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B-197109 1 (1980-03-24)

handle is hein.gao/gaobabjsf0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE 4 ~AWASHINGTON, D.C. 20548 IN REPLY OFFICE OF GENERAL COUNSEL REFER TO: B-197109 March 24, 1980 Mr. John A. Hurley Assistant Commissioner r- oiD Commissioner of Customs Washington, D.C. 20229 Dear Mr. Hurley: This is in response to your letter (yo.ur reference FIS-5-02-A:A:O _), forwarding Mr. William M. VanLandingham'sbrequest for waiver of 4'claimj asserted against him in the amount of $2,063.76. This amount consists of $1,139.60 paid to him in overtime compensation, and $924.16 paid to other customs inspectors for overtime. Mr. VanLandingham was advised by the Re- gional Commissioner of Customs, Houston, that he was indebted to the Cus- toms Service because these overtime payments were overpayments, and that he could request waiver of this claim, apparently under the provisions of 5 U.S.C. § 5584 and its implementing regulations, allowing waivers of claims for erroneous payments of pay to employees under certain conditions. The amount due was determined as a result of an audit conducted by the Customs Service Office of Internal Affairs. In the Audit Report No. 77-VI-4, dated February 10, 1977, the Office of Internal Affairs charged that: customs personnel have been overpaid $2,063;76 since July 1, 1975, for reimbursable overtime services because inspectors were not held available for an eight hour period after start of the first assign- ment on Sundays and holidays, as required by Customs regulations. Mr. VanLandingham, in his capacity as Port Director, was responsible for scheduling overtime assignments in accor- dance with the regulations and limitations applicable. After a formal in- vestigation, action was taken to reassign Mr. VanLandingham from Port Director, Freeport, Texas, to Customs Inspector, El Paso, Texas, in addition to a sus- pension not to exceed thirty days. On review of the record, we find no basis for a claim against Mr. Van- Landingham. The Customs Service should terminate collection action in this matter. First, the overtime in question was performed on a reimbursable basis (19 U.S.C. §§ 261, 267); the United States has evidently been paid by the importers or others who benefited from the overtime assignments. There is thus no loss or out-of-pocket expense on which to base a claim. 6' 2< 27

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