B-210338.2, SEP 27, 1983

B-210338.2: Sep 27, 1983

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HOUSE OF REPRESENTATIVES: THIS IS IN RESPONSE TO YOUR LETTER OF AUGUST 1. WE HAVE. A COPY OF THAT SUPPLEMENT IS ENCLOSED. COPIES ARE ALSO BEING FURNISHED TO RECIPIENTS OF THE ORIGINAL ANALYSIS AND CERTAIN RECIPIENTS OF THE REPORT OF AUGUST 31. YOUR LETTER CONTAINS OBSERVATIONS CONCERNING THE CONTRACT OF THE PRESIDENT OF THE LEGAL SERVICES CORPORATION WHICH ARE NOT ADDRESSED IN THE SUPPLEMENTAL LEGAL OPINION. WE FELT IT INAPPROPRIATE TO COMMENT ON THAT IN THE OPINION BECAUSE THE SEVERANCE PAY PROVISIONS OF THE CONTRACT HAVE BEEN SUPERSEDED BY THE PROVISIONS OF THE ACT OF DECEMBER 21. BOGARD BECOMES ELIGIBLE FOR A PAYMENT UNDER THE CONTRACT AND IS SUCCESSFUL IN ENFORCING THE CONTRACT IN COURT.

B-210338.2, SEP 27, 1983

PRECIS-UNAVAILABLE

THE HONORABLE HAROLD S. SAWYER, HOUSE OF REPRESENTATIVES:

THIS IS IN RESPONSE TO YOUR LETTER OF AUGUST 1, 1983, CONCERNING THE STATUS OF CERTAIN RECESS APPOINTEES TO THE BOARD OF DIRECTORS OF THE LEGAL SERVICES CORPORATION AND WITH RESPECT TO THE STATUS OF THE PRESIDENT OF THAT CORPORATION.

SINCE THE MATTERS WHICH YOU ADDRESS RELATE TO THE LEGAL ANALYSIS FURNISHED TO SEVERAL MEMBERS ON APRIL 5, 1983, B-210338, WE HAVE, WITH CONCURRENCE FROM YOUR STAFF, ANSWERED THEM IN A SUPPLEMENT TO THAT LEGAL ANALYSIS.

A COPY OF THAT SUPPLEMENT IS ENCLOSED. COPIES ARE ALSO BEING FURNISHED TO RECIPIENTS OF THE ORIGINAL ANALYSIS AND CERTAIN RECIPIENTS OF THE REPORT OF AUGUST 31, 1983, GAO/HRD-83-69.

YOUR LETTER CONTAINS OBSERVATIONS CONCERNING THE CONTRACT OF THE PRESIDENT OF THE LEGAL SERVICES CORPORATION WHICH ARE NOT ADDRESSED IN THE SUPPLEMENTAL LEGAL OPINION. IN ADDITION TO THE FACT THAT YOU CHARACTERIZED THESE REMARKS AS AN OBSERVATION, WE FELT IT INAPPROPRIATE TO COMMENT ON THAT IN THE OPINION BECAUSE THE SEVERANCE PAY PROVISIONS OF THE CONTRACT HAVE BEEN SUPERSEDED BY THE PROVISIONS OF THE ACT OF DECEMBER 21, 1982, UNLESS MR. BOGARD BECOMES ELIGIBLE FOR A PAYMENT UNDER THE CONTRACT AND IS SUCCESSFUL IN ENFORCING THE CONTRACT IN COURT. WE DO AGREE WITH YOUR OBSERVATION THAT THE SUPERSEDED CONTRACT CLAUSES GIVE UNUSUALLY FAVORABLE SEVERANCE BENEFITS.

WE TRUST THAT THIS RESPONSE WILL SERVE THE PURPOSE OF YOUR INQUIRY.