The Agency will maintain the quarters, and the facility manager, or designated representative shall have free access to the premises and common areas anytime of the day. The facility manager, or designated representative must give the occupant 10 days prior notice for the purpose of examining an employee’s personal space (bedroom) or to make repairs or alterations. Except for emergency situations that may require immediate access. Any damage to the premises resulting from neglect of the occupant, except reasonable wear and tear, be repaired by occupant in accordance with No. 4 above. Any repairs so occasioned may be made by the Agency and the cost to same to be reimbursed by occupant by cash payment or payroll deduction or cash collection within 14 days. As Government liability under the Military Personnel and Civilian Employees Claims Act, or the Tort Claims Act is limited, the tenant should consider carrying renter’s insurance. A. THE FOREST SERVICE AGREES: To provide a well-maintained facility, assuring reasonable, safe, and secure accommodations. The Forest Service will provide beds, basic cleaning supplies, and toilet paper. To support a participatory self-government of the barracks community under the leadership of the Barracks Manager and agrees to give reasonable consideration to requests from the barracks occupants. To respect the residents right to be secure in their person and effects, but reserves the right to make inspections and searches in accordance with Article 29 of the Master Agreement. To provide information concerning regulations, restrictions, and employee benefits. To provide reasonable security for personal property in the event the barracks facility is used by other employees or cooperators in an emergency situation. Two weeks’ notice will be given to a resident when barrack space becomes unavailable and they must move out. B. THE RESIDENT AGREES: To respect individual rights of other members of the barracks community. To share with the other members of the barracks community the responsibility of maintaining the facilities to standards set by the Unit in consultation with residents. To give reasonable care to facilities provided and assume financial responsibility for damages than normal wear and tear. To abide by state laws and county ordinances, while on Forest Service premises.
F. SUPPLEMENTAL INFORMATION __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ I HAVE READ, UNDERSTAND, AND AGREE TO THE ABOVE TERMS OF RESIDENCY. _____________________________ ________________ RESIDENT Date ____________________________ ________________ UNIT REPRESENTATIVE Date APPENDIX A (continued) IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA NATIONAL FEDERATION OF ) FEDERAL EMPLOYEES, et al., ) ) Plaintiffs, ) ) ) Action No. ) ) 88-3505 (JGP) ) CLAYTON YEUTTER, et al., ) ) Defendants. ) ) STIPULATION OF SETTLEMENT IT IS HEREBY STIPULATED AND AGREED by and among the parties, through their respective undersigned counsel, that Clayton Yeutter shall be substituted by Richard E. Ling as defendant, pursuant to Fed. R. Civ. P. 25(d) (1); IT IS FURTHER STIPULATED AND AGREED that each of the parties, while making no concession as to the merits of the claims and defenses asserted, agrees that the abovementioned action shall be dismissed without prejudice;
IT IS FURTHER STIPULATED AND AGREED as follows: Forest Service officials, or persons acting on their behalf, may not search the persons of Forest Service employees for drugs without a search warrant, unless the employee consents to the search or there exist other circumstances which constitute a judicially recognized exception to the warrant requirements; Forest Service officials, or persons acting on their behalf, may not search for drugs in the government–owned, single-family dwellings or in government-owned, multiple-bedroom dwellings, in those areas that are used exclusively for residential purposes by Forest Service employees, without a search warrant unless a valid consent to search the area is given or there exist other circumstances which constitute a judicially recognized exception to the warrant requirements; Forest Service officials, or persons acting on their behalf, may use, in accordance with judicial precedents, dogs trained to detect the presence of drugs to sniff workplace areas, the exteriors of travel packs used by Forest Service employees and the exteriors of private automobiles parked on Forest Service property, without a search warrant, probable cause or individualized suspicion. If the dog behaves in a manner which indicates that it has detected drugs in a travel pack or automobile, the pack or automobile may not be opened and searched without a search warrant, unless a valid consent is given or there exist other circumstances which constitute a judicially recognized exception to the warrant requirement; Consent to a search exists where the employee has freely and voluntarily consented. Defendants will instruct those Forest Service officials responsible for conducting searches to inform employees when consent to search is requested that the employee has the prerogative to decline to give consent without adverse consequences. Where possible, the consent should be obtained in writing and should indicate that the employee has not been coerced or threatened into granting consent; IT IS FURTHER STIPULATED AND AGREED that the Forest Service may continue to conduct, in compliance with existing and procedures, inspections of and visits to government-owned, employee-occupied residential facilities for purposes of repair, maintenance, health and checks, and the like; IT IS FURTHER STIPULATED AND AGREED that each party shall bear its own costs connected with this litigation. Dated: 3/10/89 For Plaintiffs: /s/ H. Stephan Gordon H. STEPHAN GORDON General Counsel, National Federation of Federal Employees /s/ Alice L. Bodley ALICE L. BODLEY Deputy General Counsel /s/ Jeffrey Sumberg JEFFREY SUMBERG Staff Attorney