B-154308, NOV. 8, 1967

B-154308, NOV. 8, 1967

EMPLOYEES - REMOVALS, SUSPENSIONS - DISPOSITION OF AMOUNTS DUE DECISION TO CERTIFYING OFFICER CONCERNING DISPOSITION OF AMOUNTS DUE EMPLOYEE SEPARATED FOR CAUSE FROM AMERICAN BATTLE MONUMENTS COMMISSION. AN AMOUNT OF $1,090 WHICH WAS WITHHELD WHEN OVERSEAS EMPLOYEE WAS REMOVED FOR CAUSE REPRESENTING COST OF TRANSPORTING EFFECTS TO U.S. WHICH AMOUNT WAS WITHHELD BECAUSE EMPLOYEE CONTINUED TO OCCUPY GOVERNMENT QUARTERS MAY BE DISPOSED OF BY DEPOSITING AMOUNT FOR FAIR RENTAL FOR GOVERNMENT QUARTERS TO MISCELLANEOUS RECEIPTS. THE REMAINDER SHOULD BE FORWARDED BY REGISTERED MAIL, RETURN RECEIPT REQUESTED TO EMPLOYEE TO HIS LAST KNOWN ADDRESS. IF CHECK IS RETURNED UNDELIVERED FOLLOW PROCEDURES IN 7 GAO 6050.

TO MR. VAGN G. CALLEN:

THIS IS IN REPLY TO YOUR LETTER OF SEPTEMBER 25, 1967, REGARDING THE DISPOSITION OF THE SUM OF $2,123.16 WHICH HAS BEEN OBLIGATED AND MAINTAINED IN SUSPENSE AS BEING DUE MR. MARC V. M. STEMPHER WHO WAS SEPARATED FOR CAUSE ON JUNE 30, 1964, FROM A POSITION WITH THE AMERICAN BATTLE MONUMENTS COMMISSION IN PARIS, FRANCE. THE MONEY WHICH INCLUDES $1,090 FOR TRANSPORTING MR. STEMPHER'S EFFECTS TO THE UNITED STATES WAS WITHHELD BECAUSE OF MR. STEMPHER'S OCCUPATION OF GOVERNMENT QUARTERS WITHOUT AUTHORITY FOR SEVEN MONTHS FOLLOWING HIS REMOVAL. YOU INDICATE THAT A FAIR APPRAISAL PLACES THE RENTAL VALUE OF THE QUARTERS FOR THE SEVEN-MONTH PERIOD FROM JUNE 30, 1964, TO JANUARY 30, 1965, AT $857.14.

SINCE THIS SUM REPRESENTS AN OBLIGATION DUE THE UNITED STATES BY AN EMPLOYEE REMOVED FOR CAUSE IT IS REQUIRED TO BE WITHHELD. SEE OUR DECISION OF AUGUST 21, 1964, B-154308, TO YOU. ALSO, SEE THE PROVISIONS OF 5 U.S.C. 5511. IN THE ABSENCE OF SPECIAL AUTHORITY BY CONGRESS TO CREDIT PRESENT COMMISSION APPROPRIATIONS THE SUM OF $857.14 SHOULD BE DEPOSITED IN THE TREASURY AS MISCELLANEOUS RECEIPTS.

IN VIEW OF THE FACT THAT MR. STEMPHER HAS RECEIPTED FOR A REGISTERED LETTER RECENTLY IT APPEARS THAT HIS WHEREABOUTS ARE NOT UNKNOWN. UNDER SUCH CIRCUMSTANCES YOU COULD, AFTER MAKING APPROPRIATE REDUCTIONS, MAIL HIM A CHECK FOR THE REMAINING SUM DUE HIM AT HIS LAST KNOWN PLACE OF ADDRESS BY REGISTERED MAIL WITH RETURN RECEIPT REQUESTED ALONG WITH A LETTER EXPLAINING THE SETOFF AND THE FINAL PAYMENT. WE ARE ASSUMING, OF COURSE, THAT MR. STEMPHER'S EFFECTS WERE TRANSPORTED TO THE UNITED STATES AND THE $1,090 REPRESENTS THE EXPENSES SO INCURRED. IN THE EVENT THE LETTER CONTAINING THE CHECK SHOULD BE RETURNED AS UNDELIVERED THE PROCEDURES IN 7 GAO 6050 (POLICIES AND PROCEDURES MANUAL) SHOULD BE APPLIED. IF YOU CONSIDER IT IS NOT APPROPRIATE TO MAIL HIM A CHECK THEN THE NET SUM DUE SHOULD BE TRANSFERRED INTO AN APPROPRIATION ACCOUNT OF THE AGENCY RESPONSIBLE FOR THE LIQUIDATION OF OBLIGATIONS AS PROVIDED IN 31 U.S.C. 701 (A) (1).