B-143743, SEPTEMBER 14, 1960, 40 COMP. GEN. 162

B-143743: Sep 14, 1960

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WHICH WAS FORWARDED HERE BY THE ADMINISTRATIVE ASSISTANT SECRETARY OF THE TREASURY ON AUGUST 9. THE CLAIM IS PREDICATED UPON THE FACT THAT SOME 14 MONTHS AFTER HIS VOLUNTARY RESIGNATION MR. TRIMBLE WAS RE-EMPLOYED BY THE INTERNAL REVENUE SERVICE AND REASSIGNED TO THE SAME DUTY STATION AT WHICH HE NOW HAS COMPLETED MORE THAN THE PERIOD OF SERVICE AGREED UPON IN THE SAID TRAINING AGREEMENT. - THE PRIME CONSIDERATIONS FOR ASSIGNMENT TO THE COURSE WERE THE QUALIFICATION OF THE APPLICANT AND THE EXPECTED FUTURE RETURN TO THE INTERNAL REVENUE SERVICE IN THE TERMS OF PRODUCTIVITY AND QUALITY IN PERFORMANCE. THE LANGUAGE OF THE AGREEMENT IS CLEAR. TRIMBLE IN THE MATTER WAS EXTINGUISHED. THE GOVERNMENT WAS MADE WHOLE.

B-143743, SEPTEMBER 14, 1960, 40 COMP. GEN. 162

CIVILIAN PERSONNEL - TRAINING AGREEMENTS - BREACH - SUBSEQUENT REEMPLOYMENT THE REEMPLOYMENT OF AN EMPLOYEE BY THE SAME AGENCY SOME 14 MONTHS AFTER HIS VOLUNTARY RESIGNATION PRIOR TO THE COMPLETION OF A REQUIRED PERIOD OF SERVICE, IN ACCORDANCE WITH A TRAINING AGREEMENT WHICH OBLIGATED THE TRAINEE TO PAY TRAINING COSTS FOR FAILURE TO SERVE THE REQUIRED PERIOD FOLLOWING THE TRAINING COURSE, DOES NOT OBLIGATE THE GOVERNMENT TO REFUND THE TRAINING COSTS COLLECTED FROM THE EMPLOYEE, THE OBLIGATION OF THE EMPLOYEE UNDER THE TRAINING AGREEMENT BEING EXTINGUISHED UPON PAYMENT OF THE COST AND THE TRANSACTION CLOSED.

TO BETTY C. SCARIOT, DEPARTMENT OF THE TREASURY, SEPTEMBER 14, 1960:

YOUR LETTER OF AUGUST 3, 1960, WHICH WAS FORWARDED HERE BY THE ADMINISTRATIVE ASSISTANT SECRETARY OF THE TREASURY ON AUGUST 9, REQUESTS OUR DECISION CONCERNING THE PROPRIETY OF CERTIFYING FOR PAYMENT A VOUCHER IN FAVOR OF LAWRENCE G. TRIMBLE FOR $424.96. THAT AMOUNT REPRESENTS THE AMOUNT COLLECTED FROM HIM BECAUSE OF HIS VIOLATION OF A TRAINING AGREEMENT BY VOLUNTARILY RESIGNING FROM THE INTERNAL REVENUE SERVICE PRIOR TO HIS SERVING THE REQUIRED TIME UNDER SUCH AGREEMENT, FOLLOWING COMPLETION OF A COURSE OF TRAINING IN A NON GOVERNMENT FACILITY ( THE ADVANCED TRAINING CENTER) MADE AVAILABLE TO HIM AT GOVERNMENT EXPENSE.

THE CLAIM IS PREDICATED UPON THE FACT THAT SOME 14 MONTHS AFTER HIS VOLUNTARY RESIGNATION MR. TRIMBLE WAS RE-EMPLOYED BY THE INTERNAL REVENUE SERVICE AND REASSIGNED TO THE SAME DUTY STATION AT WHICH HE NOW HAS COMPLETED MORE THAN THE PERIOD OF SERVICE AGREED UPON IN THE SAID TRAINING AGREEMENT.

YOU SAY THAT---

THE PRIME CONSIDERATIONS FOR ASSIGNMENT TO THE COURSE WERE THE QUALIFICATION OF THE APPLICANT AND THE EXPECTED FUTURE RETURN TO THE INTERNAL REVENUE SERVICE IN THE TERMS OF PRODUCTIVITY AND QUALITY IN PERFORMANCE. TO ENSURE THE FUTURE RETURN TO THE GOVERNMENT THE REGULATIONS PROVIDED THAT EACH EMPLOYEE SELECTED TO ATTEND THE TRAINING CENTER BE REQUIRED TO SIGN AN AGREEMENT TO ,REMAIN WITH THE REVENUE SERVICE FOR THREE FULL YEARS AFTER COMPLETION OF THE ADVANCED TRAINING COURSE.' AN EMPLOYEE, WHO VIOLATED HIS AGREEMENT WOULD BE REQUIRED TO REPAY THE SERVICE FOR THE COST OF THIS TRAINING PRORATED FOR THE PERIOD OF TIME HE FAILED TO SERVE THREE FULL YEARS AFTER COMPLETION OF THE ADVANCED TRAINING.

THE TRAINING AGREEMENT EXECUTED BY MR. TRIMBLE STATED THAT " I SHALL REMAIN IN THE EMPLOY OF THE INTERNAL REVENUE SERVICE FOR A MINIMUM OF THREE (3) CALENDAR YEARS FROM THE DATE OF COMPLETION OF THE TRAINING CENTER COURSE, UNLESS INVOLUNTARILY SEPARATED FROM THE INTERNAL REVENUE SERVICE AT AN EARLIER DATE.'

THE LANGUAGE OF THE AGREEMENT IS CLEAR. IT OBLIGATED MR. TRIMBLE TO REMAIN IN THE EMPLOY OF THE INTERNAL REVENUE SERVICE FOR A MINIMUM OF THREE CALENDAR YEARS FROM THE DATE OF COMPLETION OF THE COURSE. SINCE MR. TRIMBLE FAILED TO REMAIN IN THE SERVICE FOR THE PRESCRIBED PERIOD FROM THE DATE OF COMPLETION OF THE COURSE, HE CLEARLY BECAME LIABLE FOR THE EXPENSES OF SUCH TRAINING. UPON COLLECTION OF THOSE EXPENSES THE OBLIGATION OF MR. TRIMBLE IN THE MATTER WAS EXTINGUISHED, THE GOVERNMENT WAS MADE WHOLE, AND THE TRANSACTION WAS CLOSED. IN THE ABSENCE OF A STATUTE SPECIFICALLY SO PROVIDING, WE KNOW OF NO BASIS UPON WHICH AN INDIVIDUAL'S RE-EMPLOYMENT COULD OBLIGATE THE SUBSEQUENT SERVICE FOLLOWING SUCH RE-EMPLOYMENT COULD OBLIGATE THE GOVERNMENT TO REFUND TO HIM THE AMOUNT IT LEGALLY COLLECTED IN SATISFACTION OF HIS DEBT ARISING BY REASON OF HIS BREACH OF A TRAINING AGREEMENT. THEREFORE, THE VOUCHER WHICH WILL BE RETAINED IN THIS OFFICE MAY NOT BE CERTIFIED FOR PAYMENT.