About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-192875 1 (1980-01-15)

handle is hein.gao/gaobadhwz0001 and id is 1 raw text is: -o pTHE COMPTROLLER GENERAL DECISIONl OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-192875 DATE: January 15, 1980 MATTER OF: Reimbursement by Federal agencies for services of Civil Service Commission complaints examiners DIGEST: Reimbursement to Civil Service Commission for services of complaints examiners assigned to conduct discrimination complaint hearings for other Federal agencies was a pro- per transfer of those agencies' funds pursuant to the Economy Act,31 U.S.C. § 686, since it was a necessary expense of agency where the complaint arose to provide an impartial agency-level hearing on all formal discrim- ination complaints. CSC had no statutory duty to provide examiners and did not receive appropriations for the pur- pose of doing so. Assuming that circumstances are essen- tially unchanged, same conclusion applies to providing of examiners to agencies on reimbursable basis by Equal Em- ployment Opportunity Commission, successor to these CSC functions. TheAssistant Secretary (Administration), Department of the Treas- ury (Treasury) has requested the opinion of this Office on whether payment by the requesting agency for the services of complaints exam- iners employed by the Federal Employee Appeals Authority (FEAA)an (- arm of the Civil Service Commission (CSC), was an illegal augmentation oC of CSC's appropriations. We requested and have now received a report 9 from CSC (now the Office of Personnel Management (OPM)). Based on this information and our review of the matter, it is our conclusion that reimbursement to CSC for the services of complaints examiners was a legal transfer of agency funds. By statute, Executive Order, and CSC regulations, each agency of the Federal government was re- quired to hold an impartial hearing on all formal discrimination complaints. Therefore, it is our view that the cost of providing a qualified hearing examiner was a necessary expense of the agency con- ducting the hearing, for which its appropriations were available. Before continuing, it is important to.note that the Equal Employ-v ment Opportunity Commission (EEOC) now oversees the equal employment opportunity functions which had been the responsibility of the CSC under the Civil Rights Act of 1964, as amended, and Executive Order 11478. When the CSC ceased existence on January 1, 1979, many of its functions were transferred to OPM and the Merit Systems Protection Board (MSPB). However, the equal employment enforcement functions within the Federal government, which had been assigned to the CSC (42 U.S.C. §§ 2000e-16(b) and (c)), were transferred to the Equal

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most