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B-230338.2 1 (1989-06-02)

handle is hein.gao/gaobadnln0001 and id is 1 raw text is: oThe Comptroller General of the United States Washington, D.C. 20548 Decision Reconsideration of Jennifer L. Johnson - Breach of Service Aqreement Matter of: File: B-230338.2 Date: June 2, 1989 DIGEST Upon reconsideration we affirm our prior decision that an employee, who transferred to a new duty station but failed to complete her 12-month service agreement, must repay the relocation expenses she was reimbursed. The service agreement is required by statute in order to authorize the payment of relocation expenses, and the agency was not arbitrary or capricious in demanding repayment. DECISION In this decision we reconsider our decision in Jennifer L. Johnson, B-230338, June 21, 1988, in which we held that an employee was obligated to repay the government the amount expended for her relocation expenses. For the reasons set forth below, we sustain our prior decision. BACKGROUND The facts, which are fully explained in our prior decision, are, briefly stated, that Ms. Jennifer L. Johnson was transferred by the Department of Agriculture from Sioux Falls, South Dakota, to Des Moines, Iowa, effective April 4, 1985. In connection with the agency authorizing her relocation expenses for this transfer, she signed an agreement to remain in government service for a period of 12 months following the effective date of her transfer unless she was separated for reasons beyond her control and acceptable to the agency. Ms. Johnson resigned on February 7, 1986, after completing only 10 months of service at her new duty station, and the agency demanded repayment of her relocation expenses. We held in our decision in Johnson, supra, that we would not overturn the determination of the agency as to whether the

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