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B-219232 1 (1986-09-26)

handle is hein.gao/gaobadmmf0001 and id is 1 raw text is:                                                                      All

           The Comptroller General
           of the United States
           Washington, D.C. 20548
4Decision




           Matter of: Fort Monroe - Administrative Leave - Snow
                     Emergency
                     B-219232

           Date:      September 26, 1986



           DIGEST

           1. Where, because of exigent circumstances it becomes
           necessary to provide for the tardy arrival of a significant
           number of employees at a given federal installation,
           administrative leave as to those employees reporting late may
           be authorized. Unless the installation is properly closed,
           those employees who had previously scheduled either annual or
           sick leave and those employees who chose not to report for
           duty as a result of the exigent circumstance, may not be
           authorized administrative leave.

           2. Fort Eustis, Virginia, and Fort Monroe, Virginia,
           experienced heavy snowfall resulting in a large number of
           employees reporting late for duty on January 21, 1985.
           The Commanders at both installations originally authorized
           up to 2 hours of administrative leave for employees reporting
           late. Several days thereafter, the Commander of Fort Monroe
           retroactively declared Fort Monroe to have been closed for
           2 hours on the date in question, resulting in a 6 hour
           workday. The decision whether to close a federal installa-
           tion is committed to agency discretion, but in this case the
           decision of the Fort Monroe Commander to retroactively close
           the fort for 2 hours on the day in question was an abuse of
           agency discretion. Therefore, his decision was not effective
           to alter the leave status of employees who did not report to
           the installation on January 21.


           DECI SION

           This action is in response to a request for an advance
           decision from the Finance and Accounting Officer, U.S. Army
           Transportation Center, Fort Eustis, Virginia, dated June 20,
           1985. The request raises the question of the proper
           charge to leave for civilian employees at Fort Monroe for
           January 21, 1985, when the area was struck by a severe snow
           storm. For the reasons set forth below, we hold that the
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