Speech #840099260

Phillip Young. to initiate a desk audit. According to statutory and regulatory provisions. and the rules of the Civil Service Commission itself. individuals employed in an advisory capacity may not perform operating responsibilities normally assigned to regular executive positions within the organization. The desk audit which I requested the Chairman of the Civil Service Commission to undertake was for the purpose of ascertaining whether Generals Partridge and Howard had served solely as consultants or advisers to the Immigration Service or whether they had not. in reality. actually carried out operating responsibilities within the Service. I have just received. over the signature of Chairman Young. the final findings of the Civil Service Commission as a result of this desk audit. In a nutshell here is what the Commission has determined: "If it is assumed that the provisions of section 15. Public Law 600. apply to the appointment of Generals Partridge and Howard as consultants in the Immigration and Naturalization Service. the recent investigation conducted by the Commission at your request within that organization reveals that in substantial part the duties performed by these appointees were properly classifiable as a part of the normal functions of that organization." It is clearly evident that operating responsibilities. normally assigned to regular executive positions within the organization. constituted a significant portion of the total responsibilities assigned in each case. In further evidence of this. a directive outlining the details of Operation A. relating to the operations of the border patrol. was signed by General Partridge as "Special Assistant to the Commissioner." And on June 3. after the period of General Partridges eligibility for employment had expired on May 17. the chief special inquiry officer of the INS. Mr. Sidney Rawitz. testifying before the Legal and Monetary Affairs Subcommittee. stated: The Enforcement Division (of the Immigration Service) is presently operated by And that was sworn testimony. It is. I think. highly significant that General Partridges employment with the INS occurred simultaneously with General Swings appointment as Commissioner. and that General Howards appointment came within the next 4 months. In addition. at about this same time. one David Carnahan. who served under General Swing in the llth Airborne Division during World War II. was named General Regional Commissioner of the Southwest Region. one of the four top positions in the immigration field service. When Commissioner of Immigration Swing appeared before the Committee on Armed Services of the House it was to urge the committees favorable consideration of the two bills. S. 1271 and S. 1272. He stated that although he had endeavored to fill these positions of Assistant Commissioners from within the Service. he had been unsuccessful in his efforts to find qualified people.