LETTER TO HONORABLE ALLEN W. DULLES FROM ROBERT BROWNELL, JR.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80B01676R000700170118-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 19, 2016
• Document Release Date: November 16, 2006
• Sequence Number: 118
• Content Type: LETTER

Approved For Release 2006/11/16: CIA-RDP80B01676R00070017011- ,-_-~ I~=
Honorable Allen ' . Dulles
})irector, Central Intelligence -Agency
1-Washington 25, D. C.
This will refer to ' letter of November 1 , 1953, in
reply to your request for my advice with respect to your author-
ity to provide one of your employees a hearing before a security
Hearing rsoard consisting of members selected from the roster
established by the Civil Service Corfmission to implement the ~ad-
ministration of Executive Order 10450 and the Act of August 26,
1,050. Your request was in connection with a specific employee
against whom derogatory allegations had been made. You stated
that you determined that suspension of the employee wau neither
necessary nor desirable in the interest of the national security
but that you considered it imperative that, his case have the
recast complete and impartial review that could be obtained under
the 'resident's pro ramii and desired that the information pertain-
ing to him be reviewed by "outside impartial persons with proper
Qualifications".
n AV re, ly to you contained in the letter ofNovember
4, 1953s 1 exr reeaed the view that there is no prohibition in
either the Act of August 26, 1950,. .`itle 5 U. ?..0. 22-1, or Lxecu-
tive Order 10450, against giving the a loyee a hearing without
first suspending him. However, I did indicate the problem which
such a procedure would create. Authority to discharge under the
of #ugust 26, 1950, is limited to suspended employees. E'erma-'
nest employees are entitled to a statement of charges and hearing
after suspension and before termination, Thus, in the event it
is decided to discharge an employee against whom charges are filed
and who has not been suspended, the employee would be in a posi-
tion to argue that the procedures under the " ct require that he be
swmended before he is discharged and that, thereafter he be given
a statement of charges, a hearin;, etc,, even if he had already
been accorded all of these rizhts prior to suspension.
t?v1ORUCD
,31a? rove' or Release 2006/11/16: CIA-RDP80B01676R000700170118-9
 Approved For Release 2006/11/16: CIA-RDP80BO1676R000700170118-9
wo by
execute a wr itts s to r:t that
; `st s e tra tho a lea7*e, d the
rtc ' i a wniival t an-; r, I
.4 u$ reore.ted the s p rude B i3yee wlci*r r?.e'
~y t tt'as exxc ktt t or iA waiver we u .+4 j re b* 1y o rsts
_ ec ti re Order 104,W- .. t%:
4 Vr t4r nv t,Octr-4c* . 101at Or s Om ploy" ?o td beer. scc rf
r v s desire to vent t $n her atltp t^6'. WOW=;x lae
a atst ttve ri Yhts re .da+ for ty t no f,t l ,noun,,, AO v+ r
t-emsz a st . 4, he as rovil o3" this Waiver Pr s t vt
ttly (earn.
dY li g 3~ 5i
O-P
G be n onal ent VI thft i O h- ? C t
LP
xt ~? it m_ tha.+ lotttr to ou trkf w ivor acncfl r! t pass
s't ' S h ?p rfit a;~ :4;i " concLU 1 that 3.t *Ix+
` f malts a slch he z asdy *doted u waiver
pro i rM .tttn a u # tv ro fr a y 4r ara~+c nnn1
t Ors d to su: r d ,fly SW IQ
; n cessa ry to !".; 1e cbb .
r 4 ~ ` mo w rant hat an axr vIied yafat a a r . r
yy=,gr :?V Porsociyel cure %.%
bIe to q tl.ty you of t h-, pre ent o t or Of
r i uthl iwJ iii your , t ret ) to r Uta the s
t r loyuo Of your privy w- wm r you * rnti
s.+n t d
-' the tuYa (.,4c+ aarjr or dvi a an Via intsrssto )i,
n ? sow . t 'a not require 9 .nion bar `orrw torn s t lOn o e' -
a vita a %4 ccrastitut; s +ar". to advise yar anti
VOBERT BR0WNRL. S.:
aai y u to Jot t ors o ctt s bmwtl from sus h i, pay"-
Approved For Release 2006/11/16: CIA-RDP80BO1676R000700170118-9