B-220866, OCT 22, 1985, OFFICE OF GENERAL COUNSEL

B-220866: Oct 22, 1985

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WAS AUTHORIZED TO PERMIT PRIVATE INSTITUTE TO HOLD CONFERENCE IN FEDERAL OFFICE BUILDING. TANCREDO WAS AUTHORIZED TO PERMIT THE SEQUOIA INSTITUTE TO HOLD A CONFERENCE ON EDUCATIONAL REFORM IN THE FEDERAL OFFICE BUILDING IN DENVER. TANCREDO WAS AUTHORIZED TO DETERMINE WHETHER TO CHARGE THE INSTITUTE FOR THE USE OF THE SPACE AND FOR ADMINISTRATIVE ASSISTANCE PROVIDED TO IT BY MR. PLEASE REMEMBER THAT THESE ARE MY INFORMAL CONCLUSIONS. I HOPE THIS RESPONSE IS USEFUL TO YOU.

B-220866, OCT 22, 1985, OFFICE OF GENERAL COUNSEL

PROPERTY - PUBLIC - PRIVATE USE - AUTHORITY DIGEST: DIRECTOR, REGIONAL OFFICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES, WAS AUTHORIZED TO PERMIT PRIVATE INSTITUTE TO HOLD CONFERENCE IN FEDERAL OFFICE BUILDING, UPON DETERMINATION SUCH USE SERVED PURPOSE USEFUL OR BENEFICIAL TO AGENCY, AND TO DETERMINE WHETHER TO CHARGE FOR USE OF SPACE AND FOR ADMINISTRATIVE ASSISTANCE PROVIDED BY DIRECTOR'S STAFF UNDER FEDERAL USER CHARGE STATUTE, 31 U.S.C. SEC. 9701.

MS. ELLEN BATTISTELLI:

LEGISLATIVE ASSOCIATE

CIVIL SERVICE SUBCOMMITTEE

COMMITTEE ON POST OFFICE AND CIVIL SERVICE

HOUSE OF REPRESENTATIVES

AS WE DISCUSSED IN OUR TELEPHONE CONVERSATION OF OCTOBER 8, 1985, ON THE BASIS OF THE RESEARCH I PERFORMED IN RESPONSE TO YOUR INFORMAL REQUEST CONCERNING THE LEGALITY OF CERTAIN ACTIONS BY MR. TOM TANCREDO, DIRECTOR OF THE DENVER REGIONAL OFFICE OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, THESE ACTIONS APPEAR TO BE PROPER AND WITHIN HIS DISCRETIONARY AUTHORITY AS DIRECTOR.

IN BRIEF, IT APPEARS THAT MR. TANCREDO WAS AUTHORIZED TO PERMIT THE SEQUOIA INSTITUTE TO HOLD A CONFERENCE ON EDUCATIONAL REFORM IN THE FEDERAL OFFICE BUILDING IN DENVER, IF HE DETERMINED SUCH USE BY A PRIVATE ORGANIZATION SERVED SOME PURPOSE USEFUL OR BENEFICIAL TO HIS AGENCY. B-168627, MAY 26, 1970.

IN ADDITION, UNDER THE FEDERAL USER CHARGE STATUTE, 31 U.S.C. SEC. 9701, MR. TANCREDO WAS AUTHORIZED TO DETERMINE WHETHER TO CHARGE THE INSTITUTE FOR THE USE OF THE SPACE AND FOR ADMINISTRATIVE ASSISTANCE PROVIDED TO IT BY MR. TANCREDO'S STAFF. B-114820-O.M., DECEMBER 4, 1977.

FINALLY, ON THE BASIS OF THE LIMITED FACTS AVAILABLE AT THIS TIME, IT ALSO APPEARS THAT MR. TANCREDO'S ACTIVITIES DID NOT VIOLATE PERTINENT PROVISIONS OF THE ETHICS REGULATIONS APPLICABLE TO FEDERAL EMPLOYEES. SEE, 5 C.F.R. SECS. 735.203 AND 735.205.

PLEASE REMEMBER THAT THESE ARE MY INFORMAL CONCLUSIONS, AND NOT NECESSARILY THOSE OF THE OFFICE OF THE GENERAL COUNSEL.

I HOPE THIS RESPONSE IS USEFUL TO YOU. PLEASE CALL IF I CAN BE OF FURTHER ASSISTANCE.