Merit Promotion Transfer

The U.S. Commission on Civil Rights requested that GAO reconsider a previous decision involving the payment of relocation expenses to one of its employees. The employee was employed by a different agency and applied for the new position as a result of a posted vacancy announcement. He was informed before he took the position that there would be no reimbursement for moving expenses. The employee accepted the position, moved to the new geographical location, and then filed a claim for reimbursement of the relocation expenses. In the original decision, GAO held that, when an agency issues an announcement of an opening under a merit promotion program, such an action is a recruitment action. Transfer under these programs are considered to be in the Government's interest and, therefore, expenses involved are reimbursable. GAO held that the fact that the employee had been advised that no payment would be made was not relevant. Further, the Commission did not have regulations on this subject, and the job vacancy announcement was unrestricted as to reimbursement, contained no limitations on geographic areas of consideration, and did not differentiate between Commission employees and others as to entitlements. Accordingly, the original decision was sustained. GAO noted that this decision did not preclude agencies from issuing regulations covering each type of relocation or stating conditions and factors to be considered in determining whether a transfer is in the interest of the Government.