'CONSULTANT' DEFINED

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP65-00005R000200020011-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: November 11, 2016
• Document Release Date: November 4, 1998
• Sequence Number: 11
• Content Type: MISC

Approved For Release 1999/09/07 : CIA-RDP65-00005R000200020011-9
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Approved For Release 1999/09/07 : CIA-RDP65-00005R000200020011-9
 Approved For Release 1999/09/07 : CIA-RDP65-00005R000200020011-9
ultant" Defined
23 Comp, Gen. 49L 499 (December 14, 1943)
. . . "The general understanding or concept of the term, 'consultant',
appearing in the statutes under considerations that said term denotes
one who serves in an advisory capacity to an administrative officer of the
Government, as distirzgu:tsheed from one who serves as an administrative
officer or employee in the performance of the duties and responsibilities
imposed by law upon the agency in which employed. That is to say, a
consultant is one who expresses his views or gives his opinion regarding
a problem or question presented to him by the administrative officers,
but he does not perform, or supervise the performance of, the duties and
responsibilities imposed by law upon the agency.
The question whether an officer or employees of the Government is
- consultant' is, generality, one of fact, rather than one of law, and as such,
is for determination primarily by the administrative authority on the basis
the functions assigned and of the duties performed. The title, 'consultant,'
ibed to one holding an appointment to an office or position may be
regarded, generally, as r a ima facie evidence that the incumbent is a
onsultant within the meear ng of that word as above set forth but, as you
doubtless are aware, sucks evidence is not conclusive, and may be rebutted
by facts disclosing the status Of, the incum ent to be otherwise.. Hence, in
the absence of definite and conclusive evidence of record to the contrary,
this office, in the audit of traveling expense vouchers, is not disposed to
on an administrative certification by competent authority that a
particular officer or employee is a consultant. ". .
Approved For Release 1999/09/07 : CIA-RDP65-00005R000200020011-9
 Approved For Release 1999/09/07 : CIA-RDP65-00005R000200020011-9
Consultant 11 Defined
4 Comp. Gen. 631 at 633 (1945)
. . . "A 'consultant' has been defined as one who serves in an advisory
Ito an administrative officer of the Government as st y~uis erd
from one who serves as an administrative officer or employee in the
ae of the duties and reaponsibiliti.s imposed by law upon the
agency in which employed. That is to may, a consultant is one who expresses
his viersre or yi~rees hie opinio n re rdina a p `obleem 0r_gu.stion esented to hi
by the administrative ,officers but he does xo perform, or supervise the
performance of, the duties and respoi ee imposed by law upon the
agency. See 23 Comp. Gen. 497, at page 499.'.' . . .
Approved For Release 1999/09/07 : CIA-RDP65-00005R000200020011-9