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When an employee of the Health and Human Services Department returned from a four-year assignment in New Delhi, India, he and his family spent several months cramped in a two-bedroom apartment while looking for a permanent home.

The department agreed to reimburse the employee, Charles Gardner, for temporary housing during his first 60 days back in the United States. After returning from India, Gardner, his wife and his two children spent a few weeks in a hotel and then moved into the small apartment to save money.

To rent the apartment, Gardner needed to sign a 14-month lease. He reasoned that he would break the lease as soon as his family found a permanent home, but that it would be much cheaper to live in the apartment than it would be to remain in the hotel for the two months allowed by HHS. He estimated that he saved the department approximately $3,000 by renting the apartment.

But when Gardner asked HHS to reimburse him for his living expenses over the first two months following his return to the United States, the department refused, claiming that the offer was only good for temporary housing. Since Gardner signed a 14-month lease on the apartment, he did not intend to live there temporarily, the department argued.

Gardner challenged that logic before the Board of Contract Appeals. "If anyone cares to visit our little two-bedroom apartment (one bedroom of which is used as a home office), now with four occupants, you will see immediately that it cannot be a permanent residence," he told the board.

"I have acted in good faith - even tried to save the government money," Gardner added. As further evidence that he did not plan on staying in the apartment long, Gardner also noted that he stored about half of his family's belongings rather than unpacking them.

The board ruled in Gardner's favor on Sept. 8, explaining that the Code of Federal Regulations does not include a precise definition of "temporary" living quarters, but allows agencies to make a decision based on the each individual situation. Under Title 41, 302-6.1, agencies are supposed to consider such factors as the type of accommodation and whether the employee has fully unpacked, when determining eligibility for temporary housing reimbursement.

"Despite the 14-month lease, we are persuaded that [Gardner] intended the apartment to be only a temporary residence until he could find suitable permanent quarters," the board ruled.

Charles A Gardner v. Department of Health and Human Services, General Services Administration Board of Contract Appeals (16089-RELO), Sept. 8, 2003

No Soliciting

A Defense Department senior executive who is running for a seat in the House of Representatives should be fired, the Office of Special Counsel said last week.

Andre Hollis, Defense's deputy assistant secretary for counternarcotics, violated the 1887 Hatch Act by entering the race to represent Virginia's 8th Congressional District, soliciting political contributions and using his federal position to gather support, according to OSC. Hollis is running for the seat currently held by Rep. James Moran, D-Va.

The Hatch Act restricts the political activities of federal employees and some state and local workers who deal with federally funded programs. Agencies can fire workers who violate the act, or can place them on a 30-day suspension.

Hollis allegedly sent an e-mail soliciting funds for his campaign and Friends of the 8th, a Republican group. He also approved a campaign letter written by Friends of the 8th, OSC claimed. That letter allegedly mentioned his position at the Defense Department.

On Sept. 25, OSC announced that it had asked the Merit Systems Protection Board to discipline Hollis by removing him from his position, which is a political appointment. In addition to violating the Hatch Act, Hollis lied to OSC investigators by telling them he had "no association" with Friends of the 8th "while his own e-mail messages proved otherwise," OSC claimed.

Office of Special Counsel case, Sept. 25, 2003

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