B-127721, JUN. 4, 1956

B-127721: Jun 4, 1956

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WILLISTON WAS EMPLOYED FROM 1936 TO 1955 AS A PART-TIME CLINIC PHYSICIAN WITH THE DEPARTMENT OF PUBLIC HEALTH. THIS LETTER WAS INCORPORATED BY REFERENCE TO A FORM 57 EXECUTED BY DR. A FEDERAL BUREAU OF INVESTIGATION INQUIRY CONDUCTED IN HIS CASE IN 1953 PRODUCED EVIDENCE OF COMMUNIST PARTY MEMBERSHIP AND REVEALED THAT HE MAY HAVE BEEN A MEMBER OF THE COMMUNIST PARTY AS RECENTLY AS 1949. INVESTIGATION ALSO INDICATED HE WAS A MEMBER OF SEVERAL OTHER ORGANIZATIONS SYMPATHETIC TO THE COMMUNIST CAUSE FROM THE LATE 1930'S OR EARLY 1940'S TO APPROXIMATELY FEBRUARY 1952. THE CIVIL SERVICE COMMISSION WAS UNABLE TO LOCATE ANY AFFIDAVIT OR EMPLOYMENT APPLICATION SIGNED BY DR. OR WHO IS A MEMBER OF AN ORGANIZATION THAT ADVOCATES.

B-127721, JUN. 4, 1956

TO HONORABLE ROBERT E. MCLAUGHLIN, PRESIDENT, BOARD OF COMMISSIONERS OF THE DISTRICT OF OLUMBIA:

THE CIVIL SERVICE COMMISSION HAS BROUGHT TO OUR ATTENTION THE CASE OF DR. THOMAS A. WILLISTON, A FORMER EMPLOYEE OF THE DEPARTMENT OF PUBLIC HEALTH OF THE DISTRICT OF COLUMBIA GOVERNMENT PRESENTLY RECEIVING RETIREMENT BENEFITS, WHO HAS ADMITTED MEMBERSHIP IN THE COMMUNIST PARTY DURING A PERIOD OF SUCH EMPLOYMENT.

DR. WILLISTON WAS EMPLOYED FROM 1936 TO 1955 AS A PART-TIME CLINIC PHYSICIAN WITH THE DEPARTMENT OF PUBLIC HEALTH, DISTRICT OF COLUMBIA. A LETTER DATED NOVEMBER 1, 1954, TO THE ASSISTANT CORPORATION COUNSEL FOR THE DISTRICT OF COLUMBIA GOVERNMENT, DR. WILLISTON STATED HE JOINED THE COMMUNIST PARTY "APPROXIMATELY 1942" AND THAT HE "LEFT THE COMMUNIST PARTY ABOUT 46.' THIS LETTER WAS INCORPORATED BY REFERENCE TO A FORM 57 EXECUTED BY DR. WILLISTON ON NOVEMBER 19, 1954, AND FILED WITH THE DISTRICT OF COLUMBIA IN CONNECTION WITH HIS APPLICATION FOR RETIREMENT BENEFITS. A FEDERAL BUREAU OF INVESTIGATION INQUIRY CONDUCTED IN HIS CASE IN 1953 PRODUCED EVIDENCE OF COMMUNIST PARTY MEMBERSHIP AND REVEALED THAT HE MAY HAVE BEEN A MEMBER OF THE COMMUNIST PARTY AS RECENTLY AS 1949. THE F.B.I. INVESTIGATION ALSO INDICATED HE WAS A MEMBER OF SEVERAL OTHER ORGANIZATIONS SYMPATHETIC TO THE COMMUNIST CAUSE FROM THE LATE 1930'S OR EARLY 1940'S TO APPROXIMATELY FEBRUARY 1952. THE CIVIL SERVICE COMMISSION WAS UNABLE TO LOCATE ANY AFFIDAVIT OR EMPLOYMENT APPLICATION SIGNED BY DR. WILLISTON WHICH COULD BE USED TO SUBSTANTIATE A DENIAL OF RETIREMENT BENEFITS UNDER SECTION 2/B) OF THE ACT OF SEPTEMBER 1, 1954, 68 STAT. 1143.

SECTION 10 OF THE DISTRICT OF COLUMBIA APPROPRIATION ACT, 1942, 55 STAT. 540, PROVIDED THAT "NO PART OF ANY APPROPRIATION CONTAINED IN THIS ACT SHALL BE USED TO PAY THE SALARY OR WAGES OF ANY PERSON WHO ADVOCATES, OR WHO IS A MEMBER OF AN ORGANIZATION THAT ADVOCATES, THE OVERTHROW OF THE GOVERNMENT OF THE UNITED STATES BY FORCE OR VIOLENCE" AND SIMILAR PROVISIONS HAVE APPEARED IN THE DISTRICT OF COLUMBIA APPROPRIATION ACTS FOR SUBSEQUENT YEARS.

AS THE COMMUNIST PARTY HAS BEEN DETERMINED BY THE ATTORNEY GENERAL TO BE AN ORGANIZATION THAT ADVOCATES THE OVERTHROW OF THE GOVERNMENT OF THE UNITED STATES BY FORCE AND VIOLENCE, IT FOLLOWS THAT FUNDS SO APPROPRIATED PROPERLY COULD NOT BE USED FOR THE PAYMENT OF DR. WILLISTON'S SALARY WHILE HE WAS A MEMBER OF THE COMMUNIST PARTY AND HAVING BEEN SO USED MUST BE REFUNDED.

CONSEQUENTLY, IN VIEW OF DR. WILLISTON'S EXPLICIT ADMISSION OF COMMUNIST PARTY MEMBERSHIP DURING THE YEARS 1942, 1943, 1944, 1945, AND 1946, HE SHOULD BE REQUIRED TO REFUND TO THE DISTRICT OF COLUMBIA ALL SALARY PAID HIM FOR THE PERIOD JANUARY 1, 1942, THROUGH DECEMBER 31, 1946.

THE FOREGOING INDEBTEDNESS IS BROUGHT TO YOUR ATTENTION FOR APPROPRIATE COLLECTION ACTION.

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