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B-231813 1 (1989-08-22)

handle is hein.gao/gaobadnnw0001 and id is 1 raw text is: The Comptroller General of the United States Wahington, D.C. 20548 Decision Matterof- Marilyn L. Scarbrough - Attorney Fees - Backpay File: B-231813 Date: August 22, 1989 DIGEST 1. A civilian employee of the United States Coast Guard filed a grievance contesting her annual performance rating. The final agency decision upgraded the employee's perfor- mance rating and granted her request for attorney fees. Before attorney fees may be paid, the agency must determine that the employee's rating was affected by an unjustified or unwarranted personnel action as required by the Back Pay Act, as amended, 5 U.S.C. S 5596 (1982), and that the award of attorney fees would be in the interest of justice as required by the governing regulations under the Act. The case is remanded to the Coast Guard to make the necessary determinations. 2. An employee claims reimbursement for her attorney's photocopying costs as part of an award of attorney fees under the Back Pay Act. The courts have specifically denied reimbursement for photocopying expenses under the Act, since such taxable costs are excluded from the concept of attorney fees. 3. An employee seeks payment of an interest charge she incurred on a loan secured to pay her attorney for services in connection with a grievance contesting her annual performance rating. We know of no authority which would permit reimbursement of the interest charge. DECISION The Chief of the United States Coast Guard, Civilian Per- sonnel Policy and Programs Division, requested that our Office issue a decision regarding the agency's authority under the Back Pay Act, as amended, 5 U.S.C. S 5596 (1982), to pay for attorney fees incurred by an employee who suc- cessfully contested an annual performance rating. For the reasons stated below, we remand the case to the Coast Guard to determine whether there was an unjustified or unwarranted

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