B-164605, JUL. 2, 1968
Highlights
THE FACTS OF THE CASE ARE RECITED IN YOUR LETTER AS FOLLOWS: "MR. ATTACHED IS COPY OF SF-50. HE WAS TRANSFERRED FROM BOSTON. COPIES OF HIS TRANSFER ORDER AND AGREEMENT ARE ATTACHED. HE WAS TRANSFERRED TO BOSTON. COPIES OF THE TRANSFER ORDER AND AGREEMENT ARE ATTACHED. ATTACHED IS COPY OF REORGANIZATION PLAN NO. 1 OF 1968 WHICH BECAME EFFECTIVE ON APRIL 8. RUDMAN WAS REIMBURSED $509.03 INCIDENT TO HIS FIRST TRANSFER AND $540.32 INCIDENT TO THE SECOND. HE DENIES LIABILITY BECAUSE THE AGREEMENTS WERE WITH THE FORMER BUREAU OF NARCOTICS. RUDMAN'S RESIGNATION WAS NOT FOR REASONS BEYOND HIS CONTROL AND ACCEPTABLE TO THE BUREAU. RUDMAN IS LIABLE TO THE GOVERNMENT FOR THE AMOUNTS ALLOWED HIM FOR RELOCATION EXPENSES INCURRED INCIDENT TO THE TRANSFERS OF STATION AND THAT THE PROVISIONS OF TITLE 3 OF REORGANIZATION PLAN NO. 1 OF 1968.
B-164605, JUL. 2, 1968
TO MR. JAMES K. WILLIAMS:
WE REFER TO YOUR LETTER OF JUNE 13, 1968, WITH ENCLOSURES, IN WHICH YOU ASK OUR OPINION CONCERNING THE INDEBTEDNESS OF MR. WILLIAM N. RUDMAN, A FORMER EMPLOYEE OF THE BUREAU OF NARCOTICS AND DANGEROUS DRUGS (SUCCESSOR TO BUREAU OF NARCOTICS) ARISING FROM BREACH OF TRANSPORTATION AGREEMENTS ENTERED INTO BY HIM AS REQUIRED BY 5 U.S.C. 5724 AND SECTION 1.3C OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966.
THE FACTS OF THE CASE ARE RECITED IN YOUR LETTER AS FOLLOWS:
"MR. WILLIAM N. RUDMAN ENTERED ON DUTY WITH THE BUREAU OF NARCOTICS ON JUNE 26, 1967, AT BOSTON, MASSACHUSETTS. ATTACHED IS COPY OF SF-50, NOTIFICATION OF PERSONNEL ACTION.
"ON OCTOBER 2, 1967, HE WAS TRANSFERRED FROM BOSTON, MASSACHUSETTS, TO NEW YORK, NEW YORK. HE SIGNED AN AGREEMENT ON AUGUST 11, 1967, TO REMAIN IN THE SERVICE OF THE BUREAU OF NARCOTICS FOR 12 MONTHS FOLLOWING THE EFFECTIVE DATE OF THE TRANSFER. COPIES OF HIS TRANSFER ORDER AND AGREEMENT ARE ATTACHED.
"ON JANUARY 15, 1968, HE WAS TRANSFERRED TO BOSTON, MASSACHUSETTS, FROM NEW YORK, NEW YORK. ON DECEMBER 26, 1967, HE SIGNED AN AGREEMENT TO REMAIN IN THE SERVICE OF THE BUREAU OF NARCOTICS FOR 12 MONTHS FOLLOWING THE EFFECTIVE DATE OF THE TRANSFER. COPIES OF THE TRANSFER ORDER AND AGREEMENT ARE ATTACHED.
"THE PRESIDENT OF THE UNITED STATES ISSUED REORGANIZATION PLAN NO. 1 OF 1968, ON FEBRUARY 7, 1968, WHICH PROPOSED THE TRANSFER OF THE BUREAU OF NARCOTICS FROM THE UNITED STATES TREASURY DEPARTMENT, AND THE TRANSFER OF THE BUREAU OF DRUG ABUSE CONTROL FROM THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, AND THE ORGANIZATION OF THESE BUREAUS INTO THE BUREAU OF NARCOTICS AND DANGEROUS DRUGS WITHIN THE UNITED STATES DEPARTMENT OF JUSTICE. ATTACHED IS COPY OF REORGANIZATION PLAN NO. 1 OF 1968 WHICH BECAME EFFECTIVE ON APRIL 8, 1968.
"MR. RUDMAN SUBMITTED HIS RESIGNATION FROM THE BUREAU OF NARCOTICS AND DANGEROUS DRUGS EFFECTIVE MAY 31, 1968. HE ACCEPTED A POSITION AS PROBATION OFFICER WITH THE UNITED STATES COURTS IN BOSTON, MASSACHUSETTS.'
IT APPEARS FROM THE FILE TRANSMITTED WITH YOUR LETTER THAT MR. RUDMAN WAS REIMBURSED $509.03 INCIDENT TO HIS FIRST TRANSFER AND $540.32 INCIDENT TO THE SECOND, A TOTAL OF $1,049.35. HE DENIES LIABILITY BECAUSE THE AGREEMENTS WERE WITH THE FORMER BUREAU OF NARCOTICS, DEPARTMENT OF THE TREASURY.
WE UNDERSTAND FROM THE RECORD THAT THE BUREAU HAS DETERMINED THAT MR. RUDMAN'S RESIGNATION WAS NOT FOR REASONS BEYOND HIS CONTROL AND ACCEPTABLE TO THE BUREAU. IN THE LIGHT OF THAT APPARENT DETERMINATION IT WOULD APPEAR THAT MR. RUDMAN IS LIABLE TO THE GOVERNMENT FOR THE AMOUNTS ALLOWED HIM FOR RELOCATION EXPENSES INCURRED INCIDENT TO THE TRANSFERS OF STATION AND THAT THE PROVISIONS OF TITLE 3 OF REORGANIZATION PLAN NO. 1 OF 1968, AFFORD NO SOUND LEGAL BASIS FOR NONCOMPLIANCE WITH HIS AGREEMENTS. COMPARE, GENERALLY, B-162159, AUGUST 23, 1967, COPY HEREWITH.
THEREFORE, STEPS SHOULD BE INITIATED TO COLLECT THE AMOUNT UNDER THE FEDERAL CLAIMS COLLECTION ACT OF 1966, PUBLIC LAW 89-508, 31 U.S.C. 951, ET SEQ., AS IMPLEMENTED BY THE JOINT REGULATIONS OF THE ATTORNEY GENERAL AND THE COMPTROLLER GENERAL.