Legal Briefs: House hunting hassle

When the Fish and Wildlife Service transferred Carol A. Tyson from Klamath Falls, Ore. to Ventura County, Calif., Tyson called ahead and made an offer on a home, site unseen. But before finalizing the purchase, she wanted to visit the area and check out other homes. Her boss approved a house hunting trip, for which employees can legally be reimbursed. During her trip, Tyson looked at six other houses before settling on the first home she had made an offer on.

But when Tyson filed her claim for $875.38 in travel expenses, the agency's approving officer denied her reimbursement. The officer said reimbursement wasn't permitted because the trip was not technically a house hunting trip; she had chosen a house beforehand.

This week, the General Services Board of Contract Appeals ruled in favor of Tyson. Although agencies cannot reimburse employees for trips undertaken solely for signing a settlement, the board found that Tyson was on a true house hunting trip because she had not made a final decision to settle beforehand.

Lesson: Until an employee who's being transferred makes a final decision on a new house, let them look around.

In the Matter of Carol A. Tyson, General Services Board of Contract Appeals, Case No. 14921-RELO, April 21, 1999

FCC Chiefs to Surf from Home

The United States Code prohibits using appropriated funds to install telephone lines in private residences or to pay private homes' telephone service charges. But Comptroller General David M. Walker has decided that the commissioners of the Federal Communications Commission can be excluded from this rule.

Walker is allowing the FCC to install dedicated Integrated Services Digital Network (ISDN) lines, which allow for high-speed Internet connections, into commissioners' homes. According to Walker, FCC's proposal falls within a recognized exception to the law, which was designed to prevent government officials from getting free phone service under the guise of work.

The FCC made a strong case for providing high-speed Internet service to its five presidentially-appointed commissioners, who are required to be on duty 24 hours a day. Frequent travel and heavy workloads, the agency said, prevent commissioners from getting all of their work done during normal business hours. The FCC said the lines will only allow data transmission and will be configured so that they cannot be used to support traditional telephone service. Finally, the FCC promised to ensure the lines are secured with data encryption.

There's no word from FCC yet on how many ISDN lines will be installed and at what cost.

Lesson: Work around the clock and you, too, could get free Internet service.

Matter of Federal Communications Commission-Installation of Integrated Services Digital Network Lines, Comptroller General decision, File B-280698, January 12, 1999.

Conflict-of-Interest Minefield

Former State Department employee Matthew E. A. Lorin pleaded guilty this week to a misdemeanor conflict-of-interest charge, the Justice Department announced. In 1998, Lorin was a special coordinator for the State Department's initiative to remove land mines around the world.

On a retainer agreement, Lorin was paid $20,000 in 1998 by a joint venture involved in developing a theme park in Israel and Jordan. The site of the proposed park, Grand Oasis, would require extensive demining. Lorin tried to get the State Department to support the theme park development, even after the department's ethics advisor informed him that he was prohibited by conflict-of-interest laws from doing so.

In his plea agreement with the Justice Department, Lorin has agreed to pay a fine of $20,000.

Lesson: When you're a government employee, it's best not to mine your own business on the job.

United States v. Matthew E. A. Lorin, Plea Agreement, April 19, 1999

Vets' Preference: Strike Three, You're Out $100,000

Samuel J. Lambert filed a complaint with the Office of Special Counsel against the Defense Department in 1996 after he was denied a GS-14 position at the Office of the Secretary of Defense. The Secretary's office was guilty of three personnel violations, the special counsel found. Strike one: After Lambert refused a request to waive his veterans' preference rights, the office promptly canceled the vacancy notice for which he had applied. Strike two: The office hired the applicant it wanted as a temporary employee. Strike three: The applicant hired was still an active military official, a violation of DoD regulations. Under the terms of a settlement with Lambert, however, the Secretary's office has been exonerated of any blame or wrongdoing.

Lambert probably doesn't mind. He starts work next month in the Secretary's office as a GS-14 telecommunication specialist and will receive approximately $100,000 in back pay and interest.

Lesson: Keep your eye on the veterans' preference ball, or you'll wind up on the injured reserve list.

Samuel J. Lambert vs. DOD, OSC settlement, April 15, 1999.