'BASE PAPER' ON 120-DAY DETAILEES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82-00357R000600130022-2
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 3
• Document Creation Date: December 9, 2016
• Document Release Date: April 9, 2001
• Sequence Number: 22
• Publication Date: July 22, 1977
• Content Type: MF

R
Approved For
peJ _F a tfI3TAl`I
I2U5!IIQ90130022-2
OGC Has Reviewed
OGC 77-4712
22 July 1977
MEMORANDUM FOR: Executive Assistant to the Director of Personnel
STATINTL FROM
4 ice o ener nsel
SUBJECT : "Base Paper" on 120-Day Detailees
1. In response to your memorandum dated 20 July 1977 concerning
a standardized response to claimants such as I hope these STATINTL
comments will be helpful.
2. If there is some way to eliminate the word "illegal" from Reference
(a), I think it would be advisable. A quick glance at the first page of the
draft response could give someone the wrong impression. Apart from that,
the letter is an accurate statement of the law on the subject.
3. The attachment to the letter might benefit from some sort of heading,
and I would suggest that the second sentence of the second paragraph of the
attachment ("While the... ") be omitted. That sentence covers a rather sensitive
"sore spot" in our Headquarters Regulations, and it would not be desirable to
cite it in our own defense. Although that regulation is valuable in a legal
analysis of the problem, to cite it in a formal denial of an employee claim may
be to invite disaster, since that regulation may be construed to argue against
our position.
4. The third sentence in paragraph 3 of the attachment ("The Comp-
troller General...") could also be omitted, not because it is in error, but
only because it is very outdated and slightly confusing. More recent and
relevant language can be found in Civil Service Commission Bulletin No.
300-40 (25 May 1977), wherein the Civil Service Commission describes the
scope of the Comptroller General's recent decision. That language limits the
effect of the decision to the competitive service.
Scope of Commission Instruction. The Commission's instruction
for securing prior approval for continuation of detailees beyond
120 days relates only to detailees within the same agency of
employees serving_ in competitive positions and, in the excepted
service, positions under the general schedule. Since the GAO
+0130022-2
Approved For ReleasA 111aifjVGA
 Approved For Re e t4I3
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decision follows the Commission's instruction it would not
apply to positions be and that scope.... Id. at 4.
(Emphasis
added)
When you have decided upon a final draft of the response for future claimants,
please advise me so that this Office will have the opportunity to concur.
llfl istfefjve - [ terl J Use only
Approved For Release 2001/09/03 : CI4RDP82-00357R000600130022-2
 t NCLAsiSI1*L ed IForq
ROUTING AND . RECORD SHEET
STATI NTL
STATI NTL
STATI NTL
FROM: Executive Assistant to the
Director of Personnel
TO: (Officer designation, room number, and
building)
Office of General CounSe
DATE
RECEIVED FORWARDED
?7-kc 7)
SECRET
/09/03: CIA-RDP82- 0 5A 2-2
Executive Asst - D/Pers
5 E 58 H(
F11.
Approved.For Release
USE PREVIOUS
EDITIONS
SECRET
Jit!L
/
OFFICER'S
INITIALS
2 0 JUL 1977
c'
COMMENTS (Number each comment to show from whom
to whom. Draw a line across column after each comment.)
This is going to become a base
paper so to speak in responding to
inquiries that meet the issues
raised in Mr. memorandum.
We want to ensure that this has
your agreement andWs in accord
with your recent opinion.
(See attached memorandum)
3 : CIA-I DP82-00157R000600130022-2
"INTERNAL
^ UNCLASSIFI"
CONFIDENTIAL ^ USE ONLY