ML20057B797
| ML20057B797 | |
| Person / Time | |
|---|---|
| Issue date: | 12/05/1983 |
| From: | Fitzgerald J NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| Shared Package | |
| ML20049A457 | List:
|
| References | |
| FOIA-92-436 SECY-83-493, NUDOCS 9309240019 | |
| Download: ML20057B797 (10) | |
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POLICY ISSUE l
December 5, 1983 (Notation Vote)
SECy_83_433 i
LIMITED DISTRIEUTION i
For:
The Commissioners j
From:
James A.
Fitzgerald Assistant General Counsel
Subject:
FOIA APPEAL 83 A 30 C (DEMPSEy) l REGARDING SELECTION FOR POSITION OF OI DIRECTOR Discussion:
Lawrence Dempsey has appealed the initial response to his Freedom of Information Act ("FOIA") request.
By I
letter dated June 3, 1983, Mr. Dempsey l
requested "information as to the se-l 1ection process and selection for l
applicant of the candidate for the l
position of Director, Office of Inves-l tigations."
Specifically, Mr. Dempsey l
asked for:
"(1) information to the policies, rules, procedures and practices of NRC's SES selections process; (2) my specific status and rating in the ' qualified candidate' group in the I
rating process; (3) my evaluation and those of other
' qualified candidates' in the pan-el/ board / interview process;
Contact:
""'"'"4""~"""""
Beverly S. Segal, OGC in acccdance vnth the f redom cf Information X43224 r
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representation, review of advisement of.the SES and particularly the SES.70 position process.
(5). the evaluation factors, scores, evaluations, papers or transcripts of report or notes of the rating process; 9
(6) qualifications determined by NRC,.
of the candidate selected- 'whose quali-fications met the position to a greater degree'; and (7) all documents, notes, memo, file reports, transcripts and interview records that certain to mv ' selection as-
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qualified can'didate'--yet reflecting on my non-selection."
The initial request was granted in part and denied in part.
Eighteen documents were released in entirety; nine docu-ments were released with deletions of certain information to protect against elearly unwarranted invasion of personal privacy, 5 U.S.C. 552 (b) (6) and 10 CFR 9.5 (a) (6).
Nine documents were with--
held.
The appeal focuses on the_nJne._docWan+=
Qsted in AppenE f~D.,in the original FOIA response which were withhe.id in theiF intiie'tv.
The resconse explained t5sse~do'uments were notes and
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that c
memoranda contA_ning_predecisional i
advice, opinions and recommendations of the Commiss'ioners and their staffs and disclosure would have tended to inhibit-free discussion of views and opinions integral to a sound evaluation process.
Furthermore, it was stated that these documents contained no segregable
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portions.
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1 The documents previously' withheld have i
been reviewed by OGC and we recommend i
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.has reviewed that'....
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Recommendation:
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.- v James A.
Fitzg.ald j
w Assistant General Counsel t
Attachments:
Enclosure A:
Document recommended for release Enclosure B:
Documents recommended for withholding Enclosure C:
Newly identified document recommended for withholding Enclosure D:
Draft letter to Dempsey L
Commissioners' comments or consent should be provided directly to the Office of the Secretary by c.o.b. Monday, December 19, 1983.
Commission Staff Office comments, if any, should be submitted to the Commissioners NLT Monday, December 12, 1983, with an information copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and
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the Secretariat should be apprised of when comments may be expected.
DISTRIBUTION:
Commissioners OGC OPE i
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SECY m
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. OPENING.DATE:
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1 CLOSING DATE:
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I PCSITIOS:
Director, Office of Investigations l
LOCATION:
j ARIA OF CONSIDERATION:
r SPECIAL NOTE:
THIS POSITION IS IN THE SENIOR EXECUTIVE
- -r SERVICE AND IS DESIGNATED AS AN SES l
CAREER-RESERVED POSITION.
SELECTEE WILL BE REQUIRED TO ENTER THE SES.
DUTIES:
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The incumbent will direct and supervise'all investigations j
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pertaining to allegations of wrongdoing by those other than NRC employees and NRC contractors; this includes investigations of licensees, applicants, their contractors or vendors.
The
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-specific responsibilities will include:
l Directing and managing a program to ensure agency capability I
to perform credible, thorough, timely and objective i
investigations; I
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Developing and implementing policy, procedures and quality control standards for investigations conducted by the office; Advising the Commission, the Executive Director for Operations and Regional Administrators on the need for formal investigations based on inquiries and inspection findings; Developing and implementing an effective, on-going training.
program for office investigators; Advising the agency of investigation findings that have safety implications; and Advising and assisting the Office of Inspector and Auditor in referrals to the Department of Justice.
Mandatory Professional / Technical Qualifications 1.
Demonstrated ability in managing the conduct of investigations, including initiative, ingenuity, resourcefulness and judgment in directing the collecting, assembling and developing of facts and other pertinent data in an investigative proceeding.
3 i-2.
Demonstrated ability in managing programs involving the logical and objective analysis and evaluation of, facts, evidence and relevant information to arrive at sound conclusions.
3.
Demonstrated capability in the administration of efforts requiring preparation and presentation of written and oral reports of investigative findings in a clear and concise manner.
4.
Demonstrated competence and experience sufficient to command the confidence and cooperation of higher level managers in the Federal or private sector.
Ability to effectively obtain the cooperation and confidence of others.
Additional Desirable Qualifications 1.
Working knowledge of the legal authorities required for NRC investigation activities.
2.
Understanding of the general principles involved in protecting public health and safety from the potential hazards associated with the operation of nuclear facilities.
Managerial / Executive Qualifications Executive qualifications are defined in terms of ccmpetence to assume leadership responsibility in six activity areas broadly s
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t applicable to executive positions throughout the Senior Executive Service.
1.
Effectiveness in integrating internal and external program / policy issues (i.e., understanding the impact of program activities; coordinating. efforts with internal offices, other go"ernment agencies, laboratories and industry groups on varied, complex and controversial technical issues).
2.
Ability to function as an organizational representative and liaison on substantive issues.
3.
Ability to provide direction and guidance of programs, projects or policy development (i.e.,
long-term and short-term planning of program / project activities; formulate program goals and objectives).
4.
Abi,lity in resource accuisition and administration (i.e.,
staffing, work force planning - including EEC and affirmative action planning; budgeting, and contracting).
5.
Ability to utilize human resources (i.e., selecting, l
developing, training and managing a professional staff; EEO and affirmative action achievements).
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5 6.
Ability to analyze and review program / project activity results.
EVALUATION METHODS Candidates will be rated on the basis of meeting the qualification criteria stated above.
Only candidates meeting managerial qualification requirements and all of the mandatory technical qualification will be deemed qualified and eligible for s
further consideration.
In determining the degree to which l
candidates possess the required or desired knowledges, skills, l
and abilities, the rating panel will consider related experience, j
o education, training, awards, appraisals of performance and j
professional references.
i Selection will be made without regard for race, color, religion, sex, national origin, political affiliation, marital status, t
1 physical handicap, age, membership or nonmembership in an l
employee organization, personal favoritism or other nonmerit f
i factor.
l SALARY l
i The Senior Executive Service currently provides for a payable i
salary range of 554,755 - 558,500 per year.
The anticipated Es rance for this position is ES-1 through ES-5.
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.PRCSATIONARY PERIOD.
A candidate for career appointment will be required to serve a one-year probationary period unless he/she currently has career status in the Senior Executive Service.
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HOW TO APPLY i
li Applicants should submit a complete Personal Qualifications j
Statement (SF-171) highlighting their technical and professional qualifications, their most recent performance appraisal and a t
narrative statement specifically addressing their accomplishments and/or potential to provide leadership in each of the six executive / managerial areas set out above.
The application material should be sent to:
I U.S. Nuclear Regulatory Commission i
' Division of Organization and Personnel 4
Washington, D.C.
20555 Attention:
Theresa Spearman /Johanna Gallagher 171J '
i I
All application materials are subject to the provisions of the Privacy Act and become the property of the NRC.
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