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Advancement of Dr. Burns' Legal Expenses

Dr. John M Burns, Curator, Department of Entomology, has been involved in a criminal investigation of other parties who allegedly collected and imported Mexican butterflies into this country without proper permits. Dr. Burns acquired, as gifts to the National Collections, some of the specimens that were alleged to have been illegally imported. They were gifts from an amateur lepidopterist who had acquired the butterfly specimens from the individual who collected them in Mexico. Both of those individuals subsequently were investigated. Dr. Burns engaged counsel after he was subpoenaed and it appeared that he was a subject of the investigation. His legal fees are being advanced by the institution because the investigation concerns specimens that were acquired by Dr. Burns for the National Collections. He continues to require expert criminal counsel with whom he can consult during the course of the ongoing Federal investigation. Dr. Burns' legal expenses have not been substantial, and at present are not expected to increase materially.

Request for Indemnification of Mr. George Day 

A request has been received to indemnify Mr. George Day, head of the National Zoological Park's Office of Police and Communications, for legal expenses he has incurred for representation in an investigation by the Office of Special Counsel (OSP). The OSP investigation was initiated following allegations by an NZP employee that Mr. Day engaged in personnel practices prohibited by statute. Prior to his interview by OSP, Mr. Day notified the Secretary of his intention to obtain private counsel to advise him during the investigation. Smithsonian staff counsel could not advise Mr. Day because of the possibility that the Institution's interest in the investigation would become adverse to the interest of Mr. Day. He was advised by the Secretary that if he was "successful" at the conclusion of the investigation, he could apply for indemnification of his legal expenses. In such an investigation an individual is "successful," within the terms of the Regents' Revised Indemnification Resolution, if the matter is concluded such that there are no follow-on proceedings against the individual. Mr. Day selected and engaged his own attorney who represented Mr. Day during the interview by the OSP investigator and generally assisted Mr. Day during the investigation, for a total fee of under $3,500. OSP has concluded its investigation and determined that it will not take any further action with respect to Mr. Day. His request for legal expense reimbursement has been submitted to the Secretary, who will seek the concurrence of the Chairman of the Regents' Executive Committee with his determination.

LEGISLATIVE ACTIONS AND ISSUES
Resolutions providing for the reappointment of Homer Alfred Neal to a second term as citizen Regent were introduced on February 24 by Congressman Mineta, for himself and Congressmen Johnson and Livingston, and on March 20 by Senator Moynihan, for himself and Senators Cochran and Simpson. H.J.Res.69 and S.J.Res.30 were referred to the Committees on House Oversight and Rules and Administration, respectively.