Hickerson–Murphy–Key files, lot 58 D 33, “Security”
Memorandum for the Files, by William L. Franklin of the Office of Security
- Subject:
- Transmission of Information under Executive Orders 10422 and 10459 by the Civil Service Commission’s International Organizations Employees Loyalty Board1
On August 5, 1953, Mr. George Ingram, Director, Office of International Administration, Mr. Joseph S. Henderson, Chief of the Division of International Administration and William L. Franklin, Special Assistant to the Director, Office of Security, had an informal meeting with the members of the International Organizations Employees Loyalty Board of the Civil Service Commission to discuss the nature and types of information to be transmitted under the Executive Orders.
[Page 343]The Board pointed out that it was adopting its procedures and establishing its policies of operation. It requested information on the types of cases that it would be called upon to consider so that it would be in a position to formulate its policy. Mr. Ingram was the chief spokesman.
Two general types of cases were described by Mr. Ingram. He pointed out that the Board would be called upon to consider cases on employees and cases on applicants for employment, Mr. Ingram explained these cases would cover the United Nations organizations in New York and the separate specialized international agencies, such as UNESCO, WHO, etc. He differentiated between the problems involved in the cases of employees versus applicants. He called attention to the fact that in taking action against an employee the Secretary General of an international organization had to consider decisions reached by administrative tribunals or executive boards and in some instances he was bound by them. He said that the administrative tribunals of the United Nations in the past had ruled against the Secretary General’s dismissal of a person unless that individual received a lump sum settlement of his contract with the organization. However, Mr. Ingram also pointed out that as a result of the International Jurists Report of December 1952, the Secretary General of the United Nations in cases involving disloyalty of American citizens, can remove those persons from their positions without being bound by the decision of the administrative tribunal. To give the Secretary General the support he needs, Mr. Ingram pointed out that any information the Board had to support extreme political activity, subversion, or the likelihood of a person’s engaging in subversive activity would contribute to the success of the Secretary General’s getting rid of undesirable Americans employed in staff positions, etc.
Upon hearing this, the Board concluded that it would be the policy to transmit interim derogatory information in employee cases when it appeared unlikely the completion of an investigation would not alter the adverse findings during an earlier stage of the investigation. Therefore the Department may not expect to receive very much information at an interim stage of an employee investigation from the International Organizations Employees Loyalty Board.
On applicants, Mr. Ingram pointed out that the same questions did not arise. He explained that the Secretary General had more freedom of action and if an applicant being investigated was productive of derogatory information, the receipt of that information by the Secretary General might result in the investigation being cancelled with the selection of another applicant, free of derogatory information, for the position.
The Board indicated it would adopt a less restrictive policy with respect to applicants. In the event that findings during an interim [Page 344] stage of an investigation warrant the transmission of information, the Board will act on that information to inform the Secretary General.
The question of suitability information was discussed. Mr. Ingram stated the Secretary General of each international organization would appreciate receiving this information. The Board also was informed that it was informally agreed that suitability information would be transmitted by the Board when the Federal Bureau of Investigation, Civil Service Commission and the Departments of Justice and State considered the amendment to Executive Order 10422. The Board agreed to make suitability information available to the international organizations.
Before transmitting information through the Secretary of State to the Secretary General, the Board raised the question as to the desirability of establishing an informal liaison group with the Department of State for the purpose of assisting the Board in making the determination of certain types of information to be transmitted to the Secretary General. The answer given was that in compliance with the Executive Orders the Department of State, to avoid any possibility of exceeding its authority of remaining merely a channel of transmission, would not desire the establishment of this informal working group. The Board then indicated it recognized its responsibility to make final determinations in the cases referred to it without the advice and assistance of the Department in deciding upon the information to be transmitted.
Another question the Board raised was what precautionary steps would be taken by the State Department’s Office of Security to insure that the information transmitted by the Board for the Secretary General would not be prejudicial to the security interests of the United States. The answer given was that the Department would presume the Board had made that determination and would not transmit information of an internal security nature which should not be received by the Secretary General. It was suggested that investigative agencies submitting reports to the Board in all probability would identify any information which would be prejudicial to the security interests of the United States if transmitted to the Secretary General. However, on this point the Board was informed a new question had been raised and would be brought to the attention of proper officials.
The question of associations with the employees of the Department of State and other branches of the Government by subversive Americans employed by international organizations was discussed. Mr. Ingram explained that in the event an employee or applicant of international organizations with subversive tendencies should be associated with the employees of the Department of State or of other Executive Branches of the Government, that the names of such Federal employees should not be made known to the Secretary General. If the [Page 345] Board felt it was pertinent to call these associations to the attention of the Secretary General, Mr. Ingram indicated this could be done merely by stating that the United Nations employee was associated with employee of the Federal government who would come within the purview of Executive Order 10459. The Board agreed to delete from the summaries of information the names of any Federal employees who might be associated with subversive Americans employed by international organizations.
In cases in which derogatory information had been developed but was later overcome by favorable information the Chairman ruled that a summary of the derogatory information would not be submitted if clearance was granted. He explained the Board’s practice would be merely the giving of a clearance in this type of case without reference to the derogatory information. On the other hand he explained that summaries of derogatory information with adverse findings against an individual would be transmitted.
The Board asked about those employees of international organizations who had refused to fill out the necessary form required for the investigation under the Executive Order. Mr. Ingram replied there were four individuals known to have refused to fill out the necessary form. Both he and the security office’s representative explained that steps were being taken to have these persons investigated in accordance with the Executive Order.
The procedures outlined by the Board and the position taken by the Department’s representative were discussed in general with Mr. Ylitalo2 following the meeting with the Board. Mr. Ylitalo indicated that the positions taken and the proposed policies of the Board were in keeping with the Department’s understanding of the responsibilities imposed by the Executive Order.