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Correspondence, Miscellaneous (05/06/1985-05/21/1985)
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Correspondence, Miscellaneous (05/06/1985-05/21/1985)
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John Roberts' Subject Files
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: Correspondence, Miscellaneous
(05/06/1985-05/21/1985)
Box: 14
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To see all Ronald Reagan Presidential Library inventories visit:
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Contact a reference archivist at: [email protected]
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WITHDRAWAL SHEET
Ronald Reagan Library
Collection Name
Withdrawer
MJD 8/30/2005
File Folder
CORRESPONDENCE, MISCELLANEOUS (05/06/1985-
FOIA
05/21/1985)
F05-139/01
Box Number
14
COOK
25MJD
DOC Doc Type
Document Description
No of Doc Date Restrictions
NO
Pages
COPY Reagan Presidential Record
1 MEMO
JOHN ROBERT TO FRED FIELDING RE
1
5/7/1985
B6
939
REQUEST FOR LETTER OF
COMMENDATION (PARTIAL)
2
MEMO
FRED FIELDING TO ANNE HIGGINS RE
1
5/7/1985
B6
940
REQUEST FOR LETTER (PARTIAL)
Freedom of Information Act [5 U.S.C. 552(b)]
B-1 National security classified information [(b)(1) of the FOIA]
B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA]
B-3 Release would violate a Federal statute [(b)(3) of the FOIA]
B-4 Release would disclose trade secrets or confidential or financial Information [(b)(4) of the FOIA]
B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]
B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]
B-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA]
B-9 Release would disclose geological or geophysical Information concerning wells [(b)(9) of the FOIA]
E.O. 13233
C. Closed in accordance with restrictions contained in donor's deed of gift.
WITHDRAWAL SHEET
Ronald Reagan Library
Collection Name Roberts, John: Files
Withdrawer
LOJ
8/4/2005
File Folder
CORRESPONDENCE, MISCELLANEOUS 05/06/1985-
FOIA
05/21/1985
2005-139
Box Number
14
COOKE
1022
ID Doc Type
Document Description
No of Doc Date Restrictions
Pages
19526 CABLE
RE NATO POLITICAL COMMITTEE
3 5/6/1985 B1
R
6/22/2006
Freedom of Information Act . [5 U.S.C. 552(b)]
B-1 National security classified information [(b)(1) of the FOIA]
B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA]
B-3 Release would violate a Federal statute [(b)(3) of the FOIA]
B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]
B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]
B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]
B-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA]
B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of gift.
THE WHITE HOUSE
WASHINGTON
May 6, 1985
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS DDR
SUBJECT:
Request for Information Concerning
Employment Discrimination and
Affirmative Action
Richard Martinez, the Chairman of the Affirmative Action
Advisory Committee for the Merced County Department of Human
Resources, has written the President to ask for information
on the positions of the Department of Justice and the
Commission on Civil Rights on affirmative action and com-
parable worth. I recommend referring the letter to both
Justice and the Commission on Civil Rights, asking them to
respond directly, and so advising Martinez. Appropriate
drafts are attached.
Attachments
THE WHITE HOUSE
WASHINGTON
May 6, 1985
Dear Mr. Martinez:
Thank you for your letter of April 23 to the President. In
that letter you requested information concerning various
positions of the Commission on Civil Rights and the Depart-
ment of Justice.
I have referred your letter to those agencies for direct
reply. You should be hearing from them shortly.
Sincerely,
Orig. signed by FFF (a)
Fred F. Fielding
Counsel to the President
Mr. Richard F. Martinez
Department of Human Resources
Post Office Box 112
Merced, California 95341-0112
FFF:JGR:aea 5/6/85
bcc: FFFielding
JGRoberts
Subj
Chron
THE WHITE HOUSE
WASHINGTON
May 6, 1985
MEMORANDUM FOR D. LOWELL JENSEN
ACTING DEPUTY ATTORNEY GENERAL
U.S. DEPARTMENT OF JUSTICE
(a)
FROM:
FRED F. FIELDING
Orig. signed by FFF
COUNSEL TO THE PRESIDENT
SUBJECT:
Letter to the President from Richard Martinez
In the attached letter to the President, Richard Martinez,
the Chairman of the Merced County Department of Human
Resources Affirmative Action Advisory Committee, requests
information on various positions of the Department of
Justice. The correspondence is submitted to you for what-
ever direct reply you consider appropriate. I have also
referred the correspondence to the Commission on Civil
Rights, and advised Mr. Martinez of both referrals.
Many thanks.
FFF: JGR:aea 5/6/85
CC: FFFielding
JGRoberts
Subj
Chron
THE WHITE HOUSE
WASHINGTON
May 6, 1985
MEMORANDUM FOR JOEL MANDELMAN
ACTING GENERAL COUNSEL
U.S. COMMISSION ON CIVIL RIGHTS
(a)
FROM:
FRED F. FIELDING Orig. signed by FFF
COUNSEL TO THE PRESIDENT
SUBJECT:
Letter to the President from Richard Martinez
In the attached letter to the President, Richard Martinez,
the Chairman of the Merced County Department of Human
Resources Affirmative Action Advisory Committee, requests
information on various positions of the Commission on Civil
Rights. The correspondence is submitted to you for whatever
direct reply you consider appropriate. I have also referred
the correspondence to the Department of Justice, and advised
Mr. Martinez of both referrals.
Many thanks.
Attachment
FFF: JGR:aea 5/6/85
CC: FFFielding
JGRoberts
Subj
Chron
THE WHITE HOUSE
WASHINGTON
May 6, 1985
MEMORANDUM FOR D. LOWELL JENSEN
ACTING DEPUTY ATTORNEY GENERAL
U.S. DEPARTMENT OF JUSTICE
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Letter to the President from Richard Martinez
In the attached letter to the President, Richard Martinez,
the Chairman of the Merced County Department of Human
Resources Affirmative Action Advisory Committee, requests
information on various positions of the Department of
Justice. The correspondence is submitted to you for what-
ever direct reply you consider appropriate. I have also
referred the correspondence to the Commission on Civil
Rights, and advised Mr. Martinez of both referrals.
Many thanks.
FFF: JGR:aea 5/6/85
CC: FFFielding
JGRoberts
Subj
Chron
THE WHITE HOUSE
WASHINGTON
May 6, 1985
MEMORANDUM FOR JOEL MANDELMAN
ACTING GENERAL COUNSEL
U.S. COMMISSION ON CIVIL RIGHTS
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Letter to the President from Richard Martinez
In the attached letter to the President, Richard Martinez,
the Chairman of the Merced County Department of Human
Resources Affirmative Action Advisory Committee, requests
information on various positions of the Commission on Civil
Rights. The correspondence is submitted to you for whatever
direct reply you consider appropriate. I have also referred
the correspondence to the Department of Justice, and advised
Mr. Martinez of both referrals.
Many thanks.
Attachment
FFF:JGR:aea 5/6/85
CC: FFFielding
JGRoberts
Subj
Chron
313604
ID #.
CU
Dg
HK012
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
0 . OUTGOING
H . INTERNAL
I . INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Jon
Name of Correspondent: Richard martinez
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Request far information concerning guals and
future actions of the attarney Deneral civil
Rights commission regarding employment discrimination
and affirmative action.
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
CUITOLL
ORIGINATOR
85,05,03
/
/
Referral Note:
CUAT 18
D 85105106
5 85,05116
Referral Note:
/ /
/
/
Referral Note:
/
/
/
/
Referral Note:
/
/
/ /
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A . Appropriate Action
I Info Copy Only/No Action Necessary
A Answered
C Completed
C - Comment/Recommendation
R Direct Reply w/Copy
B - Non-Special Referral
S Suspended
D * Draft Response
S For Signature
F - Furnish Fact Sheet
X . Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
THE WHITE HOUSE
WASHINGTON
May 6, 1985
MEMORANDUM FOR BERNARD POSNER
EXECUTIVE DIRECTOR
PRESIDENT'S COMMITTEE ON EMPLOYMENT
OF THE HANDICAPPED
FROM:
ASSOCIATE COUNSEL MR TO THE PRESIDENT
JOHN G. ROBERTS
SUBJECT:
Permission to Reprint Article
from Disabled USA
This office received the attached request for permission to
reprint an article from Disabled USA. It is my understanding
that Disabled USA is published by the President's Committee
on Employment of the Handicapped, and accordingly I am
forwarding the correspondence to you for direct reply. Many
thanks.
Attachment
bg
ID #
CU
WHITE HOUSE
PRO14-09
CORRESPONDENCE TRACKING WORKSHEET
o . OUTGOING
H . INTERNAL
I . INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent: mary Kazy
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Permission to yerax an article in
DISABIED USA 198412 titled "Qr Learn to Like
warm Pepsi"
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
CUNTOLL
ORIGINATOR 85,02,26
/ /
Referral Note:
CUAT 18
R 85,02,27
5 85,03111
Referral Note:
/
/
/
/
-
Referral Note:
/
/
/
/
-
Referral Note:
/
/
/
/
-
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A - Appropriate Action
I . Info Copy Only/No Action Necessary
A Answered
C Completed
C - Comment/Recommendation
R Direct Reply w/Copy
B - Non-Special Referral
S Suspended
D Draft Response
S - For Signature
F - Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
-
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
Fred.
297496 cu
Field
Rehabilitation Institute of Chicago
Social Work
345 East Superior Street, Chicago, Illinois 60611 (312) 649-6000 Writer's direct dial number 649-6247
February 11, 1985
Executive Office of the President
The White House
1600 Pennsylvania Ave, N.W.
Washington, D.C. 20500
I am seeking permission to xerox an article in DISABLED USA 1984/2
titled Or Learn To Like Warm Pepsi to distribute to some of our
patient population here at the Rehabilitation Institute of Chicago.
I did send a letter of request to Superintendent of Documents in
December, who did in turn refer me to write to this office.
Please send your respnse to:
Mary Kozy, ACSW, CSW
Social Work Department
Rehabilitation Institute of Chicago
345 E. Superior
Chicago, Illinois 60611
Thank you in advance.
Sincerely,
mary Mary Kozy, ACSW, Kozy CSW
MK/os
A Member of The McGaw Medical Center of Northwestern University
Explyst
Or Learn to Like
Handred
Warm Pepsi
The Mind-Set of a Good Manager
Brings Success with Attendants
S the relationship between a dis-
this service is the Marin Center for
I
abled person and a hired attendant
Independent Living, located about 30
strictly a business one? Or is an at-
miles north of San Francisco. Bob
tendant a paid intimate? If a balance
Roberts directs the service, and he
between these two extremes is best,
takes a serious, balanced perspective
how can it be achieved?
on his job. Regarding the needs of a
Certainly, many elements of a busi-
disabled person and his or her attend-
ness arrangement are readily apparent
ant, Robert believes "The two people
in the manner in which disabled per-
are mutually dependent on each other
sons and their attendants relate to
for survival."
each other. Yet, unlike most employer-
The first thing that the Marin Center
employee situations, paid attendants
does to support a good working rela-
share many of their disabled employ-
tionship is to maintain a list of people
er's private and sensitive experiences.
who are interested in doing attendant
It's a situation where professional stan-
care work. Not just anyone, however,
dards need to be observed by both par-
gets on the listing. Applicants are
ties-but some amount of personal
carefully screened and are required to
compatibility is essential. To success-
have a sincere desire to help others.
fully balance the relationship, both dis-
Usually, Roberts will not even consider
abled person and attendant need to
anyone who is looking for temporary
realize that mutual consideration is a
work between jobs.
key element.
As a model, take the disabled
Interview and
woman who said she learned to regard
Selection:
her attendants primarily as employees,
with friendships usually evolving as a
The Disabled Person
natural part of the partnership. "I feel
is in Charge
that the boss-attendant relationship is
one in which there has to be give and
When a disabled person contacts
take on both sides. I do feel that some
Roberts for attendant referrals, Rob-
rules have to be made to protect
erts assists the employer evaluate his
myself from serious problems; hope-
or her needs before any attendants are
fully the attendant understands this."
interviewed. Defining needs can be
At the same time, this disabled person
difficult sometimes. Some disabled
added that an arrangement does not
persons, for instance, may be only
work for her unless friendship is pres-
beginning to adjust to the impact of dis-
ent; she sees herself as an employer
ability. They can be every bit as bewil-
but conducts herself in a balanced
dered by disability as some prospec-
manner.
tive attendants are. Yet, says Roberts,
To help improve the likelihood of a
it is important that every disabled per-
balanced relationship from the start,
son develops the ability to communi-
attendant referral services are offered
cate needs and priorities as soon as
by many community-based independ-
possible. If someone likes ice in his
ent living centers. A center near where
Pepsi, he must say SO. Or learn to like
I live (in northern California) that has
warm Pepsi.
4
course you'll hire me. No one else
would want the job." She succeeded
only in demonstrating that she would
cause serious problems for her em-
ployer later on. The next applicant al-
lowed the employer to manage the in-
terview, and was hired right away.
When either party conceals facts be-
cause the hiring is being done in a
panic, tremendous stress in the rela-
tionship later on is often a result.
The Importance
of Being
Managerial
When an employer conducts attend-
ant interviews, he or she should exam-
ine the applicant's personal commit-
ments that might interfere with job
performance. A woman with two small
children clinging to her during the inter-
view may be questionable. Would her
day care fees exceed her income?
What would happen if one of the chil-
dren came down with the mumps? Will
family obligations conflict with the abil-
ity to do the job?
Roberts advises employers to make
ants. Some disabled men, however,
Far from being sexual discrimina-
a written list of needs before interview-
who use catheters to relieve their blad-
tion, this scrutiny is common sense. All
ing any attendant applicants. Also, he
ders are sensitive about this and con-
possibilities are crucial to consider be-
feels, employers need to understand
sequently hire only men.)
fore hiring any employee.
their own personality traits in order to
During the employment interview, it
At the same time, the employer
hire attendants with whom they are
helps the prospective attendant if the
should leave room for negotiation. An
compatible. For those employers who
employer presents a schedule of
attendant may need to leave work
need it, Roberts helps with coaching
duties. Of course, how rigidly the
regularly at 4:30 in the afternoon,
how to conduct an employment inter-
schedule is actually followed depends
though the employer is accustomed to
view. Finally, he selects five applicant
on the employer's disability, tempera-
the day ending at 5:00. If the attendant
names from the referral list and sends
ment and lifestyle. Still, by being pro-
is otherwise suited to the job (and the
them to disabled persons seeking at-
vided with a basic idea of job tasks,
employer can be left alone for 30 min-
tendant care. "Usually," Roberts ex-
work times, and off hours before a hir-
utes), perhaps the attendant could
plains. "I'll try to match ages. If the
ing decision is made, an attendant can
come to work a half hour earlier in the
person is in their 50's, I'll find a few
form a better understanding of the job.
morning. It is a pity to pass up a terrific
grandmotherly types. But I might throw
This enables him or her to decide
attendant over a minor inconvenience.
in an 18-year-old, just for variety."
whether or not the job is worth explor-
Another important technique for de-
Still, each case is unique because
ing further.
veloping a successful relationship is
the personality of the employer is such
Besides assisting applicants evalu-
right out of the business world. "Get as
a great factor in the disabled person-
ate a job opening, specific information
much as you can in writing," Bob Rob-
attendant relationship. For example, a
helps the employer select the right at-
erts advises, "as soon as possible."
disabled person may prefer someone
tendant. Unless the disabled person is
Vague job descriptions and undefined
to make decisions for him. While such
in a desperate situation and needs an
expectations frustrate the new atten-
a situation, according to Roberts, is not
aide immediately, careful and deliber-
dant.
generally recommended, it is a legiti-
ate interviewing is always advisable.
Once the aide is secured, the next
mate choice. An employer with those
Taking your time is important when
major problem facing many disabled
inclinations should look for an aide with
evaluating an attendant applicant.
employers is lack of experience with
an authoritative attitude.
One woman who applied for a job
functioning in the role of manager. It is
(Both men and women, Roberts ob-
controlled the entire interview, and
a common problem, says Roberts, par-
serves, tend to prefer women attend-
even informed the employer that "Of
ticularly with recently disabled per-
5
sons. "The newly disabled person,
the final authority belongs to the
unwarranted abuse on coworkers,
lying on a bed at the rehabilitation hos-
employer.
more effective job performance can be
pital, thinks all he needs is a pivotal
Someone who is easily intimidated
resumed. Similarly, when an attendant
transfer from bed to wheelchair. It
will probably find assertiveness diffi-
fails to work properly, or has a bad atti-
never occurs to him that he needs his
cult. The most common method of in-
tude, the disabled employer is the re-
ice water poured for him."
timidation that attendants use is the
sponsible party to confront that atten-
Similarly, the high school graduate
threat of resignation. Even in times of
dant.
who has been disabled from birth has
high unemployment, people are not
Still, confrontation is a two-way
always had personal needs automati-
exactly clamoring for jobs as atten-
street. For example, a handicapped
cally met by parents, siblings, and the
dants. The fear of losing an attendant,
person is often dealing with many frus-
special education system. As a result,
no matter how inadequate he or she
trations relating to disability.
the first few hired attendants can easi-
may be, can provoke the employer into
Sometimes one forgets that the attend-
ly become authority figures. Making
making unnecessary compromises.
ant is neither the cause of the situa-
the transition from being a sheltered
The greater the dependency on an
tion, nor an appropriate target for pent
child to being an employer is frequently
attendant, the more vulnerable is the
up anger. When this happens, the at-
traumatic, and may take a great deal of
disabled employer.
tendant is perfectly justified in saying,
time.
Among other management skills, ac-
"I know you're going through a rough
Commenting on this, Roberts ob-
cording to Bob Roberts, that an em-
time, but don't take it out on me." A
serves, "Unlike other employers, the
ployer should be able to practice is the
wise employer avoids this unfortunate
disabled person hasn't choosen to be
ability to draw out the employee. "In
incident by knowing that part of good
in authority. So he's never learned
the business world," he states, "an
management is self-control.
management skills."
employer will talk problems out with his
Sadly, some attendants take advan-
employee. When an employee, for in-
tage of an employer's inexperience. As
stance, frequently comes to work in a
Advice From Other
Roberts puts it, "Attendants can be as
foul mood, snapping at everyone, the
cocky as heck. They think, 'I'm the
skillful employer will take him or her
Employers
able-bodied one here. I'm in control!'
aside and try to identify the source of
Since boredom frequently causes at-
In this situation the unprepared
the poor behavior and its impact on
tendant burn-out, the entire relation-
employer allows the attendant to
colleagues. Once the employee real-
ship should not revolve around the em-
become domineering, forgetting that
izes that the behavior is inflicting
ployer. Showing small considerations
6
to an aide can relieve the job of its mo-
cludes telling each other when they are
weaknesses against strengths, some
notony and make the attendant feel es-
upset; being straightforward about
reasonable compromise in the employ-
pecially appreciated. Some employers,
needs; and respecting each other's
er's needs should be considered. But if
for example, occasionally provide their
rights. An employer cannot reasonably
the employer honestly feels justified in
attendants with extra money for dinner
expect an aide to read minds and an-
asking an attendant to leave, the fear
or a movie with a friend.
ticipate all the employer's needs. Com-
of not being able to find a replacement
Disabled employers need to avoid
munication can prevent much suspi-
should never force the employer to re-
the pitfall of pity manipulation. Bob
cion and misunderstanding.
tain someone who performs poorly.
Roberts remembers a woman who is
According to Roberts, another con-
The most important element in a
ambulatory, but pretends to be quadri-
cept is important to keep in mind. An
working relationship between a dis-
plegic whenever a new person starts to
employer, to successfully function in
abled person and his attendant is hon-
work for her. Once one of her attend-
an authority position, should always be
esty. Open communication does re-
ants, a few weeks into the job, came
aware of drawbacks inherent in doing
quire basic management skills, which
back to Roberts, astonished. "Why,"
attendant work. The job pays by the
enable the employer to balance author-
gasped the attendant, "that woman
hour, carries few or no benefits, and of-
ity with sensitivity. The specifics of
can walk!' Roberts chuckled and
fers no union protections; there are no
each partnership depend on many vari-
nodded, "Yes, and she can drive,
promotion possibilities. For the dis-
ables-it's hard to propose many ab-
too!
abled employer, boldness in express-
solute rules. And although honest com-
As amusing as the story is, that
ing needs is desirable-and the extent
munication does not eliminate prob-
woman completely lost her attendant's
to which the employer participates in
lems entirely, it gives the employer and
respect. No one likes to discover that
society is partially determined by the
the aide a way of working through
someone has taken advantage of their
attendant. Nevertheless, the employer
them. In the final analysis. effective
generosity by lying to them. Further-
should monitor his or her demands, ex-
problem solving could mean the differ-
more, self-pity alienates people more
amine them in a balanced way, and
ence between a mere business ar-
quickly than it attracts-chronic com-
carefully avoid demands that might be
rangement and a rewarding friendship.
plaining is an effective way to lose an
unreasonable.
attendant.
-DebbieLynne Simmons
The best safeguard against manipu-
lation is honesty. For a disabled
An Attendant is
Miss Simmons is a free-lance writer.
employer and an attendant, honesty in-
Not Forever
In general, attendant care jobs are
short-term work. Very few attendants,
even those who continue in the attend-
ant care field, remain with the same
employer for more than a couple of
years. Reasons for the high turn-over
vary. A main cause for resignation is
burn-out. Other reasons include better
job offers, health problems, pregnan-
cies, and changing financial needs.
When an aide leaves under one of
these circumstances. the parting is
fairly comfortable.
There are, however, times when ter-
mination is mismanaged. Anger and
misunderstanding on both sides can
leave the employer feeling intense guilt
or resentment. If the termination is at
all precipitous, a disabled person's
frustration can be compounded by the
urgent need to find a replacement.
Quick dismissal is definitely appro-
priate when the disabled person suf-
fers from physical or psychological
abuse. But in other cases the employer
should carefully evaluate the situation,
making sure that dismissal is genuinely
warranted. In weighing the aide's
7
THE WHITE HOUSE
WASHINGTON
May 7, 1985
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS Dol
SUBJECT:
Request to Sell Girl Scout Cookies
to the President
B. Oglesby has referred to you a request from Congressman
Frank Wolf (R-VA) that the President meet with a constituent
who apparently is breaking all records for sales of Girl
Scout cookies. Elizabeth Brinton of Falls Church has sold
some 10,000 boxes and would like to sell one to the President.
The little huckster thinks the President would like the
Samoas.
Such a meeting would, of course, constitute an implied
endorsement by the President of the principal fundraising
endeavor of the Girl Scouts. Given the nature of the
Scouts, however, I would have no objection to an exception
to our policy against such endorsements if Scheduling is
interested in the idea. Attached is a draft memorandum
addressed to Fred Ryan, conveying Wolf's proposal and the
absence of any legal objection from us.
Attachment
THE WHITE HOUSE
WASHINGTON
May 7, 1985
MEMORANDUM FOR FREDERICK J. RYAN, JR.
DEPUTY ASSISTANT TO THE PRESIDENT
DIRECTOR, PRESIDENTIAL SCHEDULING
FROM:
FRED F. FIELDING F31RAH
COUNSEL TO THE PRESIDENT
SUBJECT:
Request to Sell Girl Scout Cookies
to the President
As you will see from the attached, Congressman Frank Wolf
has suggested that the President meet with a young consti-
tuent who is apparently breaking all records for sales of
Girl Scout cookies. The constituent would like to sell a
box of the cookies to the President.
As you know, normal policy would preclude Presidential
involvement in this charitable fundraising activity. Given
the nature of the Girl Scouts, however, I would not inter-
pose a legal objection to the meeting if it is something you
would like to do. I express no view on whether the President
should meet with the young Scout, or buy a box of cookies
from her, but simply note no legal objection to him doing
either or both.
CC: M.B. Oglesby, Jr.
FFF: JGR:aea 5/7/85
bcc: FFFielding
JGRoberts
Subj
Chron
THE WHITE HOUSE
WASHINGTON
May 7, 1985
MEMORANDUM FOR FREDERICK J. RYAN, JR.
DEPUTY ASSISTANT TO THE PRESIDENT
DIRECTOR, PRESIDENTIAL SCHEDULING
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Request to Sell Girl Scout Cookies
to the President
As you will see from the attached, Congressman Frank Wolf
has suggested that the President meet with a young consti-
tuent who is apparently breaking all records for sales of
Girl Scout cookies. The constituent would like to sell a
box of the cookies to the President.
As you know, normal policy would preclude Presidential
involvement in this charitable fundraising activity. Given
the nature of the Girl Scouts, however, I would not inter-
pose a legal objection to the meeting if it is something you
would like to do. I express no view on whether the President
should meet with the young Scout, or buy a box of cookies
from her, but simply note no legal objection to him doing
either or both.
cc: M.B. Oglesby, Jr.
FFF: JGR:aea 5/7/85
bcc: FFFielding
JGRoberts
Subj
Chron
ID# 300936
(THE WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
INCOMING
DATE RECEIVED: APRIL 03, 1985
NAME OF CORRFSPONDENT: THE HONORABLE FRANK R. WOLF
SUBJECT: WRITES ON BEHALF OF FLIZABETH BRINTON WHO
DESIRES TO SFLL THE PRESIDENT A BOX OF GIRL
SCOUT COOKIES
ACTION
DISPOSITION
ROUTE TQ:
ACT
DATE
TYPE C COMPLETED
OFFICE/AGENCY (STAFF NAME)
CODE YY/MM/DD RESP D YY/MM/DD
M. B. OGLESBY
ORG A850415 DD
CMFiel REFERRAL NOTE:
R85104118
85/04/18
/ /
REFERRAL NOTE:
/ /
/ /
REFERRAL NOTE:
/ /
/ /
REFERRAL NOTE:
/ /
/ /
REFERRAL NOTE:
DDy.
COMMENTS:
See I,D, 300957
ADDITIONAL \CORPESPONDENTS:
MEDIA:L INDIVIDUAL CODES: 1240
MAIL
USER .CODES: (A)
(B)
(C)
*ACTION CODES:
*DISPOSITION CODES:
*OUTGOING
*
*
*
* CORRESPONDENCE:
*
*A-APPROPRIATE ACTION
*A-ANSWERED
*TYPE RESP=INITIALS
*
*C-COMMENT/RECOM
*B-NON-SPEC-RFFERPAL
*
OF SIGNER *
*D-DRAFT RESPONSE
*C-COMPLETED
*
CODE = A
*
*F-FURNISH FACT SHEET
*S-SUSPENDED
*COMPLETED = DATE OF
*
*I-INFO COPY/NO ACT NEC*
*
OUTGOING *
*R-DIRECT REPLY W/COPY *
*
*
*S-FOR-SIGNATURE
*
*
*
*X-INTERIM REPLY
*
*
*
REFFR QUESTIONS AND FOUTING UPDATES TO CENTRAL REFERENCE
(ROOM 75, OEOB) EXT. 2590
KEEP THIS WORKSHEET ATTACHED 'TO THE ORIGINAL INCOMING
LETTER AT ALL TIMES AND SEND COMPLETED RECORD TO RECORDS
MANAGEMENT.
/dg
ID# 300957
THE WHITE HOUSE
CORPESPONDENCE TRACKING WORKSHFFT
PRO14-10-10) for
INCOMING
DATE RECEIVED: APPIL 03, 1985
NAME OF CORRESPONDENT: THE HONORABLE FRANK R. WOLF
SUBJECT: FORWARDS COPY OF LETTER FROM ELIZABETH
BRINTON, FALLS CHURCH, VIRGINIA WITH REQUEST
TO SFLL THE PRESIDENT GIRL SCOUT COOKIES
ACTION
DISPOSITION
ROUTE TQ:
ACT
DATE
TYPE C COMPLETED
OFFICE/AGENCY (STAFF NAME)
CODE YY/MM/DD RESP D YY/MM/DD
M. P. OCLESBY
ORG 85/04/03 mo A 85,04,15 and
vcu Ful
REFERRAL NOTE:
be R85104118
/ /
REFERRAL NOTE:
CUAT18
85104119
85104129
REFERRAL NOTE:
/ /
/ /
RFFERRAL NOTE:
/ /
/ /
REFERRAL NOTE:
TC
COMMENTS: See I,D, 300956
ADDITIONAL CORRESPONDENTS:
MEDIA:L INDIVIDUAL CODES: 1240
MAIL
USER CODES: (A)
(B)
(C)
*ACTION CODES:
*DISPOSITION ACODES:
*OUTGOING
*
*
*
* CORRESPONDENCE:
*
*A-APPROPRIATE ACTION
*A-ANSWERED
*TYPE RESP=INITIALS
*
*C-COMMENT/RECOM
*B-NON-SPEC-REFERRAL
*
OF SIGNER *
*D-DRAFT RESPONSE
*C-COMPLETED
*
CODE = A
*
*F-FURNISH FACT SHEET
*S-SUSPENDED
* COMPLETED = DATE OF *
*I-INFO COPY/NO ACT NEC*
*
OUTGOING *
*R-DIRECT REPLY W/COPY *
*
*
*S-FOR-SIGNATURE
*
*
*
*X-INTERIM REPLY
*
*
*
REFER QUESTIONS AND POUTING UPDATES 'TO CENTRAL REFERENCE
(ROOM 75, OFOB) EXT. 2590
KFFP THIS WORKSHEET ATTACHED TO "THE ORIGINAL INCOMING
LETTER AT ALL TIMES AND SEND .COMPLETED RECORD ITO RECORDS
MANAGEMENT.
WITHDRAWAL SHEET
Ronald Reagan Library
Collection Name
Withdrawer
ROBERTS, JOHN: FILES
MJD 8/7/2005
File Folder
FOIA
CORRESPONDENCE, MISCELLANEOUS (05/06/1985-
F05-139/01
05/21/1985)
COOK
Box Number
14
25MJD
DOC Document Type
No of Doc Date Restric-
NO
Document Description
pages
tions
1
MEMO
1 5/7/1985 B6
939
JOHN ROBERT TO FRED FIELDING RE REQUEST
FOR LETTER OF COMMENDATION
Freedom of Information Act - [5 U.S.C. 552(b)]
B-1 National security classified information [(b)(1) of the FOIA]
B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA]
B-3 Release would violate a Federal statute [(b)(3) of the FOIA]
B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]
B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]
B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]
B-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA]
B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]
E.O. 13233
C. Closed in accordance with restrictions contained in donor's deed of gift.
THE WHITE HOUSE
WASHINGTON
May 7, 1985
MEMORANDUM FOR ANNE HIGGINS
SPECIAL ASSISTANT TO THE PRESIDENT
COPY Reagan Presidential Record
DIRECTOR OF CORRESPONDENCE
FROM:
FRED F. FIELDING F31 RAH
COUNSEL TO THE PRESIDENT
SUBJECT:
Letter of Commendation for
Federal Protection Officer
You have asked if the President should send a letter of
commendation to
who alerted the Secret
Service to an individual representing a potential threat to
the President. I recommend against such a letter, primarily
b6
because the request for it, from
notes that
has been faced with the prospect of being laid off
for several years. There is the danger that
would use a lettér- from the President to try to save his job
should that eventuality come to pass, or that, if the lay
off is at all attributable to budget cuts, that the letter
could be embarrassing to the President. I would have no
objection to forwarding
request to the Secret
Service for whatever consideration that agency would accord
it.
FFF: JGR:aea 5/7/85
CC: FFFielding
JGRoberts
Subj
Chron
WITHDRAWAL SHEET
Ronald Reagan Library
Collection Name
Withdrawer
ROBERTS, JOHN: FILES
MJD 8/7/2005
File Folder
FOIA
CORRESPONDENCE, MISCELLANEOUS (05/06/1985-
F05-139/01
05/21/1985)
COOK
Box Number
14
25MJD
DOC Document Type
No of Doc Date Restric-
NO Document Description
pages
tions
2 MEMO
1 5/7/1985 B6
940
FRED FIELDING TO ANNE HIGGINS RE REQUEST
FOR LETTER
Freedom of Information Act - [5 U.S.C. 552(b)]
B-1 National security classified information [(b)(1) of the FOIA]
B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA]
B-3 Release would violate a Federal statute [(b)(3) of the FOIA]
B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]
B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]
B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]
B-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA]
B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]
E.O. 13233
C. Closed in accordance with restrictions contained in donor's deed of gift.
THE WHITE HOUSE
WASHINGTON
May 7, 1985
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS 026
COPY Reagan Presidential Record
SUBJECT:
Letter of Commendation for
Federal Protection Officer
Anne Higgins has asked if the President should send a brief
letter of commendation to
66
The request for such a letter came from
According to a letter of appreciation from a GSA
supervisor,
/
while on patrol, noticed and
reported a suspicious individual lurking near the site of a
scheduled Presidential visit. The Secret Service investigated
and the individual was deemed to have been something of a
threat.
notes that
has worked as an
FPO for GSA for seven years, and has been told every year
that he would probably be laid off. She thinks a letter
from the President would encourage him.
I would not send a letter. If
is in fact faced
with a possible lay off, there is the danger that he would
66
try to use a letter from the President to save his job. If
the reason for the lay off is even remotely linked to budget
cuts, the embarrassment to the President could be significant.
A letter from the Secret Service -- if they consider one
appropriate -- is far less problematic. The attached reply
to Higgins advises her to raise the matter with them.
Attachment
311932
ID #
CU
Dg 0 OUTGOING
WHITE HOUSE
ME
CORRESPONDENCE TRACKING WORKSHEET
H - INTERNAL
I . INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent:
anne Higgins
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Drover songer prevented an individual
from harming the POTUS and would
like recognition
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
CUHOLL
ORIGINATOR 85,04122
/
/
Referral Note.D.
CUAT 18
D DD 85,04,24
58505104
Referral Note:
/ /
/
/
-
Referral Note:
/ /
/ /
-
Referral Note:
/
/
/ /
-
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
I * Into Copy Only/No Action Necessary
A Answered
C Completed
C . Comment/Recommendation
R - . Direct Reply w/Copy
B - - Non-Special Referral
S Suspended
D Draft Response
S. For Signature
F. - Furnish Fact Sheet
X . Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
THE WHITE HOUSE
WASHINGTON
May 8, 1985
MEMORANDUM FOR RICHARD A. HAUSER
FROM:
JOHN G. ROBERTS
off
SUBJECT:
Draft Response to U.S. NATO's Request
for Guidance for a May 14 POLADs Exchange
on Ratification of the 1977 Protocols
State Deputy Legal Adviser Mike Matheson has asked for our
views on a proposed guidance cable to be sent to the U.S.
NATO Mission. At the last Law of War Working Group meeting,
on April 22, the participants were advised that a meeting of
the NATO Political Committee would be held on May 14, and
that one of the items on the agenda would be the status of
ratification of the 1977 Protocols to the 1949 Geneva
Convention. The 1977 Protocols update and revise the famous
1949 Geneva Convention on the acceptable conduct of war and
treatment of prisoners of war. The 1977 conference was
unable to reach agreement on limitations on the use of
specific types of weapons, so another conference was held in
1979-1980 that gave rise to the Conventional Weapons Con-
vention, with three additional Protocols.
It is important to keep distinct the 1977 Protocols and the
Protocols to the Conventional Weapons Convention. The
upcoming NATO meeting concerns only the 1977 Protocols. The
United States has not yet decided whether to seek ratification
of the 1977 Protocols, pending review by the Joint Chiefs of
Staff. That review is not yet complete, but all indications
are that the Chiefs will recommend against ratification.
The proposed guidance cable accordingly points out the major
areas of concern, so the NATO Allies are aware that we may
well decide not to ratify. The main objection is found in
paragraph four: the Protocols would treat many terrorist
organizations as if they were countries engaged in war,
legitimizing their activities and offering them protections
and courtesies that should not be extended to common criminals.
I have no objections. The cable embodies the reality that
the military concerns of the Department of Defense are
prevailing in these discussions over the diplomatic objec-
tives of the Department of State.
Attachment
THE WHITE HOUSE
WASHINGTON
May 8, 1985
MEMORANDUM FOR MIKE MATHESON
DEPUTY LEGAL ADVISER
U.S. DEPARTMENT OF STATE
FROM:
RICHARD A. HAUSER RAH
DEPUTY COUNSEL TO
SUBJECT:
Draft Response to U.S. NATO's Request
for Guidance for a May 14 POLADs Exchange
on Ratification of the 1977 Protocols
Counsel's Office has reviewed the above-referenced proposed
guidance cable, and finds no objection to it from a legal
perspective.
RAH: JGR:aea 5/8/85
CC: FFFielding
RAHauser
JGRoberts
Subj
Chron
ID #.
CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
0 OUTGOING
H INTERNAL
I - INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent:
Mike Matheson
MI Mail Report
User Codes: (A)
(B)
(C)
Subject:
request for guidaned for & May 14 POLADS
Draft response for guidsance to USNATO's
exchange on Catification of the 1977 Protocols.
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
CUHOLL
ORIGINATOR 85,05,07
/
/
Referral Note:
CUAT18
D
85,05,07
$ 85,05,09
Referral Note:
for RAH's signature
/
/
/
/
-
Referral Note:
/
/
/
/
-
Referral Note:
/
/
/
/
I
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
I - Info Copy Only/No Action Necessary
A Answered
C Completed
C - Comment/Recommendation
R - Direct Reply w/Copy
B - Non-Special Referral
S Suspended
D Draft Response
S For Signature
F Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
DEPARTMENT OF STATE
Washington, D.C.
May 6, 1985
TgoR
TO:
NSC - Mr. Kimmett
OSD/ISP - Mr. Feith
OSD/GC - Mr. McNeill
JCS/J-5 - Commo. Sackett
ACDA/GC - Mr. Graham
White House Counsel - Mr. Hauser
FROM:
State/L - Mike Matheson
Attached is a draft response to USNATO'
request for guidance for a May 14 POLADs
exchange on ratification of the 1977
Protocols. Please give me your clearance/
comments by COB Thursday May 9.
Thanks very much.
Attachment:
Draft response.
OPTIONAL FORM 185 (OCR) (Rev 8-82)
Dept. of State
ACK
MAN
DTG
CLASSIFICATION
SPECIAL CHARGES
M
MATHESON DK
05/06/85, EXT. 23345, WANG 2040
PROVING OFFICE
NAME
CLEARANCES
CLEARANCES
ROUTINE USMISSION NAT 10
E.O. 12356:
TAGS:
SUBJECT: NATO POLITICAL COMMITTEE - 1977 PROTOCOLS TO
1949 GENEVA CONVENTIONS
REF: USNATO 2057
L. - ENTIRE TEXT.
2. USNATO 2057 REQUESTED GUIDANCE FOR MAY 14 EXCHANGE ON
THE STATUS OF RATIFICATIONS- INCLUDING THE ISSUES WE SEE
AS IMPORTANT. GUIDANCE FOLLOWS.
3. THE USG HAS TAKEN NO DECISION REGARDING RATIFICATION OF
THE 1977 PROTOCOLS. WE ARE PRESENTLY AWAITING THE RESULTS
OF A LENGTHY STUDY BY THE JOINT CHIEFS OF STAFF ON THE
MILITARY IMPLICATIONS OF THE PROTOCOLS. WE WILL SHARE THE
RESULTS OF THAT STUDY WITH NATO ALLIES AS SOON AS THEY ARE
DECLASSIFIED
NLS F05-139/1#19526
AVAILABLE. IN THE MEANTIME, THE FOLLOWING IS A BRIEF
BY LOS NARA, DATE 6/22/06
- 2 -
AND PRELIMINARY LISTING OF THE ISSUES WE CURRENTLY SEE AS MOST
IMPORTANT. THIS LIST IS OF COURSE NOT FINAL OR EXHAUSTIVE.
4. THE USG CONTINUES TO HAVE SERIOUS CONCERNS ABOUT
ARTICLE 1{4}, WHICH PURPORTS TO EXTEND THE RULES OF
INTERNATIONAL ARMED CONFLICT TO NON-GOVERNMENTAL ARMED
GROUPS ON THE BASIS OF INAPPROPRIATE POLITICAL
CRITERIA, AND WHICH, IN CONJUNCTION WITH ARTICLE 44,
COULD GIVE POW STATUS TO MEMBERS OF SUCH GROUPS UNDER
INAPPROPRIATE CIRCUMSTANCES.
5. THE USG CONTINUES TO BE CONCERNED THAT ARTICLE
28{2} MIGHT BE INTERPRETED AS PRECLUDING MEDICAL
AIRCRAFT FROM CARRYING ENCRYPTION EQUIPMENT FOR SECURE
COMMUNICATIONS TO SUPPORT MEDICAL OPERATIONS.
b. THE USG CONTINUES TO BE CONCERNED THAT THE
PROHIBITION IN ARTICLE 39{2} ON THE USE OF ENEMY
UNIFORMS WOULD IMPOSE UNDUE LIMITATIONS ON ALLIED
OPERATIONS.
7. THE USG CONTINUES TO HAVE SERIOUS CONCERNS THAT THE
PROHIBITIONS ON REPRISALS IN PART IV WOULD UNDULY
CONSTRAIN ALLIED MILITARY OPTIONS IN THE EVENT OF
SERIOUS BREACHES BY ENEMY FORCES.
8. THE USG CONTINUES TO BE CONCERNED THAT THE
PROVISIONS OF PART IV ON INDISCRIMINATE ATTACKS AND
COLLATERAL INJURY TO CIVILIANS MAY BE INTERPRETED IN A
MANNER THAT WOULD UNDULY CONSTRAIN THE NECESSARY
FLEXIBILITY AND DISCRETION OF FIELD COMMANDERS.
9. THE USG CONTINUES TO REGARD IT AS EXTREMELY
IMPORTANT THAT NATO ALLIES SUPPORT THE VIEW THAT THE
RULES RELATING TO THE USE OF WEAPONS INTRODUCED BY
PROTOCOL I APPLY ONLY TO CONVENTIONAL WEAPONS, AND IN
PARTICULAR DO NOT HAVE ANY EFFECT ON THE USE OF NUCLEAR
WEAPONS.
10. THE USG CONTINUES TO SUPPORT THE EFFORTS OF OTHER
NATO ALLIES TO CLARIFY THE INTERPRETATION AND SCOPE OF
VARIOUS PROVISIONS OF THE PROTOCOLS, INCLUDING ARTICLES
41, 44 AND 56-58 OF PROTOCOL I.
11. THE USG LOOKS FORWARD TO HEARING THE VIEWS OF
OTHER NATO ALLIES ON THESE AND OTHER POINTS. YY
THE WHITE HOUSE
WASHINGTON
May 9, 1985
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS JJR
SUBJECT:
Charles Alan Wright
Charles Alan Wright, who recently completed a Personal Data
Statement (PDS) in connection with his prospective appoint-
ment to the Commission on the Bicentennial of the U.S.
Constitution, has written to raise a question concerning the
interpretation of Question 8 of the PDS. Wright read the
entire question to be qualified by the last clause, "as a
result of any prior employment or business or professional
association, and therefore did not think that it sought
information about stock obtained in the usual way, i.e.,
through purchase. Wright's daughter contends the question
is not so qualified, but rather seeks information on all
stock ownership. Wright contends this is "grammatically
impossible."
Since I did not draft the PDS questions, I can be objective.
Wright's wrong; it is his reading that is "grammatically
impossible." For the final clause to modify anything other
than "other arrangement" there would have to be a comma
after "other arrangement." Even then, the most the final
clause could reasonably be considered to modify would be the
"including" language, not all of the sentence. The normal
reading of the sentence would view the "including" language
to describe "other arrangements," and the final clause to
modify "other arrangement" in the "including" clause.
Wright's reading is not only wrong but "gramatically im-
possible" because of the two "other arrangements" in the
sentence -- if the final clause modified all that precedes
it, rather than simply the last "other arrangement, it
would modify "other arrangement" twice. Just as statutes
should be interpreted to avoid an unconstitutional reading,
so too sentences should be interpreted to avoid a redundant
reading.
Out of respect the attached draft response notes the question
may not be a model of clarity, but goes on to offer the
above interpretation and concludes by noting, as Wright has
so often himself, that we should be guided by the intent of
the Framers.
Attachment
-2-
names of any other organizations with which you were
affiliated prior to the past three years that might
present a potential conflict or appearance of conflict of
interest with your prospective appointment. (Please note
that in the case of an attorney's client listing, it is
only necessary to provide the names of major clients and
those that might present a potential conflict or appear-
ance of conflict of interest with the prospective appoint-
ment).
Those organizational affiliations that you plan to
continue during your Government service should be noted
with an asterisk.
8. The names of all corporations, firms or other business
enterprises, partnerships, nonprofit organizations and
educational or other institutions in which you presently
have any continuing financial interest through ownership
of stock, stock options, bonds or other arrangements,
including a trust, pension or retirement plan, stock
bonus, profit-sharing or other arrangement as a result of
any prior employment or business or professional associa-
tion. Also supply such details as are necessary for a
thorough understanding of such continuing financial
interests. Any interests you plan to retain during your
Government service should be noted with an asterisk. (If
the position to which you are being appointed requires
the filing of an Executive Personnel Financial Disclosure
Report ["Standard Form 278"], you may omit this question.)
9. The names of any creditors (other than those to whom you
may be indebted by reason of a mortgage on property used
as a personal residence, or for current and ordinary
living expenses), setting forth the amount of such debt
and any additional information deemed relevant to explain
the transaction. (If the position to which you are being
appointed requires the filing of a Standard Form 278, you
may omit this question. Regardless of whether you are
required to file a Standard Form 278, however, please
include [and so note] any debts for which you are contin-
gently liable, loans on which you are a guarantor, etc.)
10. The names of any debtors, setting forth the amount owed
to you and any additional information deemed relevant to
explain the transaction. You need not include loans to
your spouse, dependents or siblings for non-business
purposes. Please exclude all debts under $5,000.
11. All your interests in real property, other than a
personal residence, setting forth the nature of your
interest, the type of property and the address.
THE WHITE HOUSE
WASHINGTON
May 9, 1985
Dear Charlie:
Thank you for your letter of April 22, which put me in the
unenviable position of having to decide a family dispute
over grammar. I should begin by conceding that this office
has never received any compliments on the grammatical
clarity of the Personal Data Statement. The questions
evolved through a process of accretion as the need for
additional information became evident from time to time.
This process is, as you might imagine, not the most con-
ducive to clarity.
Having said this I must side with your daughter's reading of
Question 8. If the final words were to modify the entire
opening sentence, one would certainly expect a comma after
"other arrangement." Even then the words would probably
only modify the "including" clause. The clincher, in my
view, is the fact that the words "other arrangements" appear
in the sentence prior to the words "other arrangement" that
immediately precede the final words. If the final words
qualified the entire sentence, they would qualify "other
arrangement" twice. Just as statutes should be interpreted
to avoid an unconstitutional reading, so too sentences
should be interpreted to avoid such a redundant reading.
To the extent the intent of the Framers is pertinent in this
context, it was in fact our intent to solicit information
about all stock holdings, whether or not they resulted from
any prior employment or business or professional association.
That is, we intended the final words to modify "other
arrangement." The fact that we failed to convey this intent
clearly suggests that it may be time to consider revising
the questions. Thank you for alerting me to this possible
confusion, and for providing all the information we need in
response to Question 8.
Sincerely,
Fred F. Fielding
Counsel to the President
Professor Charles Alan Wright
FFF:JGR:aea 5/9/85
School of Law
bcc: FFFielding
The University of Texas at Austin
JGRoberts
727 East 26th Street
Austin, TX 78705
Subj
Chron
THE WHITE HOUSE
WASHINGTON
May 20, 1985
MEMORANDUM FOR DAVID L. CHEW
STAFF SECRETARY
FROM:
JOHN G. ROBERTS Joyr
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
United States V. City of Chicago
The following is for your information only. The Department
of Justice will file a brief today in the Chicago police and
firefighter discrimination cases, United States V. City of
Chicago. Chicago has been hiring police and firefighters
from a list based on a 1981 test and a one-for-one minority
hiring quota, required by a previous consent decree. The
quota system has "used up" the minorities and women available
from the 1981 test, and the City now wants to discontinue
using that list and conduct a new test. The new test would
result in more minority members and women with passing
scores, and the City could return to hiring on a one-for-one
quota basis, giving preference to minorities and women with
lower scores than white males.
The white males remaining on the 1981 list have filed a
motion to prevent the City from discontinuing hiring from
that list. The Department's brief contains good news and
bad news for the City. The good news is that brief will
support the right of the City to discontinue hiring from the
1981 list. In fact, the Department will argue that the 1981
list is discriminatory and cannot be used. The bad news,
from the City's perspective, is that the brief will go on to
seek to overturn the previous consent decree requiring the
one-for-one hiring quota. As an alternative remedy, the
Department will urge the court to require the City to
increase its efforts to attract qualified minorities and
women to take the new test.
This position is consistent with that taken by the Depart-
ment in post-Stotts cases. Since the United States is a
party, and has been directed by the court to file a respon-
sive pleading, the Administration cannot be accused in this
case of gratuitously intervening to undo prior consent
decrees. Nonetheless, in view of Brad Reynolds's pending
confirmation hearings, and the interest on the part of one
of the judges in attracting attention to the case, the
filing is likely to generate considerable publicity.
Attachment
/
Department of Justice
POSITIVA
FOR IMMEDIATE RELEASE
CR
MONDAY, MAY 20, 1985
202-633-2019
In separate police and fire department employment cases
currently pending in the U.S. District Court in Chicago, the
Department of Justice, responding to court inquiries and motions
by other parties to the litigation, filed papers today supporting
the City of Chicago's stated intention to cease using discrim-
inatory hiring and promotion lists for the police and fire
departments.
In its memoranda to the courts, the Department argued
that the 1981 examinations on which the lists are based have
never been shown to be job-related and cannot in such circum-
stances continue to be used in light of the serious adverse
impact the tests had on blacks, Hispanics and women.
The cases involve three lawsuits filed by the Justice
Department: one in 1973 charging discrimination against blacks
and Hispanics in fire department hiring; another in 1973 charging
discrimination against blacks, Hispanics, and women in police
department hiring and promotions; and the third in 1980 charging
discrimination against blacks and Hispanics in fire department
promotions.
The suits resulted in court decrees and orders requiring
the police and fire departments to use race and gender quotas
in their hiring and promotion decisions: to hire one black or
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Hispanic firefighter for every white firefighter hired; to
promote one black or Hispanic firefighter for every four white
firefighter promoted; to hire police officers at the rates
(for each entering class) of 35 percent white male, 34 percent
minority male, and 31 percent female; and the police department
to promote police officers at the rates of 70 percent white
male, 25 percent minority male, and 5 percent female.
In announcing the filing, Assistant Attorney General
William Bradford Reynolds, head of the Department's Civil Rights
Division, said:
"We are opposed to the use of these hiring lists because
the tests on which they were based unlawfully discriminate
against minorities and women who took the tests. Once job-
related tests are established, minorities and women will compete
on an equal footing."
The Justice Department filings also said the police and
fire departments should discontinue hiring and promoting from
eligibility lists based on prior examinations because these
examinations discriminated against minorities and were otherwise
tainted. In addition, the motions said, the fire department
list was further compromised by proven bribery of city officials
to favor white candidates.
In a related filing, the Department also asked the two
district courts to modify the outstanding court decrees pertaining
to the police and fire departments -- entered originally in
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1976 and amended on several occasions thereafter -- to remove
hiring and promotion quota provisions and substitute affirmative
recruitment and outreach requirements aimed at increasing the
number of qualified minority and female applicants considered
for hire and promotion.
With respect to this filing, Reynolds said:
"To insure an end to unlawful discrimination in the
hiring and promotion decisions of the Chicago police and fire
departments, we have also asked that the quota provisions be
removed from the existing court decrees and that they be brought
in line with the Supreme Court's decision in the Memphis Fire-
fighters case. That decision makes clear that Congress granted
full remedial authority to courts in Title VII cases to enjoin
the discriminatory employment conduct and provide make whole
relief for all identifiable victims of the employer's unlawful
practices. But the Supreme Court held as well in the Memphis
Firefighters case that Title VII does not empower the courts
to use discrimination to fight discrimination. Therefore
quotas, goals, or other remedial preferences tied to race or
sex cannot lawfully be a part of court-ordered relief under
Title VII.
"As a substitute for the quota provisions, we have urged
the courts to direct the City of Chicago to develop and use
neutral nondiscriminatory selection procedures, coupled with an
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active and aggressive recruitment effort to attract qualified
minorities and women to apply for police and fire positions.
Valid and job-related selection criteria that accord no individual
a preference or a disadvantage because of gender or skin color
will enable increased numbers of minorities and women to become
police officers and firefighters in Chicago -- and to rise
through the ranks on the basis of their abilities.'
The Department's papers indicated that the city is
prepared to administer new examinations for police officers and
firefighters that will not discriminate against minorities.
As a substitute for the hiring and promotion goals, the
motions asked the court to amend the decrees to enjoin the city
from engaging in any discriminatory employment practice, to
require enhanced recruitment by the police department and
training for fire department promotions, and to submit periodic
reports on minority employment and promotions.
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