will be specified by the chairman of the Board to be included in the notice to the employee concernedo c. The notices specified above will be sent by registered mail to the home address of the individual being placed. on leave under these cir cumstances, with return receipt requested. d. Prior to the dispatch of notices to individuals; the head of the office or staff section in which the individual concerned is employed will be notified personally, either verbally or in writing, by the Chief, Personnel Branch, of the action initiated. 5. The Executive for Inspection and Security may refer directly to the Board any case arising within the scope of his functions. In such cases action will be taken by the Board in the same manner as for cases covered under para- graph 4 above except that r+;:.s;ords which are returned by the chairman on the basis of insufficient evidence will be returned directly to the Executive for Inspection and Security. 6. The Chief, Personnel Branch, will: a. Ascert?rin at the earliest practicable date, t e n Pies of indivi- duals placed on leave under the provisions of this who desire to make statements in person before the Board, and will arrange a schedule for such appearances directly with the Board recorder. be Forward directly to the Board recorder written statement recpved from individuals placed on leave under the provisions of this 7. In those cases where formal proceedings are decided on, the Board will give full consideration to each case,: including voluntary written or verbal .statements of individuals concerned, and such additional evidence as may be deemed necessary, and prepare a written recommendation to the Director. The recommendation will be signed by each voting member of the Board, noting con- currence or non-concurrence in each case. Any member including the Law member and the Advisor may append an individual signed comment. The complete record of each case considered by the Board will be attached to the Board's recommen- dations for the information ,of the Director. 8. The Director's determination in each case considered formally by the Board will be final. If his decision is to terminate employment, notice of separation to the Civil Service Commission will state only that separation is accomplished by order of the Director under authority granted by sub-paragraph (c) of Section 102 of the National ,:Security Act of 1947, without further amplification. Re H. IIILLENKOETTER Rear Admiral, UST Director of Central Intelligence DISTRIBUTION: To all CIA employees STR1CTED Approved For Release 2006/11/06: CIA-RDP81-00728R000100010023-7 arancn in nanoiing .ampioyment Review board oases which are referred to this office by the Executive for Inspection and Security. The following procedure will be followed by +he Personn.l The Executive for Inspection and Security notifies the reo or concerned will be notified personally and by hand-carried ~rt-uvci, uud -aavuzive ror inspection and Security and the assistant Di t notifioation is forwarded to the employee. the Chief. Budrre+ AnA R4nnnr.e o s oa se , or (3) decline the opportunity for either of the above. At the time this rr- r_-...,"... , wi viv YUG .U LU (2) submit written data and information relative t hi n Relations Division, or which the individual concerned may notify this Attached to this letter will be a form letter to the Chief Person el suspen e ^ or ximum period of 30 days during which time the Board forward the indivi concerned a letter advising him that he is d d >- a ,Q ` ks Chief, Personnel Branch, when he is referring specific oases to the Employee Review Board for-their consideration and recommendation. Upon receipt of this memorandum from I&S, the Personnel Branch will viii gVU.LL~ u