DEFENSE INTELLIGENCE AGENCY REGULATION NO. 22-7

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00530R000400670004-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: December 22, 2016
• Document Release Date: October 18, 2012
• Sequence Number: 4
• Publication Date: April 7, 1986
• Content Type: REGULATION

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DEFENSE INTELLIGENCE AGENCY
REGULATION NO. 22-7
HEADQUARTERS, DEFENSE
INTELLIGENCE AGENCY .2 -
WASHINGTON DC 20340
7 April 1986
CIVILIAN PERSONNEL
Adverse Actions
SECTION A?Definitions, Policy, Authorities and Responsibilities
paragraph
Purpose 1
References 2
Applicability 3
Supersession 4
Definitions 5
Policy 6
Authorities 7
Responsibilities 8
SECTION B?Suspension for 14 Days or Less
'Coverage 9
Exclusions 10
. Standard for Action 11
Employee Entitlements 12
Procedures 13
SECTION C?Removal, Suspension for More Than 14 Days, Reduction in Grade or Pay, or Furlough
of 30 Days or Less
Coverage 14
Exclusions 15
Standard for Action 16
Employee Entitlements 17
Procedures 18
SECTION D?Suspension and Termination of Employment for Reasons of National Security and Ter-
mination of Employment in the Interest of the United States
General 19
Use of Suspension and Removal Authorities 20
Suspension Under 5 U.S.C. 7532 21
Termination Under 5 U.S.C. 7532 22
Termination Under 10 U.S.C. 1604(e) 23
OPR: RHR-1
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DIAR 22-7
Section A
Purpose, Definitions, Policy,
Authorities, and Responsibilities
1. Purpose: To establish policy and procedures for
the suspension, removal, termination, reduction in
grade or pay and furlough for 30 days or less of
civilian employees.
2. References:
a. Title 5, United States Code, Chapter 75.
b. Title 10, United States Code, Chapter 83.
c. Veterans' Preference Act of 1944, as amended.
d. DoD Directive 5105.21, "Defense Intelligence
Agency," 19 May 1977.
e. Executive Order 10450, 27 April 1943, as
amended.
f. DoD 5200.2-R, "Personnel Security Program,"
December 1979.
g. Director of Central Intelligence Directive (DCID)
1/14.
3. Applicability: This regulation applies to all U.S.
civilian employees of the Defense Intelligence Agency
(DIA). Specific adverse actions procedures for Defense
Intelligence Senior Executive Service (DISES)
employees supplement this regulation and are
published in DIA Manual 22-33. Trial period termina-
tions are covered in DIA Regulation 22-31.
4. Supersession: This regulation supersedes DIAR
22-7, 12 February 1980 and DIA Regulation 22-17,
"Appeals From Adverse Actions," 15 August 1975.
Because changes are extensive, black lines in the
margins, indicating changes, have been omitted.
5. Definitions:
a. "Employee"?an individual in the excepted serv-
ice who is not serving a trial period under an initial
appointment or who has completed 1 year of current
continuous service under other than a temporary ap-
pointment limited to 1 year or less.
b. "Preference eligible"?an individual meeting the
criteria of 5 U.S.C. 2108 who is entitled to certain
employment and/or retention considerations.
c. "Suspension"?the placing of an employee, for
disciplinary reasons, in a temporary status without
duties and pay.
d. "Grade"?a level of classification under a posi-
tion classification system.
e. "Pay"?the rate of basic pay fixed by law or ad-
ministrative action for the position held by an
employee.
f. "Furlough"?the placing of an employee in a tem-
porary status without duties and pay because of lack
of work or funds or other nondisciplinary reasons.
g. "Day"?means calendar day.
h. "Adverse action"?means a removal, suspension,
reduction in grade, reduction in pay or a furlough of
30 day or less. It does not include a reduction-in-force
action under DIA Regulation 22-24, "Reduction in
Force."
2
6. Policy:
a. Employment and Access?No person shall be
employed in, detailed to, or assigned to the Defense
Intelligence Agency, or continue to be so employed,
detailed or assigned, and no person so employed,
detailed, or assigned shall have access to any
classified information unless such employment,
detail, assignment, or access to classified information
is clearly consistent with the national security.
b. Employment Suitability and Clearance Stand-
ards?The employment standards of Executive Order
10450, as amended, and clearance standards of DoD
5200.2-R and DCID 1/14 shall be used as a basis for
employment suitability and access determinations in
the Defense Intelligence Agency.
c. Employment Pending Final Determination?
Nothing contained herein limits or affects the respon-
sibility and authority of the DIA to reassign or detail
persons to, temporary positions where access to
classified information is limited or suspended pending
final determination of employability or eligibility for
access to classified information.
7. Authorities: The authority to remove, suspend,
furlough, or reduce an employee's grade or pay is in-
herent in the DIA appointing authority. The DIA may
take actions covered in Sections B and C of this
regulation only for such cause as will promote the ef-
ficiency of the service. Actions covered by Section D
may be taken only when the action is considered to
be in the interests of national security or, in the in-
terests of the United States and when the procedure
prescribed in Section C of this regulation cannot be
invoked consistent with the national security. Unless
extended by the Congress, authority to take action
under 10 U.S.C. 1604(e) expires on 30 September
1986.
8. Responsibilities:
a. Supervisors and Directorate Management
Officials?in the exercise of their normal supervisory
and managerial duties?are responsible for maintain-
ing order, discipline, and high standards of work per-
formance and employee conduct within their
organizational elements. Accordingly, they are
responsible for initiating corrective action when an
employee's work performance or on-the-job conduct
falls below established Agency standards. Such action
may include closer supervision, letters of instruction,
counseling, training, and oral admonishments or writ-
ten reprimands (see DIAR 22-6, "Conduct of
Employees"). When corrective action of this type fails
or the employee's conduct or work performance re-
quires a more severe action, it may be necessary to
process a personnel action, such as suspension or
removal. In no instance may disciplinary or adverse
actions of suspension, removal, furlough, or reduction
in grade or pay, as discussed herein and in DIAR 22-6,
be initiated without the prior consultation of the per-
sonnel representative assigned by the Directorate for
Human Resources.
b. The Assistant Deputy Director for Human
Resources (RHR)?has the general responsibility and
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authority for reviewing, processing, and record-
keeping of all personnel actions related to both
on-the-job and off-the-job offenses. With regard to ac-
tions taken on behalf of the DIA which are based on
investigative reports and/or other derogatory
material developed or obtained by the Assistant
Deputy Director for Security and Counterintelligence
(OS), the DIA Inspector General (IG) or the DIA
General Counsel (GC), the Assistant Deputy Direc-
tor for Human Resources or his/her designee is
responsible for:
(1) Considering the facts.
(2) Performing or requesting additional investiga-
tion required to make a sound judgment.
(3) Proposing an appropriate action to be taken.
(4) Preparing the advance notice, if required.
(5) Forwarding the total case file through the chain
of command to the Command Element for decision.
c. Management?responsibilities for final decisions
on proposed adverse actions are stipulated by separate
paragraphs in Sections B through D of this
regulation.
Section B
Suspension for 14 Days or Less
9. Coverage: All DIA employeees who are not serv-
ing a trial period under an initial appointment or who
have completed 1 year of current continuous employ-
ment in the same or similar positions under other
than a temporary appointment limited to 1 year or
less.
10. Exclusions: This section does not apply to Ex-
perts and Consultants or reemployed Federal an-
nuitants, nor does it apply to suspensions taken in
the interest of national security (5 U.S.C. 7532), which
are covered in Section D of this regulation.
11. Standard for Action: The DIA may suspend an
employee for 14 days or less for such cause as will pro-
mote the efficiency of the service.
12. Employee Entitlements:
a. An advance written notice stating the specific
reasons for the proposed action. The minimum notice
is a 24-hour notice.
b. A reasonable time to answer orally and in
writing and to furnish affidavits or other documen-
tary evidence in support of the answer. In no case will
the time to answer be less than 24 hours from receipt
of notice.
c. Be represented by an attorney (not at Govern-
ment expense) or other representative.
d. A written decision and the specific reasons
therefor at the earliest practicable date.
13. Procedures:
a. Notice of Proposed action?The notice shall be
prepared by a management official or supervisor
subordinate to an official designated in d., below. The
notice shall contain a statement of reasons for tak-
ing suspension action in accordance with enclosure
2 and shall inform the employee of his/her right to
3
DIAR 22-7
review the supporting material. Additionally, the
notice may include but is not limited to:
(1) The name of the person or organization to whom
employee's response is to be addressed.
(2) Date response is to be submitted by employee.
(3) Amount of official time authorized for prepara-
tion of employee response. Normally, up to 4 hours
of official time will be granted.
b. Employee's Response?An- official listed in d.,
below, or his/her designated representative, shall
hear the employee's reply on a proposed suspension.
The principal points of an oral reply will be recorded.
The official to whom the reply is made will consider
all facts presented by the employee either verbally
or in writing and will determine whether the proposed
suspension should stand, be modified, or withdrawn.
c. Representation?An employee may be
respresented by an attorney (not at Government ex-
pense) or other representative. The employee must
designate the name of the respresentative in writing.
The DIA may disallow as an employee's
representative:
(1) Any individual whose activities as a represen-
tative would cause a conflict of interest.
(2) An individual whose release from his/her official
position would give rise to unreasonable cost to the
Government or whose priority work assignment
preclude his/her release.
(3) Any individual who does not possess appropriate
security clearance. (DIA will not initiate security
clearance action solely for the purpose of employee
representation.)
d. Suspension Decision?Assistant Deputy Direc-
tors, Deputy Directors, Chiefs of Special Offices, the
Executive Director, Deputy Director and Director,
DIA, are designated to sign letters of final decision
for notices issued at one level below. In arriving at
a decision, the decisionmaker shall consider only the
reasons specified in the notice of proposed suspension
and any response of the employee or his/her represen-
tative. The suspension decision must be made with
respect to the accuracy of each reason and whether
or not those found valid reasonably support the pro-
posed action. The affected employee will be furnished
with a written final decision and the reasons therefor
at the earliest practicable date. A copy of final adverse
action decisions will be forwarded to OS-3 for possi-
ble inclusion in the individual's security dossier.
e. Appeal Rights?An employee may, within 7 days,
appeal to an official listed at enclosure 1 who is one
level higher than the deciding official in his/her chain-
of-command for a final review.
(1) The appeal must:
(a) Be in writing.
(b) State the reason(s) for the review.
(c) State the remedy sought.
(d) Include any available evidence, documents or
written statements that the employee decides to of-
fer in support of the appeal.
(2) The appellate official may assign an employee
to act as a factfinder and to make a recommendation
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DIAR 22-7
or, he/she may act on the petition as submitted. A
written decision will be issued within 15 days of the
receipt of the appeal. This will be the final DIA deci-
sion which is not subject to further administrative ap-
peal, review, or processing under the DIA Employee
Grievance System.
(3) In cases where one of the Deputy Directors for,
a Chief of Special Office, or member of the Command
Element is the original deciding official on a suspen-
sion, the Director, DIA will render a final review ac-
cording to (1) and (2) above.
f. Effective Dates?A suspension of 14 days or less
will be effective the day after the employee receives
written notice of final decision unless the letter of
final decision states otherwise. In no case will the
suspension be effected prior to the close of any notice
period stipulated in this section or the notice period
specified in the letter of proposed suspension.
g. DIA Records?Copies of the following will be
maintained by the Directorate for Human Resources
in accordance with General Records Schedule 1, item
31.b., and furnished to the affected employee upon
his/her request:
(1) Notice of proposed action.
(2) Response of the employee, if written.
(3) Summary of the employee's response if made
orally.
(4) Notice of final decision and reasons therefor.
(5) SF-52 effecting the suspension, together with
any supporting material.
Section C
Removal, Suspension for More Than 14 Days,
Reduction in Grade or Pay, or Furlough of 30
Days or Less
14. Coverage: All DIA employees who are not serv-
ing a trial period under an initial appointment or who
have completed 1 year of current continuous employ-
ment in the same or similar positions under other
than a temporary appointment limited to 1 year or
less.
15. Exclusions: This section does not apply to:
a. A suspension or removal taken in the interest
of national security.
b. A reduction-in-force action.
c. Expert and Consultant employees.
d. Reemployed Federal annuitants.
16. Standard for Action: The DIA may take
adverse action covered by this section only for such
cause as will promote the efficiency of the service.
17. Employee Entitlements:
a. At least 30 days advance written notice of the
proposed action, unless there is reasonable cause to
believe the employee has committed a crime for which
a sentence of imprisonment may be imposed, stating
the specific reasons for the proposed action.
4
b. A reasonable time, but no less than 7 working
days, to answer orally, in writing or both, and to furn-
ish affidavits and other documentary evidence in sup-
port of the answer.
c. Be represented by an attorney (not at Govern-
ment expense) or other representative.
d. A written decision and the specific reasons
therefor at the earliest practicable date.
18. Procedures:
a. Notice of Proposed Action?The notice shall be
prepared by a management official or supervisor
subordinate to an official designated to make final
adverse action decisions (enclosure 1). The notice shall
contain a statement of the reasons for taking adverse
action in accordance with enclosure 2 and shall in-
form the employee of his/her right to review the sup-
porting material. Additionally, the notice may include
but is not limited to:
(1) The name of the person or organization to
whom employee's response is to be addressed.
(2) Date response is to be submitted by
employee.
(3) Amount of official time authorized for
preparation of employee's response.
b. Disclosure of Material ?Material which cannot
be disclosed to the employee, to his/her represen-
tative, or to his/her designated physician shall not be
used to support the reasons in the notice.
c. Employee's Response?
(1) The DIA will give the employee a reasonable
amount of official time to review the material relied
on to support its proposal, to prepare an answer and
to secure affidavits, if he/she is otherwise in a duty
status.
(2) An official listed at enclosure 1, or his/her
designated representative, shall hear the employee's
reply on a proposed adverse action. The principal
points of an oral reply will be recorded. The official
to whom the reply is made will consider all facts
presented by the employee either verbally or in
writing and will determine whether the proposed ac-
tion should stand, be modified, or be withdrawn.
d. Exceptions?
(1) The minimum 30 days advance written
notice is not required when there is reasonable cause
to believe the employee has committed a crime for
which a sentence of imprisonment may be imposed.
In such a case, the affected employee shall be entitled
to a minimum of a combined 7 days notice and answer
period.
(2) The advance written notice and opportunity
to answer are not necessary for furlough without pay
due to unforeseeable circumstances, such as sudden
breakdowns in equipment, acts of God, or emergen-
cies requiring immediate curtailment of activities.
e. Representation?An employee is entitled to be
represented by an attorney (not at Government ex-
pense) or other representative. The employee must
designate the name of the representative in writing.
DIA may disallow as an employee's representative:
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(1) An individual whose activities as a represen-
tative would cause a conflict of interest.
(2) An individual who cannot be released from
official duties because of priority needs of
Government.
(3) An employee whose release would give rise
to unreasonable costs to the Government.
(4) Any person who does not possess appropriate
security clearance. (DIA will not initiate security
clearance action solely for the purpose of employee
representation.)
f. Status of Affected Employees?During the notice
period, affected employees will remain assigned to
their regular jobs in a pay status unless the
employee's presence at the worksite could be injurious
to the employee or other individuals, or could result
in loss of or damage to Government property, or could
otherwise jeopardize legitimate Government in-
terests. In these tircumstances the employee may be:
(1) Assigned to temporary duties where he/she
is not a threat to safety, Government property, or the
DIA mission.
(2) Placed on leave with his/her consent.
(3) Placed on involuntary sick or other leave
when he or she is physically or mentally incapacitated
for duty.
(4) Carried on appropriate leave (annual, sick,
LWOP) or AWOL if he or she has absented himself
or herself for reasons not originating with the DIA.
If none of the preceding alternatives is available, then
the DIA may place the affected employee in a paid,
nonduty status during all or part of the advance
notice period.
g. Adverse Action Decisions?The individuals listed
at enclosure 1 are designated to sign letters of final
decision. In arriving at a decision, the decisionmaker
shall consider only the reasons specified in the notice
of proposed adverse action, its properly executed
amendments (if any) and the response of the affected
employee or that of his/her representative. Further-
more, the decision must be made with respect to the
accuracy of each reason and whether or not those
found valid reasonably support the proposed action.
The affected employee will be furnished with a writ-
ten final decision and reasons therefor at the earliest
practicable date.
h. Appeal Rights?
(1) Preference eligible employees may appeal
Section C adverse actions to the Merit Systems Pro-
tection Board (MSPB). As part of the decision notice,
the employee shall be provided:
(a) Notice of the time limits for appealing to
the MSPB and the address of the appropriate Board
office for filing the appeal.
(b) A copy of the Board's regulations.
(c) A copy of the appeal form (Optional Form
283).
(d) Notice that DIAR 22-12 "Employee
Grievance System" does not apply.
Under established rules, the DIA has 15 days from
date of receipt of request from the appropriate MSPB
5
DIAR 22-7
Field Office to provide the case record in Federal
employee appeals or the MSPB will decide cases
without it.
(2) Nonpreference eligible employees may ap-
peal Section C adverse actions under DIAR 22-12.
i. Effective Dates?An adverse action will be effec-
tive the day after the employee receives written notice
of final decision unless the letter of final decision
states otherwise. In no case will in adverse action be
effected prior to the close of any notice period
stipulated in this section or the notice period specified
in the letter of proposed adverse action. A copy of the
final adverse action decision will be forwarded to
Security Programs Division (0S-3) for possible inclu-
sion in the individual's security dossier.
j. DIA Records?Copies of the following will be
maintained by the Directorate for Human Resources
in accordance with General Records Schedule 1, item
31.b., and furnished to the affected employee upon
his/her request:
(1) Notice of proposed action.
(2) Response of the employee, if written.
(3) Summary of the employee's response if made
orally.
(4) Notice of final decision and reasons therefor.
(5) SF-52 effecting the adverse action together
with any supporting material.
k. DIA Representation?The General Counsel, DIA
shall represent the DIA on all appeals before the
MSPB.
Section D
Suspension and Termination for
Reasons of National Security and
Termination in the Interests of the
United States
19. General: This section prescribes rules and pro-
cedures governing:
a. Actions to suspend and/or terminate the employ-
ment of civilian personnel of the DIA for reasons of
national security, and
b. Action fo terminate the employment of civilian
personnel of the DIA for reasons of unacceptable con-
duct and/or performance when in the interests of the
United States and when other provisions of law that
authorize termination of employment cannot be in-
voked in a manner consistent with the national
security.
Adverse actions for reasons and/or under conditions
other than those described above are governed by and
shall be processed in accordance with Sections B and
C of this regulation, as appropriate.
20. Use of Suspension and Removal Authorities:
a. The use of suspension and removal procedures
authorized by 5 U.S.C. 7532 shall be limited to cases
involving a threat to national security.
b. Termination procedures prescribed in 10 U.S.C.
1604(e) will be invoked only when termination or
removal from employment cannot, because of para-
mount national security interest, be effected under
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DIAR 22-7
Section C of this regulation, DIAR 22-31, "Trial
Periods," or under any other provisions of law.
21. Suspension Under 5 U.S.C. 7532:
a. 5 U.S.C. 7532 authorizes the Secretary of
Defense to summarily suspend, without pay, any
civilian employee when such action is deemed
necessary in the interests of national security. This
authority to suspend has been delegated to the Direc-
tor, DIA, by DoD Directive 5105.21 (reference d.).
b. Prior to preparation of a letter of charges cover-
ing a proposed suspension action, the DIA shall con-
sult with the General Counsel of the Department of
Defense.
c. An employee who has been suspended under 5
U.S.C. 7532 and whose termination under that sec-
tion is proposed, will be granted procedural benefits
as follows:
(1) All suspensions will be for an indefinite
period, that is, "until further notice."
(2) The 30-day time limit specified in 5 U.S.C.
7532 will be construed to mean calendar days.
(3) To the extent that the Director, DIA, deter-
mines that the interests of the national security per-
mit, -the employee concerned shall be notified of the
reasons for his/her suspension. If it is determined that
a statement can be given to the employee, the state-
ment shall include all information except that which
will reveal classified security information or material,
investigative methods, or the identity of confidential
informants.
(4) Within 30 days after the notification, the
suspended employee is entitled to submit statements
or affidavits to the Director, DIA, to show why he/she
should be restored to duty.
22. Termination Under 5 U.S.C. 7532:
a. An employee may be terminated under 5 U.S.C.
7532 only by the Secretary of Defense.
b. After a person's suspension, and before termina-
tion, a permanent employee (excepted appointment
without time limitation) who is a U.S. citizen is en-
titled to:
(1) A written statement of the charges against
him/her within 30 days after suspension, which may
be amended within 30 days thereafter and which shall
be stated as specifically as security considerations
permit.
(2) An opportunity within 30 days thereafter,
plus an additional 30 days if the charges are amend-
ed, to answer the charges and submit affidavits.
(3) A hearing, at the request of the employee.
(4) A review of his/her case by the Secretary of
Defense or his/her designee, before a decision adverse
to the employee is made final.
6
(5) A written statement of the decision of the
Secretary of Defense.
c. The decision of the Secretary of Defense is final.
23. Termination Under 10 U.S.C. 1604(e):
a. 10 U.S.C. 1604(e) authorizes the Secretary of
Defense to terminate the employment of any civilian
officer or employee of the DIA whenever:
(1) He/she considers that action to be in the in-
terests of the United States; and
(2) He/she determines that the procedures
prescribed in other provisions of law that authorize
the termination of employment of that officer or
employee cannot be invoked in a manner consistent
with the national security.
Authority to terminate employment under 10 U.S.C.
1604(e) has been delegated to the Director, DIA, by
the Secretary of Defense as provided in SecDef
memorandum, 16 January 1986, subject: Delegation
of Authority to Implement Section 501(a) of Public
Law 98-618.
b. The DIA shall:
(1) Consult with the General Counsel of the
Department of Defense, prior to preparation of a let-
ter of charges proposing termination of employment
pursuant to 10 U.S.C. 1604(e).
(2) Subsequent to issuing a termination of
employement decision, promptly notify the Perma-
nent Select Committee on Intelligence of the House
of Representatives and the Select Committee on In-
telligence of the Senate, through the Office of the
Secretary of Defense, that this termination authority
has been exercised.
c. Before terminating a person's employment under
10 U.S.C. 1604(e) the individual is entitled to:
(1) A written statement of the charges against
him/her which shall be stated as specifically as
security considerations permit.
(2) An opportunity to respond to the charges and
submit affidavits. Unless unusual circumstances
prevail, the employee will be entitled to a minimum
of 7 days to respond orally, in writing, or both.
(3) To the extent that the DIA determines that
the interests of the national security permit, the
employee concerned shall be given an opportunity to
review the evidence and/or other material relied upon
to support the charges.
(4) A written decision of the Director, DIA, at
the earliest practicable date.
d. Within 7 days of receipt, adverse decisions of the
Director, DIA, are appealable to the Secretary of
Defense. Appeals shall be in writing, addressed to the
General Counsel of the Department of Defense and
contain at a minimum, the following information:
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(1) Name and current mailing address of the
appellant.
(2) Copy of the decision letter.
(3) Statements or affidavits to show why the ap-
pellant should be reemployed.
e. Appeal decisions of the Secretary of Defense are
final and may not be appealed or reviewed outside the
FOR THE DIRECTOR:
OFFICIAL:
M NL . SULLIVA
Chef, lication and
Presentation Division
DIAR 22-7
Department of Defense.
f. Any termination of employment under 10
U.S.C. 1604(e) shall not affect the right of the person
involved to seek or accept employment with any other
department or agency of the United States if he/she
is declared eligible for such employment by the Direc-
tor of the Office of Personnel Management (OPM).
PAUL LA BAR
Executive Director
2 Enclosures
1. Officials Designated to Sign Section C Decisions and Notices and to Decide Appeals of Section B Decisions
2. Cause and Statement of Reasons to Support Adverse Action
'DISTRIBUTION D&G
? RHR-1 B041 10
ASD(FM&P) A000 2
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DIAR 22-7
OFFICIALS DESIGNATED TO SIGN SECTION C
DECISIONS AND NOTICES AND TO DECIDE APPEALS OF
SECTION B DECISIONS
1. The following DIA personnel are designated to sign letters of final decision in cases of adverse action governed
by Section C of this regulation whenever such action is based on an employee's job performance, conduct, or
suitability, or for other reasons within the scope of their management responsibilities.
Director
Deputy Director
Executive Director
Deputy Director for Resources and Systems
Deputy Director for Foreign Intelligence
Deputy Director for Operations, Plans, and
Training
Deputy Director for JCS Support
Deputy Director for External Relations
Inspector General
General Counsel
Chief, General Defense Intelligence Programs Staff
2. Notices of proposed adverse action shall be signed at a lower supervisory or managerial level (except where
the action is initiated by the Director, DIA), and by the Assistant Deputy Director for Human Resources for
actions proposed on behalf of the DIA.
3. Officials signing notices of proposed adverse action or letters of final decision are responsible for prior coor-
dination of the action with the Directorate for Human Resources (RHR), determining the appropriateness of
the action, and complying with all legal and regulatory requirements.
ENCLOSURE 1
Declassified and Approved For Release 2012/10/18: CIA-RDP90-00530R000400670004-6
Declassified and Approved For Release 2012/10/18: CIA-RDP90-00530R000400670004-6
CAUSE
AND
STATEMENT OF REASONS
TO SUPPORT ADVERSE ACTION
1. In general, adverse action is taken for cause, and
by, law, "only for such cause as will promote the effi-
ciency of the service." A cause for adverse action rests
upon the DIA's determination that an unfavorable
personnel action (i.e. suspension, reduction in grade
or pay, furlough for 30 days or less, or removal) is
necessary in the terms of the employee-employer
relationship.
2. Some causes for adverse action have been specified
by law, executive order, or regulation. These include
but are not limited to:
(a) Physical or mental unfitness for the position
to which assigned.
(b) Criminal, infamous, dishonest, immoral, or
notoriously disgraceful conduct on or off duty.
(c) Intention false statements or deception or
fraud in initial or subsequent appointments.
(d) Habitual use of intoxicating beverages to
excess.
(e) Abuse of narcotics, drugs, or other controlled
substances.
(1) Reasonable doubt as to the loyalty of the per-
son involved to the Government of the United States.
(g) Previous dismissal from employment for
delinquency or misconduct.
(h) Any legal or other disqualification which
makes the applicant unfit for Federal service.
(i) Any behavior, activities, or associations
which tend to show that the individual is not reliable
or trustworthy.
Other, obviously improper, adverse actions have been
prohibited by law, executive order or regulation (for
example, actions which are based on racial, religious
or age discrimination; and actions taken as a reprisal
for disclosure of information concerning a violation
of law or regulation, mismanagement, gross waste of
funds or a substantial and specific danger to public
health or safety). Between required actions and pro-
hibited actions, what consititutes proper and valid
DIAR 22-7
cause is essentially for DIA management to decide.
3. Having an identifiable cause is not by itself
enough to warrant adverse action. The DIA must base
any action on its conclusions that the action is war-
ranted and reasonable in terms of the circumstances
which prompted it, and that it can establish enough
releasable evidence concerning the facts which sup-
port the reasons for action. Generally, the DIA's
evidence must meet the standard of "preponderance
of the evidence" which is defined as "evidence that
a reasonable person would accept as sufficient to find
a contested fact more probably true than untrue."
Futhermore, the DIA must be in a position to show
how or explain why it believes the proposed action
will promote the efficiency of the service. In a miscon-
duct case this usually means establishing a
reasonable connection between either the misconduct
and its effect on the ability of the employee to per-
form job tasks effectively or the misconduct and the
DIA's ability to accomplish its mission effectively.
4. Reasons (or charges) supporting adverse action are
statements of what the employee did that was wrong.
Ordinarily, it is preferable to specify reasons without
using legal terms. If legal terms such as "grand
larceny," "theft," or "gross negligence" are used, the
DIA may have to prove all the elements necessary to
establish that a crime has been committed, including
felonious intent. Accordingly, terms such as
"dishonest conduct" vice "theft" or "failure to follow
instructions" vice "insubordination" are preferred.
Avoid ambiguity; reasons should be specific with
regard to dates, times, places, activities, and other
facts or circumstances as appropriate.
5. Finally, reasons for adverse action must be sup-
ported by material which can be released (disclosed)
to the employee, his or her representative, or a
designated physician. The DIA may not use material
to support reasons in the notice which would violate
a pledge of confidence, if disclosed, or any material
which is restricted or classified.
ENCLOSURE 2
Declassified and Approved For Release 2012/10/18: CIA-RDP90-00530R000400670004-6