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B-241744 1 (1991-05-31)

handle is hein.gao/gaobadsdf0001 and id is 1 raw text is: 




O            United States
      GO     General Accounting Office
             Washington, D.C. 2054

             OffIce of the General Counsel

             B-241744

             May 31, 1991


             E. M. Keeling
             Director of Accounting
             Federal Aviation Administration
             U.S. Department of Transportation
             800 Independence Avenue, S.W.
             Washington, D.C. 20591

             Dear Mr. Keeling:

             This is in response to your letter of October 1, 1990,
             requesting our opinion as to the proper disposition of funds
             in your custody that belonged to a now inactive FAA employee
             club.

             According to your letter, the Federal Aviation Club (Club) was
             established in the early 1960's as a non-profit organization
             to promote the welfare of, and goodfellowship among, Federal
             Aviation Administration (FAA) employees. During the mid-
             1980's Club activities declined; the Club currently has no
             active members and has, effectively, ceased operations. Your
             staff has been unable to locate any documentation reflecting
             the creation of the Club, e.g., charter or bylaws, or its
             dissolution.

             In 1990 the FAA Office of the Inspector General (OIG) received
             a hotline complaint alleging that the Club's internal controls
             over funds received were inadequate. A subsequent OIG audit
             concluded that controls were indeed inadequate but that no
             funds were mismanaged or diverted. During the course of the
             audit, the OIG discovered a bank account in the Club's name
             with the local credit union. The account balance is $10,000
             consisting mainly of revenues received from Guest Services,
             Incorporated (GSI). GSI operates a beauty parlor and barber
             shop at the FAA headquarters building (Federal Building 10-A)
             which is operated by the General Services Administration
             (GSA).1/ A purported letter agreement, dated June 17, 1965,


             1/ Your letter seems to question the absence of any provision
             for the payment of any rent or concession fees by GSI in the
             GSA-GSI contract. GSI's current contract was entered into on
             July 21, 1971. It does not have an expiration date but can be
             cancelled by either party on 196 days notice. Our Office has
             stated that such an agreement is not unlawful, improper or
             contrary to public policy. See generally LCD-78-316, May 5,
             1978; See also 64 Comp. Gen. 217,220 (1985).

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