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B-257893 1 (1995-06-01)

handle is hein.gao/gaobacwrf0001 and id is 1 raw text is: United States General Accounting Office Washington, D.C. 20548 Office of the General Counsel B-257893 June 1, 1995 Ms. Trudy Huskamp Peterson Acting Archivist of the United States National Archives Dear Ms. Peterson: By letter dated June 30, 1994, you asked that we relieve Mr. David Millane, certifying officer of the National Archives and Records Administration (NARA), of liability for certifying an unauthorized payment. For the reasons discussed below, we grant relief. Background In December 1992, NARA entered into a settlement agreement with Mr. Lawrence Oberg, its former Inspector General (IG). The agreement stemmed from a proposal by NARA to remove Mr. Oberg from his position as IG. NARA had concluded that he violated the Inspector General Act of 1978, Pub. L. No. 95-452, 92 Stat. 1101, as amended by Pub. L. No. 100-504, 102 Stat. 2515 (1988). NARA settled this matter through negotiations with Mr. Oberg's attorney. Under the terms of the settlement agreement, Mr. Oberg agreed to accept a one-grade reduction in salary and removal from the IG position, and NARA agreed to pay his attorney fees in the amount of $10,833. On March 2, 1993, Mr. Millane certified the $10,833 payment in attorney fees. We subsequently held that NARA does not have authority to pay an employee's attorney fees for negotiating such a settlement with the agency. B-253507, Jan. 11, 1994. A certifying officer is responsible for repaying improper, incorrect, or illegal payments that he or she certified. 31 U.S.C. § 3528(a)(4). The certifying officer is jointly and severally liable, along with the person or persons who benefited from the payment, to the United States for the amount of the loss incurred as a result of the illegal, improper, or incorrect payment. 67 Comp. Gen. 457, 464 (1988); B-239592, Aug. 23, 1991. As required, NARA examined the possibility of collecting this claim from Mr. Oberg. 4 C.F.R. § 102.1(a). NARA decided to terminate 92861

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