ML20202A933

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Submits Appeal of R Arrington Decision of 840517 Denying Agency Request for General Covarage Under Section 8336(c) for Position,Director,Ofc of Inspector & Auditor
ML20202A933
Person / Time
Issue date: 06/29/1984
From: Bird P
NRC OFFICE OF ADMINISTRATION (ADM)
To:
OFFICE OF PERSONNEL MANAGEMENT
Shared Package
ML20199L935 List:
References
FOIA-98-361 NUDOCS 9901280317
Download: ML20202A933 (2)


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JUN 2 91984

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Office of Personnel Management [ .. G, Employee Service and Records Center Post Office Box 107.

Boyers, PA 16017 Attention: Employee and Records Center This appeals Mr. Roland Arrington's decision of May 17, 1984 (Enclosure 1),

denying the Agency's request for general coverage under section 8336(c) for .

the position, Director, Office of Inspector and Auditor (OIA). .gp OPM'sdenialwasbasedontheircententionthatCriminalInvestigative@owledha -

was not a basic qualification for the position. Such is actually not.tue case --

and we therefore request that you reconsider the initial decision to deny coverage. We do agree that this position, if approved, would fall under the s e condary/__a_dm. i..n.i.s trati v.e _ categgry.

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Some of the majordspo?isibiljtiDf the positi as established in 10 CFR 1.30 include: a) conducting facts with regard ~t'o~the .loy.e.s.tigatii.ons_and integrity of all NRC3 pef inspec iousb) tilons; toinvestigating ascertain and possible verify the

! irregula'rities or alleged misconduct of NRC employ es, equal employment opportunity

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i and civil rights complaints, and cTiliiis for pgtig 1. property loss or. damage; l c) referMng.. suspected or_ alleged crimiralviolations tpfth7e. IpiiirTient of JustTce; and d7 maintaining ifaison with the Department of Justice and other law t

enforcement agencies in criminal and other inve igative matters.

The Director, 01A, is considered the Irtspector.Ji eral for the Agency and as such is the Agency official responsible for the i vestigation and elimination of. fraud and_ waste in NRC programs and operations. It is also considered an interdisciplinary position, recognizing qualificat n through one of two /

_ occupational specialties: _ auditing 6 r1 riminal inve tlW,t1 u wer/words, f Jn indiv1auai witn appr%iriats crimi mi investigative 4x~e p

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the bib quaiirications for T.nis. position and unaer yow seguiatium, should -

h6t~be Tenieu coverage. .

l Managerial po_sition,s_arein . rigid, compartmentalized entities and we should not restrict or i_mpose unnecessary b l ~

- rLourjelves when seeking quality managers.

In order to meintaiiii f.IIWati 'ffnTD1ittjVin^ managerial recruitment we must be allowed'to draw from the care 'ive:mga;or pcos anu nutue 1tiiTed solely tlijiny.iduals.xi.th a.ygt backaroon.dj. d Further, it is a position n the Senior i Executive Service which stresses broad transferable _expe.tience. To successfully draw from the-investigator pool we must be able to, offer a position which extends .

to the applicant the traditional benefits enj'oyed'and deserved,by law enf.grc,ement

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personnel. We believe we~dhii'60 this'b~otii withln~ thE ' spirit and the ' letter of

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thTfTgUTations. -

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9701280317 990111 3 PDR FOIA #

FOSTER 98-361 PDR"

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d 2 ' JUN 2 91984 As such, we request +h=t p " =parava 8335(c) rc' M coveraoe for those

~ ~ 1ndividuals who accept this position if thav meet the provisions _of FPM '

Nwl_nt 65^ , subcnapter 3-3, e.(1) and (2) which state:

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(1) Service in the position transferred to follows service in a covered posihon wunaut a breaf in service of more'Than Three days; or -

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') (2) After intervening employment {90 A *L S C ff f3 in V'aln,oncovere ) position.

We feel that both our needs wourd be served under these conditions.

i' With regard to the case of James Cummings, we ask that his service as Director, Office of Inspector and Auditor be covered under 8336(c). He . /

accanted the__positi..on in_ od faith and with asurADnes from bgth,,,jtC. N >

and the Civil Service Come ss oT now the Office of Personnel Management- -

lii. 6 tne position or DirectoEDffice of Inspector and Auditor, was covered 'Wo under 8336(c) and that his retirement would not be jeopardized as a result of accepting this position. This is evidenced by NRC continuing to withhold the 7 1/2 percent law enforcement retirement.

i We have. enclosed a copy of the position desntiption for the Directoru01A (Enclosure 2). If you need additToniT informatioh, ple'a~se" cull" Susan Dickerson of my staff on FTS 492-9500. -

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l Sincerely.

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i Paul E. Bird, Director Division of Organization & Personnel Office of Administration

Enclosures:

1. Memo dtd 35/17/84.
2. Position Description s

l 3. Request for Extension'dtd 06/08/84 1' -

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