B-222916, JUN 2, 1986, OFFICE OF GENERAL COUNSEL
Highlights
THE GENERAL ACCOUNTING OFFICE WILL NOT CONSIDER MATTERS WHICH ARE IN THE COURTS DURING PENDENCY OF LITIGATION. THIS REQUEST WAS PROMPTED BY AN ACCIDENT INVOLVING THE EMPLOYEE PERSONALLY. SINCE THE PRIMARY ISSUE RAISED IS THE SUBJECT OF ACTIVE LITIGATION BEFORE THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS. WE WILL NOT PROVIDE A SUBSTANTIVE RESPONSE TO THIS REQUEST. (YOUR REFERENCE COMPGEN/A01) ASKED WHETHER FEDERAL EMPLOYEES ARE ENTITLED TO HEARINGS UNDER THE DEBT COLLECTION ACT OF 1982 IN VARIOUS CIRCUMSTANCES. THE UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE HAS ADVISED US THAT YOUR REQUEST WAS PROMPTED BY AN ACCIDENT INVOLVING YOU PERSONALLY. THAT THE PRIMARY ISSUE YOU RAISE IS THE SUBJECT OF ACTIVE LITIGATION BEFORE THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS.
B-222916, JUN 2, 1986, OFFICE OF GENERAL COUNSEL
GENERAL ACCOUNTING OFFICE - DECISIONS - REQUESTS - LITIGATION PENDING DIGEST: AN EMPLOYEE, AS A UNION REPRESENTATIVE, SEEKS ADVICE FROM THE COMPTROLLER GENERAL OF THE UNITED STATES ABOUT THE ENTITLEMENT OF FEDERAL EMPLOYEES TO HEARINGS UNDER THE DEBT COLLECTION ACT OF 1982 IN VARIOUS CIRCUMSTANCES. THE GENERAL ACCOUNTING OFFICE WILL NOT CONSIDER MATTERS WHICH ARE IN THE COURTS DURING PENDENCY OF LITIGATION, BECAUSE THE EVENTUAL OUTCOME OF THE LITIGATION MAY RESOLVE THE MATTER. THIS REQUEST WAS PROMPTED BY AN ACCIDENT INVOLVING THE EMPLOYEE PERSONALLY. SINCE THE PRIMARY ISSUE RAISED IS THE SUBJECT OF ACTIVE LITIGATION BEFORE THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS, WE WILL NOT PROVIDE A SUBSTANTIVE RESPONSE TO THIS REQUEST.
MR. ROBERT J. MARREN:
VICE PRESIDENT (TX-NM)
NATIONAL BORDER PATROL COUNCIL
1615 O'POSSUM CIRCLE
EL PASO, TEXAS 79927
YOUR LETTER DATED DECEMBER 27, 1985, (YOUR REFERENCE COMPGEN/A01) ASKED WHETHER FEDERAL EMPLOYEES ARE ENTITLED TO HEARINGS UNDER THE DEBT COLLECTION ACT OF 1982 IN VARIOUS CIRCUMSTANCES. THE UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE HAS ADVISED US THAT YOUR REQUEST WAS PROMPTED BY AN ACCIDENT INVOLVING YOU PERSONALLY, AND THAT THE PRIMARY ISSUE YOU RAISE IS THE SUBJECT OF ACTIVE LITIGATION BEFORE THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS, EL PASO DIVISION: UNITED STATES V. ROBERT J. MARREN, NO. EP-85-CA-413 (W.D. TEX. FILED NOV. 26, 1985).
IT IS OUR LONGSTANDING RULE THAT WE WILL NOT CONSIDER MATTERS WHICH ARE IN THE COURTS DURING PENDENCY OF LITIGATION, BECAUSE THE EVENTUAL OUTCOME OF THE LITIGATION MAY RESOLVE THE MATTER. SEE WILLIAM C. RAGLAND, 62 COMP.GEN. 399, 400 (1983); 58 COMP.GEN. 282, 286 (1979); AND MORRIS MECHANICAL ENTERPRISES, INC., B-200552, MARCH 16, 1982.
CONSEQUENTLY, WE WILL NOT PROVIDE YOU WITH A SUBSTANTIVE RESPONSE TO YOUR REQUEST.