AN ANALYSIS OF AGENCY METHODS FOR HANDLING PERSONNEL SECURITY CASES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-04718A002400370039-5
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 3
• Document Creation Date: December 9, 2016
• Document Release Date: June 29, 2001
• Sequence Number: 39
• Publication Date: May 14, 1957
• Content Type: MF

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14+ may 1957
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I4EMORAIDUM FOR: Deputy Director (Support)
SUBJECT : An Analysis of Agency Methods for Handling Personnel
Security Cases
REFERENCE : Memorandum for the DCI from the Inspector General, saute
subject, dated 19 April 1957
1. I have reviewed this memorandum with Mr. Houston, Colonel Edwards,
and The first part of the memorandum is mainly a recital of the
provisions o the three regulations, namely it
should be noted that-is required for Agency purposes because boards
composed of Agency personnel be necessary to protect our own interests.
Paragraph 1G of Regulation was rescinded by Regulation of 11 March
1957. Regulation- is required in its present form byrtment of
Justice and, therefore, its rescission would require Justice concurrence which
they have previously refused to give.
2. On page 6 Mr. Houston points out that the sentence at the bottom
should end with a clause "after obtaining Agency permission". Mr. Houston
emphatically disagrees with the proposal that another lawyer from his office
should be defense counsel in these cases. He feels that his presence on the
Board would make it impossible for one of his subordinates to properly repre-
sent the subject and therefore the procedure already in existence, namely,
that the subject with the approval and permission of the Agency can obtain
outside counsel or representation by lawyers in other Agency components,
should still hold good.
3. Mr. Houston, Colonel Edwards, and myself all feel 25X1A9a
that there is no reason why there should not be filed a dissenting or differ-
ing opinion if such exists. We all feel that this is a .healthy and proper
method of procedure. We also all feel that cases would only call for a re-
view by the Inspector General if evidence produced matters outside of loyalty
and security such as defalcation of funds, improper supervisory practices,
and other matters which would require investigation by the Inspector General.
E Colonel Edwards, and I feel that even this may be too early
for the Inspector General to enter a case and that he should only proceed
after the subject has appealed to the Director of Central Intelligence for
a review.
if. It should be noted that since the 18th of January when I became
permanent Chairman of these Boards that the time listed in the report has been
materially reduced. We can, of course, have no control over the FBI investiga-
tion time. The Security Office action is usually much shorter than the quoted
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three months. The General Counsel's Office can now cut down his time to from
three to 10 days, and I feel that once we establish a continuity of action in
Board hearings that no Board should last longer than three to four weeks on
average unless there is a particularly long and difficult series of hearings
where the bottleneck is the record which must be reviewed from time to time
by members of the Board and consequently delays the time for final action.
We none of us know of any case where the employee has not been asked to
appear if it was an adverse action.
5. It is the opinion of all of us that these Boards are not a waste
of time and that in the tease a Board would have saved much time and
trouble for many persons in the Agency.
6. In the specific recommendations made by the Inspector General the
following are our unanimous conclusions.
of rulings of the Department of Justice.
b. A statement of charges in writing is of value in some cases,
,,but we feel that or 1 notification may be sufficient in other cases.
f400/ .Gww-1
1-c. As stated above it 3 believed that we chn materially reduce the
length of time involved in the hearing of a case by the procedures which
are now in effect and that additional speed can be added if attendance
of members at a Board hearing takes priority over other commitments
except for extraordinary circumstances, and alternates are provided
in the event of a member's absence on account of sickness or temporary
t s".
duty.
d. We all feel that the policies cited in this paragraph are
already being complied with..
e. We all feel that every effort is being made by the Agency to
obtain consistent recognition of our problems in the Civil Service
Commission and other Federal Agencies. The activities of the Out-
Placement Group in the Office of Personnel have been more successful
than any of us believed that they could be when they were instituted.
It should be pointed out that our own Boards have their own record,
and these are not sent to the FBI if they contain information for CIA
alone, so that a statement sh as -suggested by the Inspector General
pannot be followed. -T,6,, It~FL~. cR1 Fs*'~~w ? y a ?' - f`?E"tj k. ,~ ) f d~*`
7. ?Le present s stem of a Perm_annt Chairman for all Boards was
instituted to protect the Director's authority under 102(c). It is our
feeling that present regulations are effective in affording this protection
and that the procedures now in force give an employee the necessary rights
a. As outlined above Regulation- cannot be rescinded because
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tion of suitability. This is part and parcel of every hearing, and our
recommendations to the Director contain security, loyalty and suitability
in every case.
to protect himself, and that no change is required at this time. It should
be recognized that in cases arising under EO 10450 we also consider the ques-
CONCUR:
Allen W. Dulles
Director
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