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1505956
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Administrative Matters
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1505956
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Administrative Matters
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Charles E. Goodell Papers
Presidential Clemency Board Subject Files
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President (1974-1977 : Ford). Presidential Clemency Board. 9/16/1974-9/15/1975
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The original documents are located in Box 1, folder "Administrative Matters" of the Charles E. Goodell Papers at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Charles Goodell donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Digitized from Box 1 of the Charles E. Goodell Papers at the Gerald R. Ford Presidential Library MEMORANDUM FOR: PAUL O'NEILL, DEPUTY DIRECTOR OFFICE OF MANAGEMENT & BUDGET SERIAL FORD LIBRARY FROM: CHARLES E. GOODELL CHAIRMAN SUBJECT: CLEMENCY BOARD OPERATIONS Pursuant to your memo of July 3, requesting certain additional statistics on the operation of the Presidential Clemency Board, let me submit the following information, current as of COB July 10th: 1. Total applications logged 17,524 2. Total current caseload 16,186 3. Case summaries docketed for Board review 9,210 4. Cases completed by the Board 8,517 5. Cases forwarded to the White House for Presidential signature 652 6. Total warrants signed by the President 372 Footnotes: 1 This number will increase only slightly as we continue to receive information perfecting applications filed before March 31. 2The difference between applications logged and the current caseload reflects the number of ineligible applications we have thusfar identified after logging. 3 The number of cases prepared by attorneys is 11,696. The difference of 2,486 represents cases awaiting typing, duplication, etc. 4 Some cases decided by Board Panels are held for reconsideration prior to being sent to the President for approval. 5under Board rules, each applicant has 30 days from the time of the mailing of his case sussary to respond with corrections. The great bulk of cases was not decided until the beginning of the first week of June and the summaries were mailed contemporaneous with Board consideration. Approximately 1600 will be forwarded for signature late this week. s The last transmission of 280 recommendations was sent on 27 June, 1975. - 2 - The Presidential Clemency Board staff has hid a management information system operating for Some time. I regret the oversight in not sending you information of this nature in the past. Should you or your staff wish a more comprehensive analysis of the Clemency Board production, I will be glad to have them give a briefing to you. The Clemency Board has had a docketing system in place and operating as of the time the Board began meeting on a daily basis beginning the first of June. This system has been working well and has insured that the Board has had docketed and available for consideration 1300 to 1500 cases each week. I anticipate no difficulty in the staff's continuing to have prepared the requisite number of cases each week in time for the bulk of the cases to have been reviewed by our scheduled goal of mid-August. I do anticipate, however, a small number of ex- tremely difficult cases for which we have been unable to receive adequate records and which will necessitate fairly extensive staff investigative efforts to obtain information sufficient for Board deliberation. The Presidential Clemency Board staff is now preparing a plan for the carry- over work that may exist after September 15. A report on this plan is being prepared for Nx. Feesle and will be delivered shortly. While it is possible at this point to predict the nature of the work that will exist after September 15, the volume is subject to a number of variables which we cannot predict with any degree of assurance at this time. It will involve such variables as the number of appeals taken from Presidential decisions and Clemency Beard rules, the number of late received filds, as well as the Board's responsibility under the Executive Order for certifying satisfactory completion of alternative service. This latter is an especially difficult problem since the bulk of alternative service required of applicants will obviously be completed after September 15. The Board's staff has had continuous discussions with Archives as to the nature of the requirement of disposal of the Board's recyrds. We are still awaiting a report from them as to their requirements. with respect to records received from other agencies, we have decided not to begin sending these records back until late in August with some few exceptions, because of the possibility that we will have to refer to them once again in the interven- ing period. I hope this information is helpful to you and I will continue to supply the figures on a regular basis henceforth. LMB:jz GOODELL PCB Mail System Mail is picked up on the front curb of 2033 M Street at 10:20AM, 12:20PM and 2:20PM. Mail is received from and delivered to the OEOB each morning and afternoon. It is opened, sorted into appropriate slots, and ready for pick- up at the mail counter on the 5th floor at 11:00AM, 1:00PM AND 3:00PM. Each floor and New Hampshire Avenue have people designated to pick up the mail. Please see the attached list of Mail Personnel. Distribution of the mail on each floor and New Hampshire Avenue will be the responsibility of the person on that list. MAIL PERSONNEL New Hampshire Building Harold G. Long 634-4364 2nd Floor Nia Nicholas 254-6947 3rd Floor Jade Hall 634-4858 4th Floor VACANT 5th Floor Mark Miller 254-7951 6th Floor Ruth Hausman 634-4826 7th Floor Mary Liekweg 254-6387 8th Floor Eldora Robinson 254-6460 9th Floor Mark Miller 254-7951 rules and regulations This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal most of which keyed to and cedified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1520, The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each month. Title 2-Clemency Remedies. Section 101.4 has been as specified in 55 102.3 and 102.4, the CHAPTER 1-PRESIDENTIAL added to explain the remedies available case is tabled. The action attorney is in- CLEMENCY BOARD from the Presidential Clemency Board. structed to obtain additional facts. It states the authority with which the This is in response to comments from ADMINISTRATIVE PROCEDURES AND Board is vested by Executive Order the private bar. SUBSTANTIVE STANDARDS 11803, issued pursuant to Proclamation Hearing before the Board. Subsection The Presidential Clemency Board pub- 4313. 101.9(c) provides for a personal appear- lished its proposed administrative pro- A Presidential pardon restores those ance as a matter of right if an applicant cedures and substantive standards on federal civil rights lost as a result of a can show that an oral presentation is November 27, 1974 (39 FR 41351). Since felony conviction. State law recognizes necessary to the Board's understanding that time, the Board has considered the Presidential pardons as & matter of com- of a mitigating circumstance or an ag- first military cases before #, and has had ity, usually restoring the right to vote gravating circumstance which applies to the benefit of more than 40 comments on in federal and state elections, to hold his case. The Board has provided a right its proposed regulations. With the benefit public office, and to obtain licenses for to personal appearance in response to of this additional experience and these trades and professions from which con- several comments. comments, the Board publishes the final victed feloms are barred under state law. Reconsideration. Subsection 101.11(b) regulations setting out its procedures Since conviction by military court- has been amended in order to add stand- and standards. martial is treated as a felony conviction ards which must be met if the Board is It is the intent of the Board to provide by many states, and since an Undesir- to consider an applicant's petition for notice to the public of the standards it able Discharge may have the same con- reconsideration. In the proposed regu- uses to make recommendations to the sequences as a court-martial conviction, lations, consideration of such petition by President concerning individual applica- the benefits of a pardon apply to former the Board was a matter of discretion. tions for clemency. The Board also servicemen as well as to civilian draft This amendment limits the circum- wishes to ensure equity and consistency evaders. stances under which reconsideration for applicants under the President's A Clemency Discharge neither en- will be granted, but provides that when clemency program. titles its recipient to veterans benefits an applicant shows that any of those Because it is a temporary organiza- nor bars his receiving those benefits to circumstances are present, reconsidera- tion within the White House Office, the which he is otherwise entitled. The Vet- tion will be granted as a matter of right. sole function of which is to advise the erans Administration and other agencies Transmittal to other agencies of Presi- President with respect to the exercise of may extend veterans' benefits to some dential decisions. Section 101.12 provides his constitutional power of executive holders of a Clemency Discharge, but it that grants of immediate pardon by the clemency, the Board does not consider it- is contemplated that most will not re- President are transmitted formally to self formally bound by the Administra- ceive veterans benefits. other government agencies, as appropri- tive Procedure Act. Nonetheless, within Availability of files to applicant and ate. Pending completion of the alterna- the time and resource constraints gov- his representative. Section 101.7(c) clari- tive service requirement, grants of con- erning it, the Board wishes to adhere as fies which files an applicant and his ditional clemency are communicated to closely as possible to the principles of representative have a right to see. At another federal agency only to the extent procedural due process. The administra- the offices of the Board, information col- this information is necessary for the tive procedures established in these reg- lected by the Board independently of agency to perform its functions under ulations reflect this decision. any other government agency is readily the clemency program or for other nec- The Board may publish changes in in- available to an applicant or his repre- essary action respecting the applicant. dividual sections as it deems necessary. sentative. All files obtained from other Upon completion of alternative service, The Board welcomes continuing com- agencies are available to the extent not notification of the pardon is forwarded ment on problems which may arise in the barred by the rules of the agency own- to all appropriate agencies. Denials of application of particular sections of ing the file. For example, the Selective clemency by the President are held con- these procedures and invites recommen- Service System file is available to him fidential by the Board. dations on how best these problems may and his representative. Files from an- The intent of this section, adopted here be resolved. other agency are cited in a summary in response to several comments is that Several dozen technical changes have when they are used as the basis of state- a person who applies for clemency should ments in that summary. Reason for not be prejudiced in his pursuit of other been made in these regulations in re- denial of access to any of these files is remedies through the military services' sponse to new circumstances that were presented to the Board. Some clarify sig- stated in writing upon request. discharge review processes or elsewhere. Other remedies available to applicant. nificantly the rights and procedures This subsection is in response to com- Section 101.15(b) requires that Board available to applicants. The following is ments that §§ 201.5(b) and 201.6(c), staff inform both applicants to the Board an explanation of those changes which read together, were either unclear or and persons who inquire about the seem to the Board to be most significant: overbroad. clemency program, but are clearly not Jurisdiction. Section 101.3 has been Completed case summary. The com- under the Board's jurisdiction, of the added in order to incorporate the criteria pleted case summary consists of the remedies available to them under mili- for determining whether or not a person initial case summary, amendments as tary discharge review processes and is eligible for consideration by the Presi- described in the §§ 101.8 (c) and (e), through the judiciary. Applicants to the dential Clemency Board. It restates the and the materials submitted by the ap- Board or to one of the other agencies criteria established in Proclamation 4313 plicant and his representative as de- administering part of the clemency pro- (Announcing a Program for the Return scribed in § 101.8(b). Where, in the gram may pursue such other remedies of Vietnam Era Draft Evaders and Mili- opinion of the Board, there is a conflict simultaneously or subsequently to, or in- tary Deserters) and repeated in Execu- of fact, false statement, or omission ma- stead of their remedies under the clem- tive Order 11803 (Establishing a Clem- terial to the Board's consideration of an ency program. The Board's staff informs ency Board aggravating or mitigating circumstance, them of their other options. FEDERAL REGISTER, VOL. 40, NO. 56-FRIDAY, MARCH 21, 1975 12764 RULES AND REGULATIONS Aggravating and mitigating circum- Sec. § 101.4 Remedies. stances. Sections 102.3 and 102.4 contain 101.7 Assignment of Action Attorney and new aggravating and mitigating circum- case number, and'determination of (a) The Board is empowered only to stances which the Board deems material jurisdiction. make recommendations to the President 101.8 to its decisions. Initial case summary. on clemency applications. The Board has 101.9 Consideration before the Board. The Board notes that it has seen a no final authority of its own. The Board 101.10 Recommendations to the President. number of cases of persons who behaved may recommend to the President that he 101.11 Reconsideration. with valor during combat, but then com- 101.12 Transmittal to other agencies of take one or more of the following actions: mitted AWOL offenses because of mental clemency decisions. (1) Grant an unconditional pardon stress caused by combat. The Board calls 101.13 Confidentiality of communications. without a requirement of alternative attention to this mitigating circum- 101.14 Representation before the Board. service; 101.15 stance as one which it considers particu- Requests for information about the (2) Grant an unconditional pardon larly important in some cases. Clemency Program. upon the satisfactory completion of a 101.16 Postponement of Board considera- A number of comments from the pri- specified period of alternative service tion and of the start of alternative vate bar have suggested that the Board service. not to exceed 24 months; should add as a mitigating circumstance Appendix A: Application kit. (3) Grant a clemency discharge in "evidence that an applicant would prob- Appendix B: Proclamation 4313. substitution for a Dishonorable, Bad ably have obtained a Selective Service Appendix C: Executive Order 11803. Conduct, or Undesirable Discharge; status or military discharge or reassign- AUTHORITY: Executive Order 11803, 39 FR (4) Commute the sentence; or ment beneficial to him, but failed to ap- 33297, as amended. (5) Deny clemency. ply due to lack of knowledge or confu- (b) In unusual circumstances and as sion." Mitigating circumstances #1, 8, § 101.1 Purpose and scope. authorized by Executive Order 11803, the and 9, in conjunction, are adequate to This part establishes the procedures Board may make other recommenda- meet this problem. of the Presidential Clemency Board. tions as to the form that clemency should Calculation of length of alternative Certain other matters are also treated, take. This shall only be done in order to service. Subsection 102.5(c) has been such as the assistance to be given to in- give full effect to the intent and purposes added in order to make clear the Board's dividuals requesting determinations of of the Presidential Clemency program. decision that the initial baseline period jurisdiction, or requesting information § 101.5 Initial filing. of alternative service for applicants with respecting those parts of the Presidential Undesirable Discharges is three (3) Clemency Program which are adminis- (a) In order to comply with the re- months. tered by the Department of Defense and quirements of Executive Order, 11803, as Eligibility of clemency recipients for the Department of Justice under Presi- amended, an individual must make an military discharge review remedies. The dential Proclamation 4313 (39 FR 33293) initial filing to the Board not later than Presidential Clemency Board notes, al- March 31, 1975. The Board considers suf- though the matter is not one for inclu- § 101.2 General definitions. ficient as an initial filing any written sion in its regulations, that it has "Action attorney" means an attorney communication postmarked not later received numerous comments which as- on the staff of the Board who is assigned than March 31, 1975, and received by sume that a recipient of executive clem- an applicant's case. the Board, the Department of Justice, ency under the President's clemency "Applicant" means an individual who the Department of Defense, the Depart- program is ineligible for consideration invokes the jurisdiction of the Board, ment of Transportation, or the Selective under the military services' discharge and who has submitted an initial filing. Service System. In the communication review processes. "Board" means the Presidential an individual or his representative must This is incorrect. Any applicant to the Clemency Board as created by Executive request consideration of the individual's Board for executive clemency may also Order 11803 (39 FR 33297) or any duly case or raise questions which evidence seek review of his discharge through one authorized panel of that Board. a serious interest in applying for the of the military services' discharge re- program. Oral applications made not view boards or boards for the correction § 101.3 Jurisdiction. later than March 31, 1975 are considered of military records. Applying to the Jurisdiction lies with the Board with sufficient if reduced to writing, and post- Board does not exclude a former service- respect to a particular person if such marked not later than May 31, 1975. man from the jurisdiction of the military person applies to the Board not later (b) If an initial filing is made by a services' boards, nor does it preclude the than March 31, 1975 and: representative, the case is not considered remedies which are available from those (a) He has been convicted for failure by the Board unless and until the appli- boards. under the Military Selective Service Act cant submits a written confirmation of The Presidential Clemency Board (50 App. U.S.C. 462) or any rule or regu- his clemency application. This confirma- notes that a veteran who receives a lation promulgated thereunder to register tion by the applicant may be sent either Clemency Discharge through the Board or register on time, to keep the local directly or through a representative, but may subsequently seek, according to the board informed of his current address, it must be mailed not later than May 31, Department of Defense, an upgrading of to report for or submit to preinduction or 1975. A statement by an attorney that he that discharge through the military serv- induction examination, to report for or is acting on behalf of an applicant is suf- ices' normal discharge review processes. submit to induction itself, or to report for ficient. Applications by a representative This chapter will become effective or submit to, or complete (alternative) on behalf of an applicant may be con- service under section 6(j) of the Act for immediately. sidered by the Board where good cause is offenses committed during the period shown why the applicant is unable to Issued in Washington, D.C. on March from August 4, 1964 to March 28, 1973, apply. 18, 1975. inclusive; or § 101.6 Application form. CHARLES E. GOODELL, (b) He has received a punitive or (a) Upon receipt of an initial filing, a Chairman, Presidential Clem- undesirable discharge as a consequence member of the Board's staff makes a de- ency Board, The White House. of offenses under Article 85 (desertion), termination of probable jurisdiction. 1. Part 101 is added to read as follows: 86 (AWOL), or 87 (missing movement) Persons who are clearly beyond the of the Uniform Code of Military Justice PART 101-ADMINISTRATIVE Board's jurisdiction are so notified in (10 U.S.C. 885, 886, 887) that occurred PROCEDURES writing. A person who questions this de- between August 4, 1964 and March 28, termination should promptly write the Sec. 1973, inclusive, or is serving a sentence of General Counsel, Presidential Clemency 101.1 Purpose and scope. confinement for such violation. 101.2 General definitions. Board, The White House, Washington, 101.3 Jurisdiction. (c) Jurisdiction will not lie with re- D.C. 20500, stating his reasons for ques- 101.4 Remedies. spect to an individual precluded from tioning the determination. The General 101.5 Initial filing. re-entering the United States under 8 Counsel of the Board makes the final de- 101.6 Application form. U.S.C. 1182 (a) (22) or other law. termination of probable jurisdiction and FEDERAL REGISTER, VOL. 40, NO. 56-FRIDAY, MARCH 21, 1975 RULES AND REGULATIONS 12765 so notifies the applicant or his repre- tion in a particular case, he promptly (f) Where, in the opinion of the Board, sentative in writing stating the reasons notifies the applicant or his representa- there is a conflict of fact, false state- why. In doubtful cases, a final determi- tive in writing, stating the reasons for ment, or omission material to the Board's nation of jurisdiction is made by the such a determination. consideration of an aggravating or miti- Board. (f) An applicant or his representative gating circumstance, as specified in (b) A person who has been notified who questions this adverse determination §§ 102.3 and 102.4, the case is tabled. The that jurisdiction does not lie in his case of jurisdiction should write the General Action Attorney is then instructed to ob- is considered as having made a timely Counsel of the Board in accordance with tain additional facts. filing if the final determination is that the provisions of § 101.6(a). § 101.9 Consideration before the Board. the Board has jurisdiction over his case. § 101.8 Initial case summary. (c) A person who is within the juris- (a) At a regularly scheduled meeting diction of the Board is sent an applica- (a) Upon receipt of the necessary rec- of the Board, an applicant's case is con- tion form, information about the Presi- ords and files, the Action Attorney pre- sidered. The Board may provide by rule, dential clemency program, instructions pares an initial case summary of the ap- however, that cases will be initially con- for the preparation of the application plicant's case. The files, records, and any sidered by panels of not less than three form, a statement describing the Board's additional sources used in preparing the Board members. Any case may be procedures and method of determining initial case summary are listed. No other brought before a majority of the full cases, and a list of volunteer counseling material is used. The initial case sum- Board for consideration at the request services. mary includes the name and business of a panel member. Panel recommenda- (d) The person is urged to return the telephone number of the Action Attorney tions will be considered and approved by completed application form to the Board who may be contacted by the applicant a majority of the full Board. as soon as possible. Completed applica- or his representative. (b) The Action Attorney presents to tion forms must be postmarked within (b) The initial case summary is sent the Board a brief statement of the com- sixty (60) days of the time they were by certified mail to the applicant or his pleted case summary and, as provided mailed by the Board, in order to qualify representative. The summary is accom- in § 101.8(b), the material submitted by for the Board's consideration as a matter panied by an instruction sheet describing the applicant. of right. the method by which the summary was (c) The Board grants a personal ap- prepared and by a copy of the guidelines § 101.7 Assignment of Action Attorney, pearance to an applicant and his rep- used by the Board for the determination case number, and determination of resentative if they can show in a written of cases. Applicants are encouraged to jurisdiction. statement that such an appearance is review the initial case summary for ac- necessary to the Board's understanding (a) Upon receipt by the Board of the curacy and completeness and advised of of the applicant's case. The Board con- completed application form or of infor- their right to submit additional sworn siders each request for an oral presen- mation sufficient for the Board to re- or unsworn material. Additional material tation at a regular meeting and informs quest the records and files specified in may be submitted in any length. Nothing the applicant and his representative paragraph (b) of this section, the ap- over three (3) single-spaced, typewritten, whether or not his request has been plicant's case is reviewed for preliminary letter-sized pages in length is read ver- granted. determination of the Board's jurisdic- batim to the Board. Where necessary, (d) Any oral presentation granted by tion. If it appears that the Board has therefore, an applicant should summa- the Board shall not exceed a reasonable jurisdiction over the case, a file is opened rize his additional material to comply period of time. Neither applicant nor his and a case number assigned. The Board with this verbatim presentation require- representative may be present when the will then request from all appropriate ment. If this is not done, the Action Board begins deliberations, but should government agencies the relevant rec- Attorney does SO. remain available for further consulta- ords and files pertaining to the appli- (c) At any time before Board consid- tion immediately thereafter. cant's case. eration of his case, an applicant may sub- (e) After due deliberation the Board (b) In normal circumstances, the rel- mit evidence of inaccurate, incomplete, decides upon its recommendation to the evant records and files for civilian cases or misleading information in the com- President listing the factors it considered are the applicant's files from the Bu- plete Board file or other files. This in- in making its recommendation. reau of Prisons and information that he formation is incorporated in applicant's has sent to the Board. For military cases, Board file. § 101.10 Recommendations to the Pres- they will include the applicant's military (d) An applicant's case is ready for ident. personnel records, military clemency final consideration by the Board not (a) At appropriate intervals, the folder, record of court martial, if any, sooner than thirty (30) days after the Chairman of the Board submits to the and information that the applicant has initial case summary is mailed to the President certain master warrants list- sent to the Board. Applicants and their applicant. Material which amends or sup- ing the names of applicants recom- representatives have the right to request plements the applicant's initial case sum- mended for executive clemency and a that the Board consider other pertinent mary must be postmarked within this list of the names of applicants consid- files. The Board will attempt to comply thirty (30) day period to ensure that it ered by the Board but not recommended with these requests. is considered. An applicant's request that for clemency. The Chairman will also (c) At the offices of the Board, infor- this thirty (30) day period be extended submit such terms and conditions for mation collected by the Board inde- is liberally granted by the Action Attor- executive clemency, if any, that have pendently of any other agency is readily ney, if the request is received prior to been recommended in each case by the available to an applicant or his repre- Board action and is reasonable. Board. sentative. All files obtained from other (e) Upon receipt of the applicant's re- (b) Following action by the President, agencies are available to the extent not sponse to the initial summary, the Action the Board sends notice of such action barred by the rules of the agency owning Attorney notes all such amendments, sup- in writing to all applicants whose the file. Files from another agency are plements, or corrections on the initial names were submitted to the President. cited in a summary when they are used summary submitted by the applicant or Each applicant is sent a list of the miti- as the basis of statements in that sum- his representative. All such amendments gating and aggravating circumstances mary. Reason for denial of access to any are attached to the initial case summary decided by the Board to be applicable of these files is stated in writing upon with notation by the Action Attorney of in his case. request. any discrepancies of fact which in his (d) Where the initial filing contains opinion remain unresolved. The complete § 101.11 Reconsideration. adequate information, the Board staff case summary consists of the initial sum- (a) An applicant may ask the Board may assign a case number and request mary, amendments as described in para- for reconsideration of his case. Petitions records and files prior to receipt of the graph (c) and this section, and the ma- for reconsideration, including any sup- completed application form. terials submitted by the applicant and plementary material, must be post- (e) If the Action Attorney determines his representative as described in para- marked within thirty (30) days of Board that the Board does not have jurisidic- graph (b) of this section. mailing specified in $ 101.10(b). FEDERAL REGISTER, VOL. 40, NO. 56-FRIDAY, MARCH 21, 1975 12766 RULES AND REGULATIONS (b) At a regularly scheduled Board submit only information sufficient for a $ 101.16 Postponement of meeting, a majority of the Beard being determination of jurisdiction and for the sideration and of the start of after- present, tt will reconsider the applicant's retrieval of necessary official records and native service. case if the applicant's petition shows one files. The application form requires the (a) An applicant may request that or more of the following: applicant's name, date of birth, selective the Board defer consideration of his case (1) New fact, material to the disposi- service number, military branch and for a reasonable period of time. Such de- tion of his case, which the Board had service number, if applicable, informa- ferments are liberally granted provided not previously considered, provided that tion concerning the-draft evasion offense that they do not result in an undue dis- the applicant explains to the Board's or absence-related military offense, and ruption of the Board's operations or de- satisfaction why such facts were not sub- the disposition thereof, and the mailing lay the final termination of the Board's mitted earlier. New facts are, for purposes address and telephone number of either operations. of this section, considered material only the applicant or his representative. (b) An applicant who has been granted if they relate to presence or absence of (b) The Board takes all steps in its executive clemency conditioned upon a an aggravating circumstance under power to protect the privacy of ap- period of alternative service may ask $ 102.3 or of a mitigating circumstance plicants and potential applicants to the for the postponement of the beginning under $ 102.4, or to calculation of length Presidential clemency program. No per- of his period of alternative service for a of alternative service under § 102.5. sonal information concerning an ap- reasonable period of time. The reasons (2) Factual error, in the complete case plicant or potential applicant is released for which a postponement may be grant- summary or other document considered by the Board unless disclosure is neces- ed include personal hardship and con- by the Board that was material to the sary for the proper functioning of the flicting obligations. The Board makes Board's disposition of his case and detri- Board (e.g., to the Selective Service Sys- every effort, consistent with its own au- mental to him; or tem so that alternative service may be thority and that of the Selective Service (3) Procedural error that was material performed) or unless required by law. System to accommodate postponement to the Board disposition of his case and (1) Information which reveals com- requests. detrimental to him. mission of a serious crime, unrelated to 2. Part 102 is added to read as follows: (c) The Board may at its discretion any offense subject to the jurisdiction of permit an applicant or his representative the Presidential clemency program is PART 102-SUBSTANTIVE STANDARDS a reasonable period of time to present forwarded to the appropriate authorities. Sec. before the Board an oral statement. The (2) As required by law, the name (but 102.1 Purpose and scope. provisions of $ 101.9 apply to any request only the name) of a recipient of clem- 102.2 Board recommendations for a personal appearance. ency is released to the public. 102.4 Mitigating circumstances. (d) After due deliberation, the Board (c) All personal information obtained 102.5 Calculation of length of alternative may: by the Board in the course of reviewing service. (1) Leave unchanged its original rec- an applicant's case, except information AUTHORITY: Executive Order 11803, 39 FR ommendation; obtained from other agencies, is sealed 33297, as amended. (2) Where executive clemency was not by the Board. This happens when the ap- § 102.1 Purpose and scope. granted, recommended to the President plicant has received his pardon from the President or when the Board's operations This section contains the standards that he grant it in accordance with such terms and conditions as may be appro- terminate, whichever is earlier. which the Board employs in deciding priate; (d) Upon announcement of the Presi- whether or not to recommend that the (3) Where executive clemency was dent's disposition of a case, the Board President grant executive clemency, granted, recommend to the President may publish a summary of that case whether or not elemency should be con- after the removal of all information ditioned upon satisfactory completion of that he diminish the length of alternative service on which the grant of clemency likely to identify the individual. a period of alternative service, and, if so, what the length of this alternative has been conditioned or immediately $ 101.14 Representation before the service is. grant a full and unconditional pardon. Board. (e) Applicants requesting reconsider- § 102.2 Board recommendations. (a) Although an applicant may bring ation are so notified in writing of the his case before the Board without a rep- In each case the Board decides first Board's decision, together with the resentative, each applicant is advised of whether or not it will recommend the reasons. his right to representation and encour- President that the applicant be granted § 101.12 Transmittal to other agencies aged to seek counsel experienced in mili- executive clemency. In reaching this de- of clemency decisions. tary or selective service law. A. repre- cision, the Board considers the aggre- sentative need not be an attorney, vating circumstances in $ 102.3 and the (a) The Chairman of the Board may although legal counsel is recommended mitigating circumstances in $ 102.4. forward for further action to the Secre- to applicants. The Board staff advises taries of the Army, Navy, and Air Force, § 102.3 Aggravating circumstances. the Secretary of Transportation, the Di- applicants of those private sources (a) Presence of any of the aggravat- rector of the Selective Service System, which are available to provide counsel- ing circumstances listed below may and the Attorney General, as appropri- ing. either disqualify an individual for ex- ate, only such information about the § 101.15 Requests for information about ecutive clemency or cause the Board President's decision as is necessary in the the Clemency Program. to recommend to the President a period Board's judgment for the agency to per- of alternative service exceeding the form its functions under the President's (a) Upon receipt by the Board of a re- applicant's "baseline period of alterna- clemency program or for other necessary quest for information from an individual tive service," as determined under action respecting the applicant. clearly not within the jurisdiction of the $ 102.5. (b) A decision by the President to deny Board, the Board's staff attempts to de- (b) Aggravating circumstances of executive clemency to a person who has termine his eligibility for any other part which the Board takes notice are: fully discharged his obligations under the (1) Other adult criminal convictions; of the Presidential clemency program. If law for his offense is not transmitted by (2) False statement by applicant to the Board to any other agency of the requested, the Board attorney preserves the Presidential Clemency Board; United States Government or to any the confidentiality of the individual's (3) Use of force by applicant collater- other person, public or private, except location. ally to AWOL, desertion, or missing the applicant or his representative. (b) A member of the Board's staff also movement or civilian draft evasion offense; § 101.13 Confidentiality of communica- informs any individual of other reme- (4) Desertion during combat; tions. dies available to him, including those (5) Evidence that applicant committed (a) In order to have his case consid- from the Departments of Justice and offense for obviously manipulative and ered by the Board, an applicant need Defense and through judicial processes. selfish reasons; FEDERAL REGISTER, VOL. 40, NO. 56-FRIDAY, MARCH 21, 1975 RULES AND REGULATIONS (6) Prior refusal to fulfill court or- not clemency should be conditioned upon dered alternative service; a specified period of alternative service (7) Violation of probation or parole; and, if so, what length that period should (8) Multiple AWOL/UA offenses; and be: (9) AWOL/UA of extended length. (1) The starting point for calculation (c) Whenever an additional aggravat- of length of alternative service will be 24 ing circumstance not listed is considered months. by the Board in the discussion of a par- (2) The starting point will be reduced ticular case, and is material to the dispo- by three times the amount of prison time sition of that case, the Board postpones served. final decision of the case and immedi- (3) The starting point will be further ately informs the applicant and his rep- reduced by the amount of prior alterna- resentative of their opportunity to sub- tive service performed, provided that the mit evidence material to the additional prescribed period of alternative service circumstance. has been satisfactorily completed or is § 102.4 Mitigating circumstances. being satisfactorily performed. (4) The starting point will be further (a) Presence of any of the mitigating reduced by the amount of time served on circumstances listed below or of any probation or parole, provided that the other appropriate mitigating circum- prescribed period has been satisfactorily stance is considered as cause for rec- completed or is being satisfactorily per- ommending that the President grant formed. executive clemency to an applicant, and (5) Subject to paragraphs (b) and (c) as cause for reducing the applicant's of this section, the baseline period of al- alternative service below the baseline ternative service will be the remainder of period, as determined under § 102.5. these four subtractions or final sentence (b) Mitigating circumstances of which to imprisonment, whichever is less. the Board takes notice are: (b) In no case will the baseline period (1) Lack of sufficient education or of alternative service be less than three ability to understand obligations or (3) months. remedies available under the law; (c) For applicants who have received (2) Personal and family problems an Undesirable Discharge from a military either at the time of offense or if appli- service, the baseline period of alternative cant were to perform alternative service; service shall be three (3) months. a (3) Mental or physical condition; (d) The Board may consider mitigat- (4) Employment and other activities ing circumstances as cause for recom- of service to the public; mending clemency upon satisfactory (5) Service-connected disability, completion of a period of alternative wounds in combat or decorations for service that is less than an applicant's valor in combat; baseline period of alternative service, or (6) Period of creditable military for recommending an immediate pardon. service; (e) In cases in which aggravating cir- (7) Tours of service in the war zone; cumstances are present and are not, in (8) Substantial evidence of personal the Board's judgment, balanced by miti- or procedural unfairness; gating circumstances, the Board may (9) Denial of conscientious objector consider such aggravating circumstances status, of other claim for Selective Serv- as cause for recommending clemency ice exemption or deferment, or of a claim upon satisfactory completion of a period for hardship discharge, compassionate of alternative service exceeding, by three reassignment, emergency leave, or other (3), six (6), or nine (9) additional remedy available under military law, months, the applicant's baseline period on procedural, technical, or improper of alternative service. In extraordinary grounds, or on grounds which have sub- cases, as an alternative to denying clem- sequently been held unlawful by the ency, the Board may increase the base- judiciary; line period to a maximum of not more (10) Evidence that an applicant acted than 24 months. for conscientious, not manipulative or selfish reasons; PART 201-[REVOKED] (11) Voluntary submission to authori- 3. Part 201 is revoked. ties by applicant; PART 202-[REVOKED] (12) Behavior which reflects mental 4. Part 202 is revoked. stress caused by combat; (13) Volunteering for combat, or ex- [FR Doc.75-7464 Filed 3-20-75;8:45 am tension of service while in combat; (14) Above average military conduct and proficiency; and (15) Personal decorations for valor. (c) An applicant may bring to the Board's attention any other factor which he believes should be considered. § 102.5 Calculation of length of alterna- tive service. (a) Having reached a decision to rec- ommend that the President grant execu- tive clemency to a particular applicant, the Board will then decide whether or PRESIDENTIAL CLEMENCY BOARD THE WHITE HOUSE WASHINGTON, D.C. 20500 May 15, 1975 MEMORANDUM FOR ALL STAFF PCB FROM DARLENE BANKS, KEY OPERATOR SUBJECT XEORXING The purpose of this memo is to set forth the guidelines on the the use of the xerox machines located in Room 605-A. There are two machines located on the six floor in the above room. I (Darlene Banks) will be the "key operator" for both machines. The first machines will be for everyone in the PCB Program and the second is for large projects only (100 or more copies) which I will do myself. The hours the xerox machine's being used is 9:00 a.m. to 5:30 p.m., and no one is to use the machine before 9:00 a.m. Anyone working late and think that they will be needing me to do some xeroxing or need the machine please notify me before 5:30 p.m. Everyone's cooperation in this matter will be greatly appreicated. PRESIDENTIAL CLEMENCY BOARD THE WHITE HOUSE WASHINGTON, D.C. 20500 May 20, 1975 LIBRARY MEMORANDUM FOR: ALL HANDS B. m.m. FROM: LAWRENCE M. BASKIR SUBJECT: Reorganization of PCB Staff Channels As most everyone knows, the PCB was examined closely last week by a team of experts selected from throughout the Executive Branch. The team was chosen by the Deputy Director of OMB at the direct request of the President. I'm sure you've all felt some of the fall-out from this review. It will no doubt result in some amount of discomfort as we change our operation to respond to their suggestions. I hope the unsettling time will be short, and the result will be better work, done in a more organized fashion, and at a consistently high quality in line with our obligations to the President and to the individuals whose lives we are affecting. As always, I rely on the staff not only to respond conscientiously to requirements, but also to assist me and the Chairman and the rest of the Board with ideas, criticisms, and suggestions. I hope that we will not sacrifice the collegial, informal and personal qualities that have been such a large element in our successes thus far. It is important not only that we finish by September 15, but that we can take pride in the quality of our accomplishment. The staff has performed above all reasonable demands the past few weeks and I thank you all for this. If the performance and enthusiasm is maintained for the next 4 months, I am confident about the results. One important requirement is that we clarify organizational responsibilities throughout the staff. I have asked Bob Knisely, the Deputy General Counsel, to take responsibility for all aspects of the legal production and presentation of cases. Action Attorneys will report through their assistant team leaders and team leaders to John Foote and Ray Mitchell, who in turn will be responsible to Bob. Similarly, Gretchen Handwerger, the PCB Chief Administrative Officer, will direct the administrative side of the operations, with budget, personnel, building services, files, record-keeping and the like under her responsibility. - 2 - Both Bob and Gretchen will report to me, and I will ask all others to clear matters with them SO that they can be brought to my attention in an organized and coherent fashion. I hope this will clarify some questions. If there are others, I hope each of you will see that they come to the attention of the proper person. Thank you! 5/21/75 TO: Paul O'Neill FROM: Charles Goodell The appendix referred to in the memo will be forwarded under separate cover this afternoon. -2- Second, although we obviously are making every effort to adopt the suggestions of the team, I am concerned that theimprojections may not be valid. The Survey team's calculations are based on assumptions which are untested by experience, and which may prove over-optimistic. My judgment that we need the additional complement of 100 interns is based on our experience to date with atterney pro- duction. This includes uncertainties in the assumption of the staff's production in June under very different circumstances from the past, the difficult personal circumstances under which our attorneys are working, and the very real worry many of them have about the harmful effects of this detail on their career opportunities in their home agency. In view of the fact that meeting the President's goal is the most important element in our calculations, the 100 additional interns should not be a major matter in dispute. The additional interns will provide the margin of insurance for the PCB. Should the Survey team's calculations prove to be incorrect, our options in mid-June will be seriously limited. On the other hand, if additional interns prove to be unnecessary, they will enable the Board to return less productive, full-time attorneys at about the GS 12 level to their agencies. I want to express to you in the strongest terms my conviction that we cannot afford to cut things so close and unnecessarily risk additional problems. PRESIDENTIAL CLEMENCY BOARD THE WHITE HOUSE WASHINGTON, D.C. 20500 June 6, 1975 MEMORANDUM TO : Distribution List E FROM : Robert A. Knisely Deputy General Counsel SUBJECT: Workload There is an ugly rumor floating around that we are almost out of cases and therefore almost out of work. As of May 30, 1975, there were about 9,400 records which had not been assigned. It is even more significant that President Ford had only been sent a total of 373 cases. (see attached pipeline chart) While the 9,400 figure may be a few thousand too high, it is quite obvious that until we have sent more than 2% of our caseload to the White House, we are hardly over the hump. In the event that we do get ahead of schedule, detailees will go back to their agencies long before the first summer intern hits the street. It only makes sense: interns are less expensive. No one will be released from the Board's staff unless and until there has been a lot of discussion and everyone's free choice has been exercised to the point of exhaustion. Please worry for a few more weeks about the unhappy consequences of our not finishing by mid September, before getting uptight about the unhappy consequences of finishing long before mid- September. A more detailed explanation of where we stand will follow soon. Attachment FORD VIBRARY CASES IN PCB PIPELINE AS OF 30 MAY 1975 (Est. 3280) (2037) (1290) (1650) (1100 est.) Projected Applications Initial File DD or BCD Records Received 1 Applicants Logged, File Request Out File Request Files Not Completed 2 Not Requested Out (29) (593) (78) (1542) 2 Files Available Files Enroute/ Files Rcd. by Cases Assigned, For Distribution Distributed to AA Teams, Not Yet No Significant 3 AA Teams Assigned to AA's Action (388) (724) Miscellaneous Jurisdictional Cases in AA Question or Pipeline Correspondance (327) (650) (699) (639) (1172) 3 Draft Case Partially Draft Hand- Draft Written, or in Pro- Written Typed Cases TO/IN Cases Awaiting 4 cess of Rewrite Quality Control Final Typing (194) (700) (1206) (247) 4 Cases Typed in Final Docketed Decided By Cases Awaiting and Xeroxed Board Panel Xeroxing (83) (228) (145) Cases to be Cases Sent to SIGNED Heard By President, BY Board Awaiting Signature PRESIDENT Goodell PRESIDENTIAL CLEMENCY BOARD THE WHITE HOUSE WASHINGTON, D.C. 20500 June 9, 1975 MEMORANDUM FOR: DISTRIBUTION LIST B FROM: BOB HORN RH SUBJECT: AUDIT TRAIL OF PCB ACTIVITIES Until fairly recently, my office was able to obtain copies of all internal information and memoranda which related to Presidential Clemency Board activities. This was being done so that WE would have a regular and systematic record of Board activities. After we moved to the "M" Street location, we stopped getting copies of many of these documents. I would appreciate your sending me copies of all your important memos. Even if there is some question as to the significance of a given piece of paper, please sent it along and let me decide whether or not to include it in our files. FORD LIBRARY is GOODELL PRESIDENTIAL CLEMENCY BOARD THE WHITE HOUSE WASHINGTON, D.C. 20500 June 12, 1975 MEMORANDUM TO: Distribution List B FROM : Gretchen Handwerger SUBJECT : Time and Attendance and Overtime Since we have grown to over 600 employees, our previous way of keeping time and attendance no longer works. Starting with the week of June -- 11 each executive secretary must keep the time and attendance on all employees of the group in the manner described below. Although most professionals who are permanent employees of their home agencies should still call in their own time, the PCB personnel office needs to have their time recorded in case their agency needs some back-up documentation. When recording leave or overtime if it is part of a day you must show from what-to-what time (see example 1 attached). The Request for Authorization of overtime work sheet has to be typed, signed and only one name to a sheet as these go to the employee's agency. (See example 2) The Time and Attendance and Overtime sheets must be verified and signed by the supervisor and turned in to Jill Marshall, Room 501-F by 12 noon every Thursday. You will have to project the overtime hours for the week- end on the sheets also. If there are any adjustments, just record them on the following week's sheets. These forms are available in the 2nd floor supply room, M Street building, or you may make your own copies. Attachments GCRALD TORD FRABELY TEAM LEADERS NAME JOHN DOE DATE 6/5/75 ATTENDENCE SHEET NAME MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 4 5 4 A/L 8 8 3 S/L 8 Jimmy Jones 12:30-4:30 9:00-12:00 8 8 8 O.T. 8 8 2 OT 2 OT 7-8 8 8:00-4:30 Sharon Jackson 4:30-6:30 4:30-5:30 4 AWOL 8 AWOL 1:30-5:30 9-5:30 8 8 AWOL Joe Blow 8 4 9-5:30 EXAMPLE 1. EXAMPLE 2 PRESIDENTIAL CLEMENCY BOARD THE WHITE HOUSE WASHINGTON, D.C. 20500 REQUEST FOR & AUTHORIZATION OF OVERTIME WORK SOCIAL Authorized overtime EMPLOYEE'S NAME SECURITY est. no. Dates NUMBER of hrs, Sharon Jackson 2 6/3/75 2. 6/5/75 8 6/7/75 APPROVED BY TITLE DATE JOHN DOE TEAM LEADER 6/5/75 PRESIDENTIAL CLEMENCY BOARD THE WHITE HOUSE WASHINGTON, D.C. 20500 REQUEST FOR & AUTHORIZATION OF OVERTIME WORK SOCIAL Authorized overtime EMPLOYEE'S NAME SECURITY est. no. Dates NUMBER of hrs, APPROVED BY TITLE DATE TEAM LEADERS NAME DATE ATTENDENCE SHEET NAME MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET / SELVES WASHINGTON, D.C. 20503 JUN 1 3 1975 Mr. Charles E. Goodell Chairman Presidential Clemency Board 2033 M Street, N. W. Washington, D. C. 20036 Dear Mr. Goodell: We appreciate the heavy workload of the Board and its staff, particularly since the recent acceleration and expansion of activities. However, those activities have also created a need for the Board to take three actions, which have been discussed with your staff, to assure continued compliance with the Federal Advisory Committee Act. Those actions are: 1. Request a determination by the Director of OMB that the next set of meetings scheduled by the Board shall not be open to the public. Such a determination has been made for the meetings scheduled through June 28, 1975. If meetings are scheduled beginning June 30, 1975, and running through July, the determi- nation should be requested at once, to assure that it can be processed, and the 15 day prior notice of the meetings can be published in the Federal Register as required by the Act and OMB Circular No. A-63. 2. OMB is now reviewing a proposed determination naming a number of the Board's staff as alter- nate "designated Federal employees," to serve on the subgroups of the Board. Implicit in such a determination is that those employees of the Board understand their authority and responsibilities under the Federal Advisory Committee Act, and act accordingly. We need your assurance that steps are being, or have been, taken to inform them of this authority and responsibility. 2 3. The charter of the Presidential Clemency Board should be revised to reflect the present structure, changed termination date, etc. To assure compliance with the Act it is important that we hear from you as soon as possible. Sincerely, 20 O4- Fernando Oaxaca Associate Director for Management and Operations Goodell PRESIDENTIAL CLEMENCY BOARD THE WHITE HOUSE WASHINGTON, D.C. 20500 June 25, 1975 MEMORANDUM TO : ALL BOARD MEMBERS FROM : ROBERT J. HORN EXECUTIVE SECRETARY SHR SUBJECT : End of Fiscal Year This is a follow-up to our discussion at the Board Meeting today. I expect that by now new Board Members have received the tax forms that I mentioned. I would appreciate their filling them out and returning them to the person sitting at the desk in the Board Room, no later than 2 p.m. today. Secondly, I would like to remind all the Board Members who haven't done so already, to submit their salary, per diem, and travel vouchers for last week, also by 2 o'clock today, and to submit the same information for this week, projecting through Monday of next week, no later than 12 noon tomorrow, June 26. I realize that this will be an imposition on some of you; however, I would appreciate your giving me this information as quickly as possible, because we are trying to close out the fiscal year. Thank you for your understanding. PRESIDENTIAL CLEMENCY BOARD THE WHITE HOUSE WASHINGTON, D.C. 20500 June 25, 1975 MEMORANDUM TO : ALL BOARD MEMBERS FROM : ROBERT J. HORN EXECUTIVE SECRETARY SHR SUBJECT : End of Fiscal Year This is a follow-up to our discussion at the Board Meeting today. I expect that by now new Board Members have received the tax forms that I mentioned. I would appreciate their filling them out and returning them to the person sitting at the desk in the Board Room, no later than 2 p.m. today. Secondly, I would like to remind all the Board Members who haven't done so already, to submit their salary, per diem, and travel vouchers for last week, also by 2 o'clock today, and to submit the same information for this week, projecting through Monday of next week, no later than 12 noon tomorrow, June 26. I realize that this will be an imposition on some of you; however, I would appreciate your giving me this information as quickly as possible, because we are trying to close out the fiscal year. Thank you for your understanding. GOODELL July 16, 1975 MEMORANDUM TO: Distribution List B RJH FROM: Robert J. Horn, Executive Secretary SUBJECT: Incurring Financial Obligations on Behalf of the PCB. I am writing this memorandum at OMB's suggestion. As many of you are aware, during the last fiscal year the money allocated to the PCB was inadequate to meet its operating needs. Extraordinary action was taken by OMB in order to avoid a deficiency situation as of June 30, 1975. I therefore request that no one incur financial obligations on behalf of the PCB without my explicit written authorization. To date we have received authorization for very limited funds for FY 1976, and it therefore behooves each of us to keep very strict controls on our expenses. Your full cooperation is essential to the operation of PCB. With this cooperation we can expect to overcome any inconveniences that might result from the limited finances available to the Board. Thank you. Evelyn- GERALD FORD 7/16 then any letter come through for CEG's signature which are letters of recommendation, commendation, etc. would you be per they have Chalie Photto initials on they to indicate that there's been Pome coordination with personal. (Le'r trying to be lune that everyone "gets a teller of tome port 1 generally done on the typewriter machine and Buging from lutteware to hothy enthustate - but we also want te be sure that people don't set two from the CEG other - one by handled God knows by who. Phott and GMb * or admust everyone if it's better to leave everything unwaid we'll consider doing that THE WHITE HOUSE WASHINGTON Evelyn: This was opened by Rick yesterday and I believe he informed Senator Goodell. m Marilyn M. 7/18 Per Rick's request, I have made a copy of the enclosed and sent it to Bob Knisely. of The PRESIDENT EXECUTIVE OFFICE OF THE PRESIDENT UNITED OFFICE OF MANAGEMENT AND BUDGET SECUTIVE STATE WASHINGTON, D.C. 20503 JUL 17 1975 MEMORANDUM FOR CHARLES GOODELL Subject: Phase-out of the Presidential Clemency Board I am in receipt of a copy of a memorandum from Robert Knisely, Deputy General Counsel, concerning PCB carryover work plan. The plan, as currently presented, indicates that the PCB will have problems meeting the September 15 deadline. I would appreciate receiving a substantially modified version of the above which would include the following information: Clear listing of all tasks that remain to be done as of this date. Detailed work plan describing how these tasks will be accomplished by September 15, 1975. Strategy for the delegation of tasks that will re- main beyond September 15, 1975, to other Federal agencies, e.g., DOD, DOJ, GSA, and Selective Service. Strategy for completion of administrative tasks such as budgetary matters, return of furniture, etc. GSA can provide assistance. In addition to the above, it would be useful for you to pro- vide me with information concerning a plan for possible dele- gation of the Alternative Service issue to the pardoning attorney. This could be worked out by PCB and Selective Service staff. I would also appreciate knowing specifically how you intend to handle the "hard cases. " I understand that there are between 2,000 to 3,000 of these. What is your current planning figure concerning these cases, and how many do you think will exist on September 15? It appears to me that some reasonable deadline should be set for the resolution of these cases. I would appreciate your cooperation in seeing that I am pro- vided this information by July 24) 1975. Panew Ohism Paul H. Neill Deputy Director PRESIDENTIAL CLEMENCY BOARD THE WHITE HOUSE WASHINGTON, D.C. 20500 August 6, 1975 MEMORANDUM FOR: ALL STAFF MEMBERS RAVE for FROM: LAWRENCE M. BASKIR SUBJECT: CONFIDENTIALITY POLICY The PCB has promised those who contact us that their communication and identification will remain entirely confidential and that the information which they give to us will be used ONLY by the PCB and ONLY for Clemency purposes. If officials, such as the police or the FBI, ask you for any identifying information about a person who has contacted us, explain that the request must be made in writing to Lawrence M. Baskir as General Counsel of the PCB. You should then write a memo to alert me that such a request for identification is forthcoming. No addresses or other information shall be released without written approval from the General Counsel. In your efforts to contact applicants for information with which to write a case summary, you must use extreme caution when dealing with any person outside the PCB. This policy is in keeping with the assurances which were made to the public regarding any and all applications to the clemency program. ACTION ROUTING AND TRANSMITTAL SLIP 1 TO (Name, office symbol or location) INITIALS CIRCULATE Sen. Goodell DATE COORDINATION 2 INITIALS FILE DATE INFORMATION 3 INITIALS NOTE AND RETURN DATE PER CON - VERSATION 4 INITIALS SEE ME DATE SIGNATURE REMARKS Do NOT use this form as a RECORD of approvals, concurrences, disapprovals, clearances, and similar actions. FROM Gritchen (Name, office symbol or location) DATE 9/3/75 PHONE GPO: 1972 0 - 254-690/ 479-987 OPTIONAL FORM 41 5041-101 AUGUST 1967 GSA FPMR (41CFR) 100-11.206 PRESIDENTIAL CLEMENCY BOARD THE WHITE HOUSE WASHINGTON, D.C. 20500 September 2, 1975 TO: General Walt FROM: Gretchen M. Hand amb erger FORD LIBRART SUBJECT: The Opening of Mail After talking with you this afternoon, I tried to find out why mail addressed to you (and others) has been opened before routing during the past few days rather than sent to you directly and unopened as it has been previously. Charles Graham, who was Acting Administrator in my absence, tells me that Steve Sturgill, the PCB "mailman" was sick on Thursday and Friday (August 28 and 29) and that in his absence the mail was opened and sorted by a variety of helpers, all pulled from other jobs on a short-term basis in an effort not to let the incoming mail pile up. It is my understanding that this mail was handled in assembly line fashion, with the first person in the line slitting open all envelopes, the second person pulling out the letters and stapling the envelopes to them, the third person date stamping the letters, the fourth person sorting them into action piles, etc. The second person in this assembly line (the person pulling out the letters and stapling the envelopes to them) was also first checking the envelopes for mail that should be pulled out for direct routing (e.g. mail addressed to Board Members, etc.) and when she discovered mail which had been opened which shouldn't have been, she resealed the letters by stapling the envelopes and putting them in the mail routing bin. It seems clear to me that this initial sorting should have been done before the envelopes were slit but I can fully understand the circumstances in which substi- tute help, improvising their own system, proceeded inappropriately. The instructions normally followed in opening the mail are as follows: 1. Mail addressed to Senator Goodell or Larry Baskir (unless marked "personal") is opened in the mailroom. 2. Mail addressed to case attorneys (unless marked "personal") is sent to a small group of attorneys on Chuck Hilbert's team which handles it in conjunction with the case attorney to whom it's addressed if he's still at the PCB. 3. ALL OTHER MAIL is routed directly, without opening, to the person to whom it is addressed. If the addressee wishes to have it handled routinely he returns it to me or Carolyn Swanson, head of the correspondence unit. These procedures have been in effect for as long as I have been at the Clemency Board. If Ron Hoile led you to believe that other directives are in effect concerning the opening and handling of mail, he was in error. I am sure that mistakes have been made but I am equally sure that, on the whole, the system has worked pretty well. As you said, this is the first time you have received mail that had been opened. I am most concerned about Col. Dickman's check and have asked Charlie Graham to follow up on this. I have also queried the people who were handling mail in Steve's absence. They say they saw no such check - but then they probably wouldn't have since they were not removing the contents from their envelopes. We are also checking to be sure that the check did not fall out of the envelope and is now lying around somewhere in the mail sort area. I am extremely sorry that your mail - and that of other Board members, Col. Dickman, Col. Bensen, and indeed probably everyone else at the PCB who received mail on last Thursday and Friday - was opened, but I can assure you that it was done inadvertently rather than intentionally. CC: Senator Goodell Ron Hoile Col. Dickman Major Buck Col. Benson Charles Graham Steve Sturgill