Luevano v. Campbell

GAO responded to the Department of Justice's proposed consent decree in which GAO is a member of the defendant class. GAO states that the proposed decree is incorrect in that it assumes that GAO continues to be under the jurisdiction of the Office of Personnel Management (OPM) and the Equal Employment Opportunity Commission (EEOC) in personnel management matters. Under the GAO Personnel Act of 1980, GAO operates under its own personnel management system which is not subject to regulation or oversight by OPM, EEOC, or any other executive branch agency. GAO concern with the decree is limited to the fact that it requires GAO to report to OPM and assumes that GAO is still under the jurisdiction of OPM and EEOC. GAO foresees no other problem in complying with the decree. GAO agrees with the suggestion that a separate memorandum of understanding with the plaintiffs be obtained which recognizes the GAO independent status. This would avoid the necessity of revising the language of the decree, while still preserving the independence Congress sought to insure with the passage of the GAO Personnel Act. The proposed memorandum of understanding is intended to make clear that GAO is not bound by any OPM or EEOC regulations referred to in the decree. The memorandum of understanding would give GAO the right to report data required in the provisions of the consent decree directly to the Department of Justice or the plaintiffs, rather than to OPM, if it is deemed appropriate in view of GAO's independent status. It is the intent of GAO that the decree be satisfactorily resolved with the plaintiffs before the court gives its final approval.