EMPLOYMENT REVIEW BOARD AND PROCEDURES
Document Type:
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
File:
Attachment | Size |
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Body:
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.
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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 ~,
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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.?
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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
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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
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;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.
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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
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(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.
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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