B-181999, DEC 4, 1974

B-181999: Dec 4, 1974

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IS LIABLE FOR FULL AMOUNT OF TRANSFER COSTS AS THERE IS NO AUTHORITY UNDER 5 U.S.C. 5724(I) FOR PRORATING AMOUNT BASED ON TIME SERVED AFTER TRANSFER AS THERE I UNDER 5 U.S.C. 4108(C) WITH REGARD TO DEBTS ARISING FROM VIOLATION OF SERVICE AGREEMENTS REQUIRED UNDER TRAINING PROVISIONS. LEJCHER - VIOLATION OF EMPLOYMENT AGREEMENT: THIS IS IN RESPONSE TO A REQUEST FOR AN ADVANCE DECISION FROM AN AUTHORIZED CERTIFYING OFFICER OF THE DEPARTMENT OF AGRICULTURE. WAS TRANSFERED FROM HARRISBURG. LEJCHER WAS ALLOWED AND REIMBURSED FOR RELOCATION EXPENSES IN THE AMOUNT OF $2. HE IS NOW IN DEBT TO THE UNITED STATES FOR THE COSTS OF HIS TRANSFER BECAUSE OF HIS FAILURE TO REMAIN IN THE FEDERAL SERVICE FOR 12 MONTHS.

B-181999, DEC 4, 1974

EMPLOYEE, WHO LEAVE FEDERAL SERVICE PRIOR TO COMPLETION OF 12-MONTH SERVICE AGREEMENT, IS LIABLE FOR FULL AMOUNT OF TRANSFER COSTS AS THERE IS NO AUTHORITY UNDER 5 U.S.C. 5724(I) FOR PRORATING AMOUNT BASED ON TIME SERVED AFTER TRANSFER AS THERE I UNDER 5 U.S.C. 4108(C) WITH REGARD TO DEBTS ARISING FROM VIOLATION OF SERVICE AGREEMENTS REQUIRED UNDER TRAINING PROVISIONS.

TERRANCE R. LEJCHER - VIOLATION OF EMPLOYMENT AGREEMENT:

THIS IS IN RESPONSE TO A REQUEST FOR AN ADVANCE DECISION FROM AN AUTHORIZED CERTIFYING OFFICER OF THE DEPARTMENT OF AGRICULTURE, FOREST SERVICE, AS TO THE PROPRIETY OF CONSIDERING THE ALLOCATION OF TWELVE EQUAL PARTS OF AN AMOUNT DUE THE UNITED STATES RESULTING FROM A VIOLATION OF A SERVICE AGREEMENT REGARDING THE RELOCATION EXPENSES OF A FORMER EMPLOYEE. THE RECORD INDICATES THAT TERRANCE R. LEJCHER, WHILE AN EMPLOYEE OF THE FOREST SERVICE, WAS TRANSFERED FROM HARRISBURG, ILLINOIS, TO FRESNO, CALIFORNIA, ON JUNE 24, 1973. MR. LEJCHER WAS ALLOWED AND REIMBURSED FOR RELOCATION EXPENSES IN THE AMOUNT OF $2,687.11 IN ACCORDANCE WITH THE PROVISIONS OF 5 U.S.C. 5724(A), AFTER SIGNING THE 12-MONTH SERVICE AGREEMENT REQUIRED BY 5 U.S.C. 5724(I). ON NOVEMBER 2, 1973, MR. LEJCHER RESIGNED FROM THE FOREST SERVICE AND UNDER THE ABOVE-CITED PROVISION OF LAW AND THE SERVICE AGREEMENT DATED APRIL 30, 1973, HE IS NOW IN DEBT TO THE UNITED STATES FOR THE COSTS OF HIS TRANSFER BECAUSE OF HIS FAILURE TO REMAIN IN THE FEDERAL SERVICE FOR 12 MONTHS.

MR. LEJCHER CONTENDS THAT HE SHOULD NOT BE LIABLE FOR THE ENTIRE $2,687.11 BUT THAT THE AMOUNT OF THE DEBT SHOULD BE PRORATED, BASED ON THE AMOUNT OF TIME HE WORKED FOR THE FOREST SERVICE AFTER THE TRANSFER.

IN B-167770, SEPTEMBER 11, 1969, THE QUESTION OF PRORATING THE INDEBTEDNESS OF A FORMER EMPLOYEE RESULTING FROM THE VIOLATION OF AN EMPLOYMENT AGREEMENT UNDER SIMILAR CIRCUMSTANCES WAS CONSIDERED BY OUR OFFICE AND WE STATED:

"5 U.S.C. 5724(I) PROVIDES IN PART THAT IN CASE AN AGREEMENT IS VIOLATED 'THE MONEY SPENT BY THE UNITED STATES FOR THE EXPENSES AND ALLOWANCES IS RECOVERABLE FROM THE EMPOYEE AS A DEBT DUE THE UNITED STATES.' THERE IS NO AUTHORITY UNDER THAT SECTION FOR THE HEAD OF AN AGENCY TO WAIVE RECOVERY OF ANY PART OF THE AMOUNT OTHERWISE DUE SUCH AS IS CONTAINED IN 5 U.S.C. 4108(C) WITH REGARD TO DEBTS ARISING FROM THE VIOLATION BY EMPLOYEES OF SERVICE AGREEMENTS REQUIRED UNDER THE TRAINING PROVISIONS. WE FIND NO BASIS IN LAW WHICH WOULD PERMIT DISCRETION ON THE PART OF THE EMPLOYING AGENCY WITH REGARD TO THE AMOUNT OF AN EMPLOYEE'S DEBT FOR VIOLATION OF A SERVICE AGREEMENT REQUIRED BY 5 U.S.C. 5724(I)."

BASED ON THE FOREGOING, MR. LEJCHER REMAINS LIABLE FOR THE ENTIRE $2,687.11.