« AnteriorContinuar »
SAMPLE OPENING STATEMENT
1. The Chairman opens the hearing with a statement somewhat as follows:
The Board will come to order: This Security Hearing Board has been constituted under the provisions of the security regulations of the Department of the Navy promulgated pursuant to the authority conferred by Executive Order 10450 and the Act of 26 August 1950. This Board has been convened in the name of the Secretary of the Navy by order of (the head of the Naval activity employing the subject of the hearing) dated
A copy of that order is available for your inspection but will not be read if there is no objection. The members of this Board are, myself (full name) an employee of (department or agency), and (names and agencies of other Board members).
2. Other persons in the room are identified and their connection with the case or their authority for being present is explained in very brief terms.
3. The Chairman then announces the case in hearing.
4. The Chairman announces that all testimony in the hearing is required to be given under oath or affirmation. The employee whose case is being heard is then asked to identify himself and is sworn.
5. The Chairman then continues with his opening statement along the following lines:
Investigation has disclosed information upon which (the head of the Naval activity employing the subject of the hearing) has determined that your removal from employment pursuant to the provisions of Executive Order 10450 and the Act of 26 August 1950 may be necessary. This information and your written reply to the charges issued to you on
constitute the issues in your case. You have asked that you be given a hearing before this Board in person in order to support your reply. This is not a court of law and strict rules of evidence and court procedure are not followed. All information which is relevant or material to the issues in your case will be admitted and given such value as the Board shall decide. This is an administrative hearing held for the purpose of affording you an opportunity to be heard and to permit the Board to inquire more fully into matters related to your case.
The Board desires to elicit all available information in connection with the issues which have been raised. The Board will give full consideration to the fact that it may not have been possible to acquaint you with certain confidential information which the investigation has revealed nor the sources of such information. The member of this Board sincerely desire that employment not be denied to persons whose employment would be clearly consistent with the interests of the national security. We also sincerely desire that all employees be afforded full protection against unfounded accusations.
You have the right (1) to participate in this hearing, (2) to be represented by counsel of your own choice, (3) to present witnesses and to offer other evidence in your behalf and in refutation of the charges brought against you, and (4) to cross-examine any witnesses offered in support of the charges. You can assist the Board in arriving at a fair and just determination in your case by full and frank answers to questions the Board may have and by confining your attention to what is directly related to your case. Questions as to the legality or constitutionality of these proceedings are not in issue and cannot be decided by this Board. You are also warned that deliberate misrepresentations, false statements, or concealment of material facts in this hearing may preclude this Board's findings that your employment is clearly consistent with the interests of national security. The transcript of this hearing will not include all material in the file of your case, in that it will not include reports of investigadon, which are confidential. The transcript will not contain information concerning the identity of confidential informants or information which would reveal the source of confidential evidence. The transcript will contain only the evidence and the testimony actually taken at this hearing.
6. The letter setting forth the charges and the statements and affidavits by the employee in answer to such charges are then read.
7. Witnesses are sworn as they are called to testify. Generally, the Government witnesses will be called first, questioned by the Board and cross-examined by the employee or his counsel.
8. Then the employee presents his case. He and his witnesses are usually questioned first by the employee's counsel and then by the Board.
No investigation required if cleared under E.O. 9835 based on
NAC unless record check and Inquiry or NAC made after 30
*Exception under 732.7-5a permitted if request for NAC made. **Exception under 732.7-6a permitted if NAC completed and request for background made. ***Incumbents appointed prior to 28 May 1953 upon whom the required investigation has not been completed may continue to occupy positions pending completion of investigation unless derogatory Information is developed.
Background unless background completed any time after employment by the Navy.
No investigation required unless information
Remarks: 1. Absence on military furlough is not considered a break in service.
2. No investigation is required for moving an employee from a position of a given category
3. Results of checks and investigations must be reviewed by security officer. Security
SUGGESTED COUNSEL TO EMPLOYEES UNDER THE PROVISIONS OF NCPI 732.2-9c (14)
A number of our citizens unwittingly expose themselves to unfavorable or suspicious appraisal which they can and should avoid. This may take the form of an indiscreet remark; an unwise selection of friends or associates; membership in an organization whose true objectives are concealed behind a popular and innocuous title; attendance at and participation in the meetings and functions of such organizations even though not an official member; or any of numerous other clever means designed to attract support under false colors or serving to impress an individual with his own importance.
It is advisable to study and seek wise and mature counsel prior to association with persons or organizations of any political or civic nature, no matter what their apparent motives may be, in order to determine the true motives and purposes of the organization in question. The simple
principles of good citizenship require that all enthusiasm for well-sounding functions be tempered with the wisdom of full knowledge of the real forces and aims behind them, so that well-meaning citizens will not be unwittingly led into aiding and promoting forces which are contrary to their own basic beliefs.
You may be assured that the rights and liberties which devolve upon citizens of our country under a constitutional form of Government cannot arbitrarily be suspended or removed. The existence of these very same rights should encourage and inspire each one of us to so conduct ourselves that there cannot be the least concern on the part of our associates as to our adherence to the principles of this Government, or as to our reliability in furthering its defense against enemies within or without. This counsel is prompted by the Commanding Officer's sincere interest in the continued well-being of all employees of the activity.
NATIONAL AGENCY CHECK AND WRITTEN INQUIRIES FOR NONSENSITIVE POSITIONS
L INITIATING A NATIONAL AGENCY CHECK AND WRITTEN INQUIRIES FOR A NONSENSITIVE POSITION.
1. Prepare in triplicate Standard Form 85 (Security Investigations Data for Nonsensitive Positions). The Civil Service Commission requests the following additional information be shown on Standard Form 85: after "Title of Position" (Item 12) enter the grade or salary of the employee or the prospective employee; and, on all appointments to the competitive service insure that the Civil Service regulation number is entered in the box "Civil Service or other legal authority" (Item 15) (for example, for appointments made pending establishment of a register, show "CSR 2.302(a)"). The Standard Form 85 must clearly identify the name and address of the activity and the full first and middle names of the employee or prospective employee. In cases where the individual has no middle name, the designation (NMN) should be shown on the form. In rare instances where individuals have initials only for their first and middle names, the form should show (no given or middle name).
Naval activities in the Washington, D. C. metropolitan area will submit NACI requests to:
Second U.S. Civil Service Region News Building
220 East 42nd Street
New York 17, N. Y.
Each field activity outside the Washington, D. C. metropolitan area will be advised of the correct address for the submission of NACI requests by the CSC Regional Office having immediate jurisdiction over the area in which the activity is located.
4. The papers for routine national agency checks should be submitted without transmittal letter or form. If desired, a record of the transmission may be made in the activity's records, for example, by noting the date of submission on the original Standard Form 85, Cases requiring other than routine handling should be sent with a letter, or a notation on the Standard Form 85, showing clearly what is desired,
5. In cases of applicants being considered for nonsensitive apprentice positions, the Civil Service Commission, under special agreement with the Department, will accept requests for a pre-employment national agency check and written inquiries and for an advance report of the national agency check, When such pre-employment national agency check and written inquiries are desired, the appointing officer should initiate such investigation by submitting prior to appointment, the required documents, as set forth above, to the appropriate office of the Civil Service Commission. However, the following statement should be added across the top of the Standard Form 85: "BY SPECIAL AGREEMENT WITH THE CIVIL SERVICE COMMISSION, A REQUEST FOR A PRE-EMPLOYMENT NACI FOR A NONSENSITIVE APPRENTICE POSITION, WITH AN ADVANCE REPORT OF THE NAC.
IL PROCESSING RESULTS OF NATIONAL AGENCY CHECK AND WRITTEN INQUIRIES FOR A NONSENSITIVE POSITION RETURNED BY THE APPROPRIATE OFFICE OF THE CIVIL SERVICE COMMISSION,
1. The appropriate office of the Civil Service Commission will fumish to the employing activity (as designated in item 18 of Standard Form 85), the results of the national agency check and written inquiries.
2. The appointing officer shall review the results of the national agency check and written inquiries and determine whether the continued employment of the appointee is or
is not clearly consistent with the interests of the national security.
3. If the decision is favorable to the appointee, the appointing officer shall note the application form "Processed under E. O. 10450" and initial and date the notation. The application form shall then be filed in the Official Personnel Folder; the results of national agency check and written inquiries furnished by the Commission shall be filed under the custody of the security officer of the activity, there to be retained so long as the subject remains on the rolls of the activity.
4. If the decision is adverse to the appointee the appointing officer shall proceed in accordance with NCPI 732,6 or NCPI 732.4, whichever is appropriate. The application form shall be filed in the Official Personnel Folder without notation. The action taken in the case will be reflected in the Official Personnel Folder by copy of the Personnel Action Form, Standard Form 50, issued as a result of the action taken pursuant to NCPI 732.6 or NCPI 732.4. If the appointee is retained on the rolls of the activity, the results of national agency check and written inquiries shall be filed under the custody of the security officer of the activity. If the appointee is separated from the rolls, the results of national agency check and written inquiries shall be disposed of in accordance with Section IV, below.
III. ASSESSING RESULTS OF NATIONAL AGENCY CHECKS AND WRITTEN INQUIRIES.
1. It is the policy of the Civil Service Commission, if the results of the national agency checks and written inquiries are clearly favorable, not to fumish the investigative material to the employing activity unless specifically requested to do so. The Department of Defense has requested the Civil Service Commission to furnish to employing activities the results of all national agency checks and written inquiries, including those which are clearly favorable. The employing activity has the responsibility of assessing such clear cases under the security program,
IV. DISPOSING OF RESULTS OF NATIONAL AGENCY CHECKS AND WRITTEN INQUIRIES WHEN SUBJECTS “THEREOF ARE SEPARATED FROM THE ROLLS.
1. The results of national agency check and written inquiries, including the copy of Standard Form 85 returned by the Commission, shall be maintained under the custody of the security officer of the employing activity as long as the person investigated is on its rolls. If the person is separated for any reason, except transfer to another Naval activity, the investigative file shall be returned by the employing activity to the U, S. Civil Service Commission, Bureau of Personnel Investigations,
Washington 25, D. C., noted to show that the person has been separated. The investigative file returned to the Commission shall include only that investigative material which was furnished by the Commission. It will not include such items as the signed originals of Standard Form 85 application forms, or reports of investigation or voucher inquiries conducted by the employing activity or other activities of the Department of the Navy. Nor will it include reports of arrest record not furnished as part of an investigative file.
2. In cases of transfer to other Naval activities, the losing Naval activity shall forward the investigative file to the gaining mval activity.
'In the case of a reappointment, if it appears that the case may have previously received the required checks, submission of the forms may be deferred until the Official Personnel Folder has been obtained. However, if the break in service has been in excess of one year the required forms must be submitted within the 3-day deadline.
For civilian marine appointees to the Military Sea Transportation Service, the Civil Service Commission has approved the waiving in emergency crewing situations of the three-day time limit for submitting the Standard Form 85 and related documents, When presailing time does not permit submission of the security investigative forms within three days after the appointees enter on duty, appointees to nonsensitive positions may complete the forms aboard ship during the voyage. These forms will then be mailed to the home port at the first port of call,
For routine national agency checks and inquiries, the required papers should be submitted without a covering transmittal letter or form. Cases requiring other than routine handling should be submitted with a letter or a notation on the Standard Form 85 showing clearly what is desired.
The signed original, which is needed in the event prosecution is necessary, may be retained in either the activity's investigative files or in the employee's Official Personnel Folder. However, in event of the employee's separation, the signed original must be placed on the right or permanent side of the Official Personnel Folder. 'The original application will be retumed to the activity for inclusion in the appointee's Official Personnel Folder. Activities may, at their discretion, remove and retain in their files any examination papers attached to applications since they are not required in conducting investigations.
*In cases not requiring submission to the Civil Service Commission wherein the activity itself or the Department has conducted written or voucher inquiries, the inquiries and results should likewise be maintained in the custody of the security officer of the activity. They should not be filed in the Official Personnel Folder.