B-164605, FEB 14, 1972

B-164605: Feb 14, 1972

Additional Materials:

Contact:

Shirley Jones
(202) 512-8156
jonessa@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

BLEDSOE: THIS IS IN REFERENCE TO YOUR LETTER OF DECEMBER 17. RUDMAN WAS LIABLE TO THE GOVERNMENT FOR THE AMOUNT OF $1. THOSE EXPENSES WERE INCURRED INCIDENT TO MR. WAS DECIDED BY THE COURT OF CLAIMS ON JULY 15. THE COURT HELD THAT THE AGREEMENT BINDS THE EMPLOYEE ONLY TO SERVICE IN THE GOVERNMENT WITHOUT REGARD TO THE AGENCY OR AGENCIES IN WHICH SERVICE IS PERFORMED FOR THE 12-MONTH PERIOD AFTER TRANSFER. HAVE FOLLOWED THE DECISION OF THE COURT OF CLAIMS.

B-164605, FEB 14, 1972

CIVILIAN EMPLOYEE - RELOCATION INDEBTEDNESS - SERVICE AGREEMENT DECISION ALLOWING CANCELLATION OF THE INDEBTEDNESS OF WILLIAM N. RUDMAN FOR RELOCATION EXPENSES INCIDENT TO HIS OFFICIAL TRANSFER AS AN EMPLOYEE OF THE BUREAU OF NARCOTICS AND DANGEROUS DRUGS. THE SERVICE AGREEMENT REQUIRED BY SUBSECTION 5724(I) OF TITLE 5, U.S. CODE, ONLY BINDS AN EMPLOYEE TO GENERAL GOVERNMENT SERVICE WITHOUT REGARD TO THE DIFFERENT AGENCIES IN WHICH THE SERVICE MAY BE PERFORMED. FINN V UNITED STATES, 428 F. 2D 828; B-171238, DECEMBER 8, 1970. ACCORDINGLY, THE INDEBTEDNESS NEED NOT BE COLLECTED.

TO MISS JUNET M. BLEDSOE:

THIS IS IN REFERENCE TO YOUR LETTER OF DECEMBER 17, 1971, REQUESTING RECONSIDERATION OF OUR DECISION B-164605 DATED JULY 2, 1968, IN WHICH WE HELD THAT MR. WILLIAM N. RUDMAN WAS LIABLE TO THE GOVERNMENT FOR THE AMOUNT OF $1,049.35 REIMBURSED TO HIM FOR RELOCATION EXPENSES. THOSE EXPENSES WERE INCURRED INCIDENT TO MR. RUDMAN'S TRANSFERS, AS AN EMPLOYEE OF THE BUREAU OF NARCOTICS AND DANGEROUS DRUGS, FROM BOSTON, MASSACHUSETTS, TO NEW YORK, NEW YORK, ON OCTOBER 2, 1967, AND FROM NEW YORK TO BOSTON ON JANUARY 15, 1968. WE HELD THAT HIS INDEBTEDNESS AROSE FROM BREACH OF THE SERVICE AGREEMENT REQUIRED BY SUBSECTION 5724(I) OF TITLE 5, U.S.C. AND IMPLEMENTING REGULATIONS WHICH OCCURRED WHEN HE LEFT THE BUREAU ON MAY 31, 1968, TO ACCEPT A POSITION AS A FEDERAL PROBATION OFFICER WITH THE UNITED STATES COURT IN BOSTON, MASSACHUSETTS.

AS YOUR LETTER STATES, THE CASE OF FINN V UNITED STATES, 428 F. 2D 828, WAS DECIDED BY THE COURT OF CLAIMS ON JULY 15, 1970. THAT DECISION HELD THAT THE WRITTEN AGREEMENT REQUIRED BY SUBSECTION 5724(I) DOES NOT REQUIRE THAT AN EMPLOYEE SERVE FOR 12 MONTHS IN THE SAME ORGANIZATIONAL UNIT OF THE GOVERNMENT WITH WHICH HE SIGNS THE AGREEMENT. RATHER, THE COURT HELD THAT THE AGREEMENT BINDS THE EMPLOYEE ONLY TO SERVICE IN THE GOVERNMENT WITHOUT REGARD TO THE AGENCY OR AGENCIES IN WHICH SERVICE IS PERFORMED FOR THE 12-MONTH PERIOD AFTER TRANSFER.

OUR DECISIONS, INCLUDING B-171238, DECEMBER 8, 1970, WHICH YOU CITE, HAVE FOLLOWED THE DECISION OF THE COURT OF CLAIMS. SEE B-170839, NOVEMBER 20, 1970, AND B-170922, NOVEMBER 20, 1970 (50 COMP. GEN. 374), COPIES ENCLOSED.

ACCORDINGLY, AND ASSUMING NO BREAK IN SERVICE INTERVENED BETWEEN MR. RUDMAN'S EMPLOYMENT BY THE BUREAU AND BY THE COURT (SEE B-172742, JULY 20, 1971, COPY ENCLOSED), THE INDEBTEDNESS NEED NOT BE COLLECTED.

Oct 26, 2020

Oct 23, 2020

Oct 22, 2020

Oct 20, 2020

Oct 16, 2020

Looking for more? Browse all our products here