Reimbursement of Legal Fees for Department of Agriculture Employee

A reconsideration was requested of a GAO decision denying the claims of a Federal employee for reimbursement of legal fees. The employee, who worked for the Animal and Plant Health Inspection Service of the Department of Agriculture, wrote several letters concerning improper activities of a meat packing plant in Rhode Island. The employee's supervisor filed suit alleging that the letters were libelous and constituted malicious defamation. The employee, through private counsel, had the lawsuit transferred to Federal court and then later had it dismissed in both State and Federal courts. GAO maintained that the hiring of an attorney by a Government employee is a personal matter and will not be reimbursed unless the employee is being sued for actions arising within the scope of the Government employment. In this case, the Department of Agriculture was unwilling to state that the acts of the employee were within the scope of his official duties. Furthermore, the Department of Justice did not recommend reimbursement for legal fees for the defendant. Thus, the claim for reimbursement from Government funds for the legal fees was denied.