SERVICE AGREEMENT FOR ASSIGNMENT ABROAD -(SANITIZED)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP68-00140R000200240001-2
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 3
• Document Creation Date: December 20, 2016
• Document Release Date: November 14, 2002
• Sequence Number: 1
• Publication Date: August 28, 2001
• Content Type: MF

Approved For Release 2007/10/23: CIA-RDP68-00140R000200240001-2
OGC Has Reviewed
CGC 64-3074
13 Novem be r 1964
MEMORANDUM FOR: Chief, Certification & .L,iaison Division, 0/ F
broad ?-
SUBJECT: Service Agreement for Assignment
ages you requested our opinion as to whether
the question of violating a service agreement as provided in
must be presented in all cases t the .rector of Personnel whenever
the time requirement has not been fulfilled. Our Office answered in
the negative the question in the case you presented for the reason that
the Deputy Director of personnel had concurred for the Director of
Personnel in the action taken, thereby obviating the need for Personnel's
review for a second time. The general issue remains as to whether
acceptability to the hector of Personnel of the reason for violation
of the service agreerrseat is necessary where employees are ordered
to return to Headquarters for operational security "aeons and thee*
are separated from the Agency.
2. may be interpreted toprohibit the reim
to an employee or expenses of travel and transportation incident to
appointment or transfer to a post abroad in violation of his service
agreement, unless he is separated from the Agency for reasons which
are "acceptable to the Director of Personnel" as valid for so separating
and which are beyond the employeee's control. The Regulation leaves a
rather wide latitude of discretion to the Director of Personnel, provided
the employee is separating and not simply returning to PCS Heeadrpnarters
duty. Moreover. where the employees tour is cut short strictly at the
convenience of the Coveernmeest, subparagraph 4b would not apply. An
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 Approved For Release 2007/10/23: CIA-RDP68-0014OR000200240001-2
em lcryee returning because of misfeasance or nonfeasance may be
assumed to have done so at his own personal convenience. Whether
subparagraph 4b should be applied in the litter case should depend
upon whether The return is preliminary to termination for cause.
In the typical case of this nature the offending employee could be
expected to be returned PC Headquarters prior to termination.
The real reason for his shortened tour, nevertheless, is separation
from the Agency. The Director of Personal, therefore, must
review such actions in accordance with subparagraph 4b.
3. The situation in which operational security requires the
return of the employee Iu* a post abroad may involve eithe*' personal
convenience, or both. It would defeat the intent of the
these cases if the operating official could,
erehce to the Director of Personnel, determine whether the
employee had returned for personal convenience and was thereafter
separated. It would be appropriate, therefore, for the Director of
Personnel to review this determination, which in effect would require
him to review the enmployee's reasons for separation from the Agency
as provided in subparagraph 4b of the Regulation. The answer to the
set forth in Paragraph 1 above, therefore, is in the affirmative.
General Counsel
cc SSA/DD
Approved For Release 2007/10/23: CIA-RDP68-0014OR000200240001-2
 STAT Approved For Release 2007/10/23: CIA-RDP68-0014OR000200240001-2
Approved For Release 2007/10/23: CIA-RDP68-0014OR000200240001-2