B-125851, NOV. 25, 1955

B-125851: Nov 25, 1955

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PELTIER WAS ORIGINALLY RECRUITED FROM CALIFORNIA IN MARCH 1949 BY THE DEPARTMENT OF THE NAVY FOR EMPLOYMENT IN THE NAVAL SUPPLY CENTER ON GUAM. IN JUNE 1950 HE WAS TRANSFERRED TO THE DEPARTMENT OF THE INTERIOR IN CONNECTION WITH THE TRANSFER OF ADMINISTRATIVE RESPONSIBILITY FOR GUAM FROM THE DEPARTMENT OF THE NAVY TO THE DEPARTMENT OF THE INTERIOR. IN THE SPRING OF 1951 HIS EMPLOYMENT WITH THE GOVERNMENT OF GUAM WAS TERMINATED FOR CAUSE AND HE RETURNED TO THE MAINLAND. SECOND TO THE COURTS WHERE HIS CASE IS STILL PENDING. PELTIER'S EMPLOYMENT STATUS WAS NOT MADE SUFFICIENTLY CLEAR TO HIM YOUR DEPARTMENT MADE ARRANGEMENTS WITH THE DEPARTMENT OF THE NAVY FOR RETURN OF HIS HOUSEHOLD GOODS TO HIS PLACE OF RECRUITMENT IN CALIFORNIA.

B-125851, NOV. 25, 1955

TO THE HONORABLE SECRETARY OF THE INTERIOR:

ON OCTOBER 19, 1955, THE ADMINISTRATIVE ASSISTANT SECRETARY REQUESTED OUR ADVICE CONCERNING THE PROPER DISPOSITION OF THE HOUSEHOLD GOODS OF MR. NORMAN A. PELTIER, FORMERLY AN EMPLOYEE OF THE DEPARTMENT OF THE NAVY, THE DEPARTMENT OF THE INTERIOR, AND THE GOVERNMENT OF GUAM. ON OCTOBER 26, 1955, THE ACTING SECRETARY FURNISHED ADDITIONAL INFORMATION CONCERNING MR. PELTIER'S CASE.

MR. PELTIER WAS ORIGINALLY RECRUITED FROM CALIFORNIA IN MARCH 1949 BY THE DEPARTMENT OF THE NAVY FOR EMPLOYMENT IN THE NAVAL SUPPLY CENTER ON GUAM. IN JUNE 1950 HE WAS TRANSFERRED TO THE DEPARTMENT OF THE INTERIOR IN CONNECTION WITH THE TRANSFER OF ADMINISTRATIVE RESPONSIBILITY FOR GUAM FROM THE DEPARTMENT OF THE NAVY TO THE DEPARTMENT OF THE INTERIOR. HIS EMPLOYMENT AGREEMENT WITH THE DEPARTMENT OF THE INTERIOR EXPIRED ON SEPTEMBER 25, 1950, AT WHICH TIME HE SIGNED A NEW EMPLOYMENT AGREEMENT WITH THE GOVERNMENT OF GUAM. IN THE SPRING OF 1951 HIS EMPLOYMENT WITH THE GOVERNMENT OF GUAM WAS TERMINATED FOR CAUSE AND HE RETURNED TO THE MAINLAND. HE APPEALED HIS DISMISSAL FIRST TO THE CIVIL SERVICE COMMISSION, WHICH AGENCY HELD IT HAD NO JURISDICTION, AND SECOND TO THE COURTS WHERE HIS CASE IS STILL PENDING. AFTER HIS DISMISSAL AND SINCE EVIDENTLY MR. PELTIER'S EMPLOYMENT STATUS WAS NOT MADE SUFFICIENTLY CLEAR TO HIM YOUR DEPARTMENT MADE ARRANGEMENTS WITH THE DEPARTMENT OF THE NAVY FOR RETURN OF HIS HOUSEHOLD GOODS TO HIS PLACE OF RECRUITMENT IN CALIFORNIA. THEY WERE RETURNED BY THE DEPARTMENT OF THE NAVY, AT THE EXPENSE OF THE DEPARTMENT OF THE INTERIOR, AND PLACED IN STORAGE AT THE NAVAL SUPPLY CENTER, OAKLAND, CALIFORNIA, IN OCTOBER 1952, WHERE THEY ARE AT THIS TIME. REPEATED EFFORTS TO GET MR. PELTIER TO FURNISH A FORWARDING ADDRESS FOR THE GOODS OR TO REMOVE THEM HAVE BEEN UNSUCCESSFUL. WHILE MR. PELTIER'S LETTER OF SEPTEMBER 13, 1955, TO YOUR DEPARTMENT INDICATES THAT PENDING LITIGATION ,INVOLVES THE FURNITURE IN QUESTION," WE INTERPRET THE ACTING SECRETARY'S LETTER OF OCTOBER 26 AS INDICATING THAT THE LITIGATION DOES NOT DIRECTLY INVOLVE THE GOODS AND THAT THE DISPOSITION MADE OF THEM WILL NOT PREJUDICE THE GOVERNMENT'S POSITION IN THE MATTER. ALSO, WE FIND NOTHING OF RECORD IMPOSING A DUTY UPON THE UNITED STATES TO CONTINUE TO HOLD MR. PELTIER'S GOODS AT THE OAKLAND NAVAL SUPPLY CENTER.

IN THE CIRCUMSTANCES, WE PERCEIVE NO OBJECTION TO YOUR DEPARTMENT'S PROPOSAL TO ADVISE THE NAVY TO PLACE THE GOODS IN A COMMERCIAL WAREHOUSE WITH ALL STORAGE COSTS FOR MR. PELTIER'S ACCOUNT. MR. PELTIER SHOULD BE INFORMED OF THE PROPOSED DISPOSITION OF HIS GOODS.