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B-186857 1 (1978-02-09)

handle is hein.gao/gaobadfpo0001 and id is 1 raw text is: I Abel tope:s THU COMPTNOLLER CENEWjAL DECISION . V .S O THE UNITWE STATWU WAMHINGTON. D.C. VO0 40 DATE: Ntbnary 9, 178 IMATTER OF: Attorney's fee. in traffic ofiense eases Fuads appropriated to the Bureau of Alcohol, Tobacco and Ftrearms may not be used to pay attorney's fees of one of its inspectors charged with reckless diving. Attorney's fees and other expenses incurred by the employee in de- iesfrg himself against traffic 'offense comitted by him (as well as fines, driving points nnd other penaltiea which the court might impoue) while in the performabce of, but not as part of, his official duties, are personal to the mployec and payment thereof is his personal re- sponsibility. See 31 Comp. Gen. 246 (1952). This. iv in respons to atreqtst for an advance decision by the Fiscal Officer, Bureau or Alcohol, Tobacco and Fireams (ATF) of the Department of the Tisasury as to whether ATF has the authority to re- Imburse an employee for legal fees incurred for representation by private counsel in Pane, Puerto Rico. On February 3, 1976, Mr. Luis A. Irizarry, an AT? employee, was involved in an automobile accident while on official business. He was drlving a: Govetnment vehicle for the ',purpose of investigating an application for a permit as a wholesale liquor dealer. Both he ard the other driver were cited for.a violation of the local traffic code. He appeared aefore a jutge who sifned the charges prepared by the police officer and was told to appear at the District Court of Ponce on March 11, 1976, for trial. He was advised that he was requfred to have counsel present at the trial. As an ATP c..sployee, Mr. Irizarry was governed by paragraph 46J of ATF Order 2002.1 (may 61, 1975), which provides in part: As,a plei of guilty in traffic court may be introduced in evidence in a civil action it is in- perative that all ATF employees obtain legal counsel if they are cited for a traffic violation while in the performance of official business resulting in au accident, before entering such a plea in court. t * *In no case should an ATF employee plead guilty -1 - AL i I GGM DIGEST: FILE: 3-186857

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