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Optoma Wem MO. 18 ; . 3010-106 _ ) mat 1962 boom : \ . daa Gan, MG. BO. 27 . . . UNITED STATES C VERNMENT : tee a J ; . peo, at Inv. i /7, Memorandum Bite ” IA: wcanp. Syst, TO -Mr, T. d. Jenkins pate: 6/18/74 / as. inne : Z | a _ ~Gen. Inv. _____ mag FROM”: Legal Counsel |, ED bec Cotde: Se. co ; \/ Plen, & Eval. — Legal Coun. suBEUT-ADVERSE PERSONNEL ACTIONS-- wr Tromin UE PROCESS REQUIREMENTS ‘ er Attached hereto is a copy of an articls which appeared in b¥ the 6/12/74, issue of the "Washington Post," entitled "High Court Eyes Own Labor Ils.” O The article indicates that effective 6/10/74, employees of the Supreme Court were afforded new protections with regard to dis- 3 missal, “Irdeseribes the appointment of an Adverse Action Review | Committee, the composition thereof, and its faction which includes t tha tne Powe o overrule or confirm an employee's dismissal. cd It is significant to note that according to the article, court 7 employees are not part of the Civil Service System, Until now, we have been fully justified in believing that in the case of an excepted ! agency, due process did not require the institu: ion of any review — - poard to reconsider dismissals and other seric’is disciplinary ac- tions, However, the advent of such a review beard for employees of the Supreme Court bears an obvious inference for other excepted / ORIGINAL FILED IN_,~.- osc agencies. The Supreme Court is the ultimate erbiter of what con- - “4 stitutes due process, [If it now believes due process requires its employees to be provided with such protection, we may expect to be held to the same standard in the future, In thet event, we would be better advised to institute our own review sysiem structured to the needs of the FBI, This would avoid the poss/oility that a court might order the reinstatement of a discharged employee based upon... ened lack of due process, and also order institution of such a reviev of _ board, with resultant adverse publicity. : | -. boa a rs ' a: 4.44 ry “7 1 - Mr. Walsh | 141 .. Net 2 - Mr, Mintz me ware reas 1 ; “ eer Jo < * “ ° at (5) ae CONTINUED - OVER ,.