B-162265 (2), SEP. 21, 1970

B-162265 (2): Sep 21, 1970

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LORDAN WAS ASSIGNED TO ATTEND THE JOHN F. HE WAS NOTIFIED PRIOR TO HIS TRANSFER THAT HE WOULD BE REQUIRED TO REPAY TO THE GOVERNMENT THE COSTS INCURRED FOR HIS TRAINING. LORDAN'S INDEBTEDNESS WAS REDUCED UNDER THE AUTHORITY OF 5 U.S.C. 4108(C) TO THE SUM OF $1. WE HAVE REVIEWED MR. IT IS OUR OPINION THAT THE PARTICULAR FACTS OF MR.

B-162265 (2), SEP. 21, 1970

DEBT COLLECTION - TRAINING AGREEMENT BREACH ADVICE THAT COLLECTION ACTION AGAINST FORMER GAO EMPLOYEE WHO TRANSFERRED TO OFFICE OF MANAGEMENT AND BUDGET BEFORE COMPLETING SERVICE AGREEMENT FOLLOWING TRAINING AT HARVARD UNIVERSITY AT EXPENSE OF GOVERNMENT MUST BE CONTINUED SINCE FACTS DO NOT WARRANT WAIVING BALANCE UNDER 5 U.S.C. 4108(C).

THIS REFERS TO LETTER OF JUNE 4, 1970, FROM MR. JAMES R. SCHLESINGER, ACTING DEPUTY DIRECTOR, CONCERNING THE CASE OF MR. JOHN J. LORDAN, A FORMER EMPLOYEE OF THE GENERAL ACCOUNTING OFFICE WHO TRANSFERRED TO THE BUREAU OF THE BUDGET ON DECEMBER 7, 1969.

WHILE EMPLOYED BY THE GENERAL ACCOUNTING OFFICE MR. LORDAN WAS ASSIGNED TO ATTEND THE JOHN F. KENNEDY SCHOOL OF GOVERNMENT AT HARVARD UNIVERSITY FOR THE ACADEMIC YEAR 1967-1968. IN ACCORDANCE WITH THE PROVISIONS OF 5 U.S.C. 4108, PERTAINING TO TRAINING IN NON-GOVERNMENT FACILITIES, MR. LORDAN SIGNED AN AGREEMENT TO REMAIN IN THE SERVICE OF THE GENERAL ACCOUNTING OFFICE FOR A PERIOD OF 36 MONTHS FOLLOWING THE COMPLETION OF HIS TRAINING ASSIGNMENT. FURTHER, HE AGREED TO REIMBURSE THE GOVERNMENT THE EXPENSES INCURRED FOR HIS TRAINING SHOULD HE FAIL TO COMPLETE THE AGREED-UPON PERIOD OF SERVICE.

AFTER COMPLETING HIS TRAINING MR. LORDAN PERFORMED ONLY 18 MONTHS OF SERVICE UNDER HIS TRAINING AGREEMENT BEFORE TRANSFERRING TO THE BUREAU OF THE BUDGET. THEREFORE, IN ACCORDANCE WITH 5 U.S.C. 4108(B), HE WAS NOTIFIED PRIOR TO HIS TRANSFER THAT HE WOULD BE REQUIRED TO REPAY TO THE GOVERNMENT THE COSTS INCURRED FOR HIS TRAINING, WHICH AMOUNTED TO $3,083.89. SUBSEQUENTLY, HOWEVER, MR. LORDAN'S INDEBTEDNESS WAS REDUCED UNDER THE AUTHORITY OF 5 U.S.C. 4108(C) TO THE SUM OF $1,000 IN CONSIDERATION OF HIS HAVING COMPLETED PART OF THE REQUIRED PERIOD OF SERVICE.

WE HAVE REVIEWED MR. LORDAN'S CASE IN THE LIGHT OF MR. SCHLESINGER'S LETTER OF JUNE 4, AND OUR DECISION OF TODAY, B-162265, ADDRESSED TO YOU. IT IS OUR OPINION THAT THE PARTICULAR FACTS OF MR. LORDAN'S CASE DO NOT WARRANT WAIVING THE BALANCE OF HIS INDEBTEDNESS ($1,000) UNDER SUBSECTION 4108(C). THEREFORE, WE MUST AGAIN REQUEST THE COOPERATION OF YOUR OFFICE IN COLLECTING THE BALANCE OF MR. LORDAN'S INDEBTEDNESS IN ACCORDANCE WITH THE PROVISIONS OF SUBSECTION 4108(C).

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