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B-234793.2 1 (1989-06-05)

handle is hein.gao/gaobadnlv0001 and id is 1 raw text is: N The Comptroller General S of the United States Zc Wau-intlnl, D.C. 2054 Decision Matter of: Securities and Exchange Commission - Payment of Special Master's Fees and Expenses from Judgment Fund File: B-234793.2 Date: June 5, 1989 DIGEST 31 U.S.C. § 1304, the Judgment Fund, is not available to pay fees and expenses of a Special Master appointed by a district court pursuant to a joint settlement agreement between the plaintiff and the Securities and Exchange Commission to review the Commission's equal employment opportunity policies and recommend improvements. The court order directing payment to the Special Master implements the joint settlement under which the Commission agreed to hire an equal opportunity expert. The fees and expenses are properly payable from the Commission's appropriations. DECISION The question in this case is whether the fees and expenses of the Special Master appointed by the court in Broderick v. Ruder, Civil Action No. 86-1834 (D.D.C. Jan. 23, 1989), should be paid from 31 U.S.C. § 1304, the Judgment Fund, or whether they should be paid from appropriations available to the Securities and Exchange Commission, the defendant agency in the civil action.l/ Since the Special Master was appointed specifically to implement the joint settlement agreement in the Broderick case, which provided that the Commission would hire an equal opportunity expert, we conclude that the expenses are properly payable from the Commission's appropriations. BACKGROUND In the court-approved joint settlement of the Broderick case, filed on June 16, 1988, the Securities and Exchange Commission agreed, besides several other items of relief to 1/ This matter was submitted by the Associate General Counsel of the Securities and Exchange Commission.

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