B-159334, OCT. 11, 1966
Highlights
WHICH MIGHT PROPERLY HAVE BEEN THE SUBJECT OF FURTHER COMMENT. YOU SAY THAT ERRONEOUS ADVICE WAS GIVEN TO YOU BY THE PERSONNEL STAFF OF THE TRUST TERRITORY CONCERNING YOUR CONTEMPLATED CHANGE TO THE FEDERAL AVIATION AGENCY. WE UNDERSTAND THAT YOU ARE REFERRING TO YOUR VIEW THAT THOSE OFFICERS INFORMED YOU THAT YOU MIGHT RESIGN FROM YOUR TRUST TERRITORY POSITION WITHOUT ADVERSELY AFFECTING THE RIGHTS YOU MIGHT HAVE HAD UNDER A TRANSFER. IT IS CLEAR THAT THE BREAK IN SERVICE BY RESIGNATION TERMINATED YOUR RIGHT TO CREDIT THE PERIOD OF TIME SERVED WITH THE TRUST TERRITORY TOWARD THE REQUIRED 24 MONTHS OF CONTINUOUS SERVICE. WERE ACTING BEYOND THE SCOPE OF THEIR AUTHORITY IN ADVISING YOU TO THE CONTRARY.
B-159334, OCT. 11, 1966
TO MR. MARK J. MOTIS:
YOUR LETTER OF AUGUST 15, 1966, REFERS TO CERTAIN ASPECTS OF OUR DECISION OF JULY 29, 1966, B-159334, TO YOU, WHICH MIGHT PROPERLY HAVE BEEN THE SUBJECT OF FURTHER COMMENT.
YOU SAY THAT ERRONEOUS ADVICE WAS GIVEN TO YOU BY THE PERSONNEL STAFF OF THE TRUST TERRITORY CONCERNING YOUR CONTEMPLATED CHANGE TO THE FEDERAL AVIATION AGENCY. SPECIFICALLY, WE UNDERSTAND THAT YOU ARE REFERRING TO YOUR VIEW THAT THOSE OFFICERS INFORMED YOU THAT YOU MIGHT RESIGN FROM YOUR TRUST TERRITORY POSITION WITHOUT ADVERSELY AFFECTING THE RIGHTS YOU MIGHT HAVE HAD UNDER A TRANSFER.
IN THE LIGHT OF THE TERMS OF THE STATUTE, AND SECTION 630.606/A) OF THE CIVIL SERVICE COMMISSION'S REGULATION, QUOTED ON PAGE 3 OF OUR DECISION OF JULY 29 TO YOU, IT IS CLEAR THAT THE BREAK IN SERVICE BY RESIGNATION TERMINATED YOUR RIGHT TO CREDIT THE PERIOD OF TIME SERVED WITH THE TRUST TERRITORY TOWARD THE REQUIRED 24 MONTHS OF CONTINUOUS SERVICE. CONSEQUENTLY, SUCH PERSONNEL OFFICERS, KNOWINGLY OTHERWISE, WERE ACTING BEYOND THE SCOPE OF THEIR AUTHORITY IN ADVISING YOU TO THE CONTRARY. SINCE THE GOVERNMENT OF THE UNITED STATES MUST ACT THROUGH ITS OFFICERS AND EMPLOYEES AS ITS AGENTS, IT IS LONG ESTABLISHED LAW THAT THE GOVERNMENT MAY NOT BE OBLIGATED BY UNAUTHORIZED COMMITMENTS OF ITS AGENTS. THUS, WHILE WE FULLY APPRECIATE YOUR VIEWS WE ARE NOT EMPOWERED TO RESTORE YOUR LOST SERVICE CREDIT OR TO ALLOW DAMAGES FOR ITS LOSS.
OUR STATEMENT IN OUR DECISION THAT YOU RESIGNED "SEEMINGLY FOR PERSONAL REASONS" STEMMED FROM COMMENT IN YOUR LETTER OF JANUARY 15, 1965, TO MR. STEPHEN SOUZA, WHICH READS IN PART AS FOLLOWS:
"WHY DIDN-T I ASK TO BE PLACED ON ANNUAL LEAVE BEFORE I LEFT PONAPE, ONE MIGHT ASK. THIS WOULD HAVE AVOIDED ALL THIS DIFFICULTY. THE REASONS ARE MANY AND OBVIOUS, BUT:
"1. A LUMP SUM PAYMENT WAS ADVANTAGEOUS FINANCIALLY;
"2. I HAD ONLY RECEIVED TWO TELEGRAMS (NO OTHER CORRESPONDENCE) FROM FAA, HONOLULU, ASKING IF I WERE INTERESTED IN TEACHING ON WAKE--- HARDLY ANYTHING TO RELY ON;
"3. I WAS UNDER THE IMPRESSION THAT A TRANSFER COULD BE ARRANGED.'
HOWEVER, ASSUMING THAT YOUR SOLE REASON FOR RESIGNING WAS THE ERRONEOUS ADVICE OF THE PERSONNEL OFFICERS, WE STILL ARE WITHOUT AUTHORITY TO GRANT THE RELIEF SOUGHT.
A COPY OF THIS LETTER IS BEING SENT TO THE HONORABLE MILTON R. YOUNG, UNITED STATES SENATE, WHO INQUIRED REGARDING YOUR LETTER OF AUGUST 15, 1966.