Document Number (FOIA) /ESDN (CREST):
CIA-RDP82-00804R000100070009-2
Body:
OCC 78-?446
Approved For Release 8h40'9-/M CIA-R[P8800A0~00100070009-2
OGC HAS REVIEWED.
MEMORANDUM FOR:
25X1A
SUBJECT: Nepotism: Employment of Spouses at Field Stations
1.. You ask whether the Federal anti-nepotism law permits the wife of
ann Agency employee to be employed at the same field installation as, la.~ r
husband. You have presented for consideration several specific cases, some
of which concern the wife of the COS or COB and others of which do not involve
the wife serving under her husband in the chain of command.
2. The Fedderal law prohibits a Federal, employee flora hiring or pr-o--
moting a relative, advocating such hiring or promotion, or talking any
discretionary actions which tend to increase the relatives' chances of being
'tired or promoted. 5 USCA 3110. - Included in the prohibition ar. (I-
acls actions as referring a relative for consideration for hiring to a subordinate
i.n the chain of command; writing fitness reports on a. relative; or making informal,
written or oral performance assessments of a. relative; and in general taking part
in any personnel actions which increase an employee's grade, pay, or rank,
provided the action is discretionary.. and is not based on a statutory
re .Lnirrement.... An action which increases an employee's relative standing in
the Agency's organizational structure is subject to the restriction, even though
no increase in grade or pay is involved." FPM Chapter 310, Subchapter. 1,
?1 Zd(2} . The policy behind the law is to avoid favo.:?;:isr based on blood or
marriage ties. The penalty provided for contravention of these prohibitions
is total forfeiture of pay by the employee promoted or advanced.
3. Because of the legal considerations described above, a husband may
have no part in hiring or recommending the hiring of his wife. All action: in.
hiring her should be taken at least at the next higher level in the chain of
command. In the case of the wife of a COS or COB1 the wife should be rated
by the same officer who rates the husband or perhaps by another officer senior
in the c)-Aain of command to the husband. (In those cases where formal fitness
reports are ?not used, the same principle applies to the informal recommendations
which can influence future personnel actions affecting the wife.) The promotion
board must be atiTrar. e of the marriage relationship existing between the two
employees in order that there be no inadvertent or indirect contact with the
husband in assessing the wife's job performance.
-15
ernrr CL ter.. .'_....:._.
Approved For Release 2001/09/01 : CIA-RDP82-00804R000100070009-2
Approved For Release 2001/09/01 : CIA-RDP82-00804RQ190100070009-2
25X1,
4. In none of the cases you have presented has the husband recommended
the wife or had a part in the hiring processes. It is only necessary in the case
-25X1A
ife of the COS nd `ti`t.
~
W
'~
25X1A
.
e
e tivize of 1.h.,~ COB)
r,
. r.ri
of the COS that the wife not be rated by the Chief, but by someone
senior in the chain of command. The wife of a DCOS can be r ated:
f
f
h
25X1A
e o
t
e:..
by the COS; the wife of the Administrative Officer and the wi
25X1,
25X1A
Communications Officer,-can be rated in normal fashion.
25X1A
dtd 9 January 1976, provides certain guidelines for the
sort of situation discussed above. We would propose certain modest revisions
of those guidelines, as indicated in the attachment, so as to conform them: to
this opinion.
RDC: i;.as
Distribution*.
Original -- Addressee
1 - EMPLOYEE RELATIONS & ACTIVITIES
1 - RDC Signer
1 - Chrono
Approved For Release 2001/09/01 : CIA-RDP82-00804R000100070009-2
Approved For Release 2001/09/01 : CIA-RDP82-00804R000100070009-2
Next 2 Page(s) In Document Exempt
Approved For Release 2001/09/01 : CIA-RDP82-00804R000100070009-2