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B-210244 1 (1983-07-13)

handle is hein.gao/gaobadlex0001 and id is 1 raw text is: 


DECISION





FILE:  B-210244


MATTER


DIGEST:


                             C?. 7A-
THI COMPTROLLER GENERAL
OF THE UNITED STATES
WASHINGTON. D.C. 20548



      DATE: July 13, 1983


OF: Peter J. Dispenzirie - Temporary Duty vs.
      Permanent Change of Station

 The assignment of a Customs Service employee
 to a new duty station for 2 years under a
 rotational staffing program is held to be a
 permanent change of station rather than a
 temporary duty assignment. We have held that
 the duration of an assignment and the nature
 of the assigned duties are the vital elements
 in the determination of whether an assignment
 is temporary duty or permanent change of
 station. Although the assignment here is for
 a definite time period and further reassignment
 of the employee is contemplated, the duration
 of the assignment is far in excess of that nor-
 mally contemplated as temporary. Moreover,
 the duties assigned are not those usually
 associated with temporary duty.


     On May 12, 1982, the United States Customs Service
initiated a rotational staffing program for certain of its
Senior Executive Service (SES) employees, the stated
purpose of which was to increase the number of opportuni-
ties for those employees to gain experience in various
Customs positions and to enhance Customs' policy-making
process. Assignments in the rotational staffing program
are made for a 2-year period, although they are reviewed
at the end of 1 year and may be canceled at that time.
The Commissioner of Customs has requested our decision as
to whether one of these assignments should be considered
temporary duty or a permanent change of station. We con-
clude that the assignment in question is a permanent
change of station. The basis for this conclusion is set
forth below.

     A directive implementing the rotational staffing pro-
gram was issued on August 23, 1982. It sets forth pro-
cedures for the selection of participants and contains
statements on the financial impact and ceiling implica-
tions of the program. The directive provides that at
the beginning of each fiscal year, each Regional Com-
missioner and Assistant Commissioner is to compile a list
of potential positions to be filled under this policy.
When a position becomes vacant the Commissioner of Customs


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