Request for Concurrence of the Comptroller General in a Proposed Department of Justice Order Entitled "Administrative Leave for Law Enforcement Employees while Undergoing Investigation Based upon an Allegation of Misconduct"

The Department of Justice requested the Comptroller General provide concurrence to an order entitled "Administrative Leave for Law Enforcement Employees While Undergoing Investigation Based Upon an Allegation of Misconduct." The order would permit law enforcement employees to be placed on "administrative leave"--non-duty status with pay and without charge to annual or other paid leave for as long as 45 calendar days when it is necessary to investigate allegations of misconduct against them, provided (1) there is insufficient evidence to warrant initiation of adverse actions against Tobe,such as suspensions or removals, and (2) other alternatives, such as temporarily assigning them to different duties, are not feasible.

GAO determined that the matter was one for resolution by the Congress and declined to concur with the proposed order.