Published on CIA FOIA (foia.cia.gov) (https://www.cia.gov/readingroom)


NEPOTISM: EMPLOYMENT OF SPOUSES AT(Sanitized)

Document Type: 
CREST [1]
Collection: 
General CIA Records [2]
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP82-00804R000100070009-2
Release Decision: 
RIPPUB
Original Classification: 
S
Document Page Count: 
3
Document Creation Date: 
December 9, 2016
Document Release Date: 
February 13, 2001
Sequence Number: 
9
Case Number: 
Publication Date: 
April 18, 1978
Content Type: 
MF
File: 
AttachmentSize
PDF icon CIA-RDP82-00804R000100070009-2.pdf [3]140.62 KB
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

Source URL: https://www.cia.gov/readingroom/document/cia-rdp82-00804r000100070009-2

Links
[1] https://www.cia.gov/readingroom/document-type/crest
[2] https://www.cia.gov/readingroom/collection/general-cia-records
[3] https://www.cia.gov/readingroom/docs/CIA-RDP82-00804R000100070009-2.pdf