Who takes presedence????

[BMCS Jeff Lucas]

I've been running this question through the chains, and have yet to get a definitive answer, so I'm wondering if anyone here may have an answer.

I am employed by the federal gov't as a law enforcement officer. With the recent hurricanes, I have been getting called by both the Feds, and CG for the same situations. My questions is, if the president makes an involuntary recall of both agencies I work for, which agency takes precedence?? The fed civilian agency, or the fed military agency?

[BMCM Stuart S. Slesh]

I'd just be guessing also, but I'd say the military agency, depending on your qualifications, and the need for the recall.......... I've known people who were in the active reserves who had to get out and go inactive, because their other government job said they couldn't afford to lose them if it came to that.
For clarity, I knew people in Customs, that were not going to be let go to serve under Title 10 orders, so they had to switch over to the inactive reserves..... or at least that was the story they told me.

I would also think it had to do with what positions you held at each agency. Say you're the head of your department at your other job, and "merely" a boarding officer for the Coast Guard. I think the CG would have to show how vital you were to win out.....

[CWO Eugene Diotalevi (BMC)]

Jeff,

As I understand it, involuntary means involuntary and the Fed agency is required to let you go. This said, your agency has the latitude to argue your expertise/position is vital to the agency and request your orders be rescinded.

G

[BMCS Jeff Lucas]

Jeff,

As I understand it, involuntary means involuntary and the Fed agency is required to let you go. This said, your agency has the latitude to argue your expertise/position is vital to the agency and request your orders be rescinded.

G

Right, but if the president were to involuntarily recall the officers of my federal civilian agency along with the CGR, who takes presedence when both recalls are the same?

And Stu, I find it hard to believe that the federal government can order a reservist out of an active drilling status. I certainly would be interested to see the facts behind that if it actually did happen.

[BMCM Bruce Bradley]

Right, but if the president were to involuntarily recall the officers of my federal civilian agency along with the CGR, who takes presedence when both recalls are the same?


Jeff, yours is a rare case which I doubt has often if ever come up before in anything other than an academic discussion like this one. And until that happens in real life no one will really know. But if it was me who had hands on both sides ready to pull, I'd be asking that question now to both of my bosses to have the answer worked out before crunch time. People have a tendency to dig in when the heat is on and the cluster-fluck lamp is flashing.

[BMCS Jeff Lucas]

Jeff, yours is a rare case which I doubt has often if ever come up before in anything other than an academic discussion like this one. And until that happens in real life no one will really know. But if it was me who had hands on both sides ready to pull, I'd be asking that question now to both of my bosses to have the answer worked out before crunch time. People have a tendency to dig in when the heat is on and the cluster-fluck lamp is flashing.

I agree MC. This probably hasn't happened much in the past. But after the Katrina cluster-fluck (to steal your term; i like it), DOI, who I work for, has developed these Emergency Response SAR and LE teams, both of which I am a member of. These teams are deployed by folks out of DC. So the future chances are becoming greater. This is why I'm trying to be proactive and see if there is any legal standing concerning this, that someone may know about. So when the time does come, we already know the answer. I suspect there isn't a definitive answer out there, but hopefully by starting the discussion up the chain, this can be nipped in the bud.

[BMC Russell Miller]

Senior,
A friend of mine back in the first Gulf War started faced the same problem, here is what a CO told him and how to make up his mind, Which job pays the bill and takes care of the family, decide which is the must important to you, if it is the GCR then make the jump if it is the federal job he had. Then go inactive. Like yourself he was in catch 22, He decided his main job gave him the best benfit and vs CGR could offer. He went inactive and has moved up, a friend of his did not and he playing catch up. Not a good answer.

[BMC John Marschhauser]

I had to face this very question on September 11th, 2001 at the World Trade Center Disaster. I was already skippering a police boat at the scene when I got "the Call" from the Coast Guard. When I explained that I was already at the scene doing work, they told me "good job and good luck". This was much to the Coast Guard's credit as I half expected some type of struggle over my measley self...

In stressful times, people usually make the correct decision.

[BMCS Dave Considine]

I know a CBP officer who is also a CG reservist. If there is a recall, he goes to the CG. I'll double check with him, but that is what I believe happens.

[BMCS Jeff Lucas]

I ran this through ESGR, and this is what they came up with.

Rae, This is a difficult question. I have an answer that seems right, but I'm not sure. I really need someone who knows the whole federal system, and I'm not that person. But, my best guess, is that Mr. Lucas is subject to military orders first. The Code of Federal Regulations, Title 32, Part 64.3 describes a "key employee." This is further defined in the attachments to DoD Directive1200.7. My reading of that directive is that Mr. Lucas' civilian boss has to take some steps to identify him as a "key employee." Once identified he would have to be removed from the Ready Reserve. I don't think that has happened. I don't think he wants it to happen. Again, I just gave this a quick read, but it looks like one criteria for a "key employee" is one that cannot be easily filled after mobilization. I don't think his position would meet that criterion. My best guess, based on this, is that the military comes first.

Dave C. David Dietz
Assistant Ramsey County Attorney
MSBA Board Certified Civil Trial Specialist
50 W. Kellogg Boulevard Suite 560
St. Paul, MN 55102(651)266-3035