B-122257, NOV. 9, 1966
Highlights
DORN: WE HAVE RECEIVED A LETTER DATED OCTOBER 19. YOU WILL NOTE FROM THE RECORD. BEERS WAS SUBJECT TO INVESTIGATION BY THE UNITED STATES CIVIL SERVICE COMMISSION AS TO HIS QUALIFICATIONS AND SUITABILITY FOR EMPLOYMENT. WE HAVE NO JURISDICTION TO DIRECT THE CIVIL SERVICE COMMISSION TO REOPEN MR. WHILE THE QUESTION OF WHETHER THE CASE SHOULD BE REOPENED IS FOR DETERMINATION BY THE UNITED STATES CIVIL SERVICE COMMISSION WE REFER YOU TO THE OFFICIAL STATEMENT OF THAT AGENCY QUOTED IN OUR LETTER OF SEPTEMBER 7.
B-122257, NOV. 9, 1966
TO MR. FRANCIS E. DORN:
WE HAVE RECEIVED A LETTER DATED OCTOBER 19, 1966, SIGNED FOR YOU BY JOSEPH HAUSMAN, ACKNOWLEDGING RECEIPT OF OUR LETTER OF SEPTEMBER 7, 1966, TO THE HONORABLE JAMES A. BYRNE, HOUSE OF REPRESENTATIVES. YOU AGAIN ASK THAT IN VIEW OF PUB.L. 89-380, THE BACK PAY ACT OF 1966, APPROVED MARCH 30, 1966, THAT WE DIRECT THE REGIONAL DIRECTOR, SECOND CIVIL SERVICE REGION, TO REOPEN THE CASE OF MELVIN E. BEERS FOR CONSIDERATION THEREUNDER.
YOU WILL NOTE FROM THE RECORD, AS WE POINTED OUT IN OUR LETTER OF SEPTEMBER 7, 1966, THAT THE APPOINTMENT OF MR. BEERS WAS SUBJECT TO INVESTIGATION BY THE UNITED STATES CIVIL SERVICE COMMISSION AS TO HIS QUALIFICATIONS AND SUITABILITY FOR EMPLOYMENT. WE HAVE NO JURISDICTION TO DIRECT THE CIVIL SERVICE COMMISSION TO REOPEN MR. BEERS' CASE FOR THE PURPOSE OF BRINGING HIM WITHIN THE PURVIEW OF PUB.L. 89-380.
WHILE THE QUESTION OF WHETHER THE CASE SHOULD BE REOPENED IS FOR DETERMINATION BY THE UNITED STATES CIVIL SERVICE COMMISSION WE REFER YOU TO THE OFFICIAL STATEMENT OF THAT AGENCY QUOTED IN OUR LETTER OF SEPTEMBER 7, 1966, TO THE EFFECT THAT PUB.L. 89-380 CREATED NO NEW APPELLATE RIGHTS AND THAT IT WOULD NOT APPEAR APPROPRIATE TO REOPEN A CASE TO ACCORD TO AN EMPLOYEE THE BENEFITS OF THE NEW ACT.
A COPY OF THIS LETTER HAS BEEN FURNISHED THE HONORABLE JAMES A. BYRNE, HOUSE OF REPRESENTATIVES, FOR HIS INFORMATION IN VIEW OF HIS INTEREST THEREIN.