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B-192643 1 (1979-07-06)

handle is hein.gao/gaobadhjk0001 and id is 1 raw text is: ~01,AER r 0 - THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WA/ASHINGTON O.C . 205 4 FILE: B-192643 DATE: July 6, 1979 MATTER OF: Gloria Milliner--Backpay and restoration of leave for period of suspension DIGEST: Employee's claim for backpay and restora- tion of leave for period of suspension after her arrest on criminal charges by civil authorities is denied, notwith- standing subsequent dismissal of criminal charges, since there has been no finding by appropriate authority that suspension was unjustified or unwarranted. Miss Gloria Milliner through her attorney, Stanley H. Miller, Esq., requests reconsideration of our Claims Division settlement of July 14, 1978, which denied her claim for backpay and restoration of leave incident to a period of suspension from her employment by the Department of Health, Education, and Welfare (HEW), Social Security Administration (SSA). The denial of her claim is sus- tained since neither SSA nor the Federal Employee Appeal Authority (FEAA) of Civil Service Commission (CSC) now Office of Personnel Management has determined her suspen- sion to be unjustified or unwarranted. The record indicates that Miss Milliner, an SSA employee, was given notice on May 5, 1976, of a proposed indefinite suspension pending investigation of her alleged misconduct after her arrest on certain criminal charges in Baltimore on April 27, 1976. She was placed on indefinite suspension from duty and pay status effec- tive May 10, 1976, and notified of her right of appeal of the suspension action to the FEAA. We are unware of any appeal to her suspension. Her suspension remained in effect from May 10, through September 10, 1976, the period for which she claims backpay and leave restoration. She was returned to duty after the criminal charges in Baltimore City were dismissed. Certain charges were still pending in Baltimore County; however, SSA determined that this did not warrant continuation of the suspension.

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