B-73234, MAY 12, 1948, 27 COMP. GEN. 679

B-73234, MAY 12, 1948, 27 COMP. GEN. 679

APPROPRIATIONS - AVAILABILITY - SALARIES OF PERSONNEL SUPERVISING EMPLOYEE RECREATIONAL PROGRAMS WHILE RECREATIONAL AND ENTERTAINMENT PROGRAMS FOR CIVILIAN EMPLOYEES AT FIELD ACTIVITIES OF THE NAVY DEPARTMENT MAY BE ADMINISTRATIVELY DESIRABLE, THEY HAVE AT MOST ONLY AN INDIRECT BEARING UPON THE PURPOSES FOR WHICH THE DEPARTMENT'S APPROPRIATIONS WERE MADE, AND, IN THE ABSENCE OF A CLEAR LEGISLATIVE EXPRESSION THAT APPROPRIATED FUNDS BE USED IN CONNECTION WITH SUCH PROGRAMS, THE USE THEREOF FOR THE PAYMENT OF SALARIES OF CIVILIAN PERSONNEL--- EITHER ON A FULL TIME OR A PART TIME BASIS--- TO DEVELOP, ORGANIZE, AND SUPERVISE EMPLOYEE RECREATIONAL ACTIVITIES IS NOT AUTHORIZED.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE NAVY, MAY 12, 1948:

THERE HAS BEEN CONSIDERED YOUR LETTER OF JANUARY 27, 1948, REQUESTING DECISION AS TO THE AVAILABILITY OF NAVAL APPROPRIATIONS FOR THE PAYMENT OF SALARIES OF CIVILIAN EMPLOYEES, EITHER ON A FULL-TIME OR A PART-TIME BASIS, TO BE ENGAGED IN DEVELOPING, ORGANIZING, AND SUPERVISING RECREATIONAL PROGRAMS FOR CIVILIAN EMPLOYEES OF THE VARIOUS ACTIVITIES OF THE NAVY DEPARTMENT.

REFERENCE IS MADE TO EXECUTIVE ORDER NO. 9830, FEBRUARY 24, 1947, WHEREIN IT IS STATED, INTER ALIA, THAT "THE HEAD OF EACH AGENCY, IN ACCORDANCE WITH APPLICABLE STATUTES, EXECUTIVE ORDERS, AND RULES, SHALL BE RESPONSIBLE FOR PERSONNEL MANAGEMENT IN HIS AGENCY.' AND, IN THAT CONNECTION, IT IS STATED IN YOUR LETTER AS FOLLOWS:

THE NAVY DEPARTMENT CONSIDERS THAT THE ESTABLISHMENT OF A SOUND INDUSTRIAL RELATIONS PROGRAM FOR ITS EMPLOYEES IS MANDATORY UNDER THE ABOVE EXECUTIVE ORDER. IT ALSO CONSIDERS THAT IN LINE WITH THE MODERN TREND IN INDUSTRIAL RELATIONS, RECREATIONAL PROGRAMS FOR CIVILIAN EMPLOYEES, WHERE THE NEED WARRANTS, IS AN INTEGRAL PART OF SUCH A PROGRAM.

PURSUANT TO THE FOREGOING POLICY, INSTRUCTION 66 OF NAVY CIVILIAN PERSONNEL INSTRUCTIONS OUTLINES A BROAD PROGRAM OF EMPLOYEE SERVICES TO BE ESTABLISHED AT FIELD ACTIVITIES OF THE NAVY AS THE NEEDS OF THE PARTICULAR ACTIVITY MAY WARRANT OR REQUIRE, AND ENDORSES THE POLICY OF FOSTERING AND DEVELOPING SUCH RECREATIONAL PROGRAMS AS ARE NECESSARY FOR EMPLOYEE MORALE AND EFFICIENCY.

DURING THE PAST FEW YEARS THERE HAS BEEN AN INCREASING TREND AMONG PRIVATE EMPLOYERS TO SPONSOR AND DEVELOP RECREATIONAL PROGRAMS FOR THEIR EMPLOYEES BECAUSE SUCH PROGRAMS DEVELOP EMPLOYEE MORALE "COMPANY INTEREST" AND MAKE EASIER THE JOB OF RECRUITING NEW WORKERS. IT IS THE EXPERIENCE OF THE NAVY DEPARTMENT THAT RECREATIONAL PROGRAMS IMPROVE THE MORALE OF FEDERAL WORKERS, REDUCE THE RATE OF TURNOVER, AND ASSIST THE DEPARTMENT IN RECRUITING NEW EMPLOYEES. THE GOOD-FELLOWSHIP WHICH IS DEVELOPED THROUGH RECREATIONAL ACTIVITIES SUCH AS DANCES, PICNICS, BOWLING LEAGUES AND OTHER ATHLETIC CONTESTS, PARTICULARLY IN THOSE AREAS WHERE IT IS ACHIEVED THROUGH GROUP COMPETITION AND PARTICIPATION IN SUCH THINGS AS COMMUNITY RECREATIONAL PROGRAMS, IS HIGHLY VALUABLE. IT UNQUESTIONABLY FOSTERS AMONG EMPLOYEES A STRONG FEELING OF BELONGING TO AND BEING A PART OF THE NAVAL ACTIVITY AT WHICH EMPLOYED. IT IS AXIOMATIC THAT HIS FEELING WILL BE CARRIED OVER INTO THE DAILY WORK SITUATION IN THE FORM OF INCREASED PRODUCTIVE OUTPUT. ACCORDINGLY IT IS MY OPINION THAT THE OFFICIAL FUNCTIONS IMPOSED BY LAW UPON THE NAVY DEPARTMENT BENEFIT DIRECTLY FROM PLANNED RECREATIONAL PROGRAMS. THIS IS TRUE WITH RESPECT TO ALL NAVAL ACTIVITIES, BUT PARTICULARLY SO IN THOSE REMOTE AND OUTLYING FIELD STATIONS, WHERE WHOLESOME RECREATIONAL AND ENTERTAINMENT FACILITIES ARE NOT AVAILABLE OTHERWISE.

IT IS FURTHER POINTED OUT IN YOUR LETTER THAT EXPERIENCE HAS SHOWN THAT UNLESS PERSONNEL ADMINISTRATIVELY BE PROVIDED FOR THE PLANNING AND SUPERVISING OF SUCH RECREATIONAL ACTIVITIES SUCH RESPONSIBILITIES DEVOLVE UPON INDIVIDUAL EMPLOYEES GROUPS WITH THE RESULT THAT THERE IS NO COMPREHENSIVE PROGRAM AND, FROM AN ADMINISTRATIVE VIEWPOINT, THE OVER-ALL BENEFITS NORMALLY ACCRUING FROM SUCH ACTIVITIES LARGELY ARE DISSIPATED.

THE GENERAL RULE RESPECTING THE USE OF APPROPRIATED FUNDS FOR FURNISHING RECREATIONAL AND ENTERTAINMENT FACILITIES TO GOVERNMENT EMPLOYEES IS THAT STATED IN DECISION OF AUGUST 10, 1938, 18 COMP. GEN. 147, WHEREIN IT WAS HELD (QUOTING THE SYLLABUS), AS FOLLOWS:

THE USE OF APPROPRIATED FUNDS FOR THE FURNISHING OF RECREATIONAL AND ENTERTAINMENT FACILITIES FOR GOVERNMENT PERSONNEL IS UNAUTHORIZED IN THE ABSENCE OF SPECIFIC STATUTORY AUTHORITY OR AUTHORITY BY NECESSARY IMPLICATION, NOTWITHSTANDING IT MAY BE HIGHLY DESIRABLE TO FURNISH SUCH FACILITIES BECAUSE OF THE ABSENCE THEREOF OTHERWISE AND THE LOCATION OF THE WORK--- IN THIS CASE, A RIVER AND HARBOR APPROPRIATION PROJECT AT MIDWAY ISLAND. SEE, ALSO, DECISION OF MAY 5, 1945, B-49169, AND OF OCTOBER 14, 1943, B-37344.

THE VIEW IS EXPRESSED IN YOUR LETTER THAT THE HOLDING IN THE REFERRED-TO DECISION IS NOT DETERMINATIVE OF THE PRESENT MATTER SINCE IT INVOLVED THE PROCUREMENT OF RECREATIONAL AND ENTERTAINMENT FACILITIES, WHEREAS THE PROPOSAL HERE ADVANCED IS THE EMPLOYMENT OF PERSONNEL, TO BE PAID FROM APPROPRIATED FUNDS, TO PLAN AND TO ADMINISTER RECREATIONAL AND ENTERTAINMENT PROGRAMS. WHILE FACTUALLY, THE SITUATIONS MENTIONED ARE DISTINGUISHABLE, SO FAR AS CONCERNS THE USE OF APPROPRIATED FUNDS, NO REAL DISTINCTION BETWEEN THEM IS PERCEIVED. THAT IS TO SAY, IN EACH INSTANCE, THERE IS PROPOSED THE USE OF APPROPRIATED FUNDS TO SUSTAIN RECREATIONAL AND ENTERTAINMENT PROGRAMS, EITHER THROUGH THE MEDIUM OF PROVIDING THE EQUIPMENT AND FACILITIES THEREFOR OR THROUGH THE FURNISHING OF PERSONNEL TO SUPERVISE AND ADMINISTER SUCH PROGRAMS.

IT MAY BE STATED AS A GENERAL RULE THAT THE USE OF APPROPRIATED FUNDS FOR OBJECTS NOT SPECIFICALLY SET FORTH IN THE APPROPRIATION ACT BUT HAVING A DIRECT CONNECTION WITH AND ESSENTIAL TO THE CARRYING OUT OF THE PURPOSES FOR WHICH THE FUNDS WERE APPROPRIATED IS AUTHORIZED. HOWEVER, WHILE RECREATIONAL AND ENTERTAINMENT PROGRAMS FOR FEDERAL EMPLOYEES DOUBTLESS MAY BE DESIRABLE IN CERTAIN INSTANCES, SUCH AS REFERRED TO IN YOUR LETTER, IT WOULD SEEM THAT, AT MOST, THEY HAVE AN INDIRECT BEARING UPON THE PURPOSES FOR WHICH THE APPROPRIATIONS WERE MADE. HENCE, IN THE ABSENCE OF A CLEAR EXPRESSION ON THE PART OF THE CONGRESS THAT APPROPRIATED FUNDS BE USED IN CONNECTION WITH RECREATIONAL AND ENTERTAINMENT ACTIVITIES FOR FEDERAL EMPLOYEES, THIS OFFICE WOULD NOT BE WARRANTED IN AUTHORIZING SUCH USE, NOTWITHSTANDING THE ADMINISTRATIVE DETERMINATION OF DESIRABILITY IN THE MATTER. ACCORDINGLY, YOUR QUESTION IS ANSWERED IN THE NEGATIVE.