A-82845, AUGUST 11, 1937, 17 COMP. GEN. 132

A-82845, AUGUST 11, 1937, 17 COMP. GEN. 132

BRIDGES - TOLLS - OFFICIAL BUSINESS - SAN FRANCISCO-OAKLAND BAY BRIDGE - REIMBURSEMENT PROCEDURE FOR PAYMENTS FROM PERSONAL FUNDS GOVERNMENT DISBURSING OFFICERS MAY REIMBURSE EMPLOYEES FOR TOLLS PAID FOR PASSAGE OVER THE SAN FRANCISCO-OAKLAND BAY BRIDGE WHERE REIMBURSEMENT VOUCHER IS SUPPORTED BY AN ADMINISTRATIVE STATEMENT THAT CHARGES WERE INCURRED ON OFFICIAL BUSINESS, AND BY RECEIPTS SHOWING THAT TOLLS WERE PAID UNDER PROTEST. 16 COMP. GEN. 977, AMPLIFIED.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF COMMERCE, AUGUST 11, 1937:

I HAVE YOUR LETTER OF AUGUST 4, 1937, AS FOLLOWS:

PLEASE REFER TO DECISION NO. A-82845, DATED FEBRUARY 4, 1937, RELATING TO THE PAYMENT OF TOLLS IN CONNECTION WITH MOVEMENTS OF GOVERNMENT VEHICLES AND PERSONNEL ACROSS THE SAN FRANCISCO-OAKLAND BAY BRIDGE ON GOVERNMENT BUSINESS TO "POINTS WHICH MAY BE REACHED VIA SAID BRIDGE.'

A COPY OF THIS DECISION WAS TRANSMITTED TO THE OFFICES OF THE BUREAU OF AIR COMMERCE IN THE VICINITY OF THE BRIDGE REFERRED TO. THAT BUREAU IS NOW IN RECEIPT OF THE FOLLOWING COMMUNICATION FROM ITS AIR LINE INSPECTOR AT OAKLAND, CALIFORNIA, DATED APRIL 8, 1937, AS FOLLOWS:

"REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 15, 1937, WITH ATTACHED MEMORANDUM FROM COMPTROLLER GENERAL'S OFFICE, RELATIVE TOLL CHARGES COVERING THE MOVEMENTS OF GOVERNMENT VEHICLES OVER THE SAN FRANCISCO- OAKLAND BAY BRIDGE.

"SEVERAL DAYS AGO ONE OF THE INSPECTORS FROM THIS OFFICE ATTEMPTED TO CROSS THE BRIDGE WITH AN OFFICIAL CAR ON THE PREMISE OF THIS MEMORANDUM BUT WAS REFUSED PASSAGE UNTIL THE USUAL TOLL CHARGE OF FIFTY CENTS WAS PAID.

"THIS BRIDGE AFFORDS THE CHEAPEST, FASTEST, AND MOST CONVENIENT METHOD OF CROSSING THE BAY. HOWEVER, THUS FAR, TOLL CHARGES INCURRED ON OFFICIAL TRAVEL ACROSS THIS BRIDGE AND SUBMITTED IN OUR EXPENSE ACCOUNTS HAVE BEEN SUSPENDED BY YOUR OFFICE.

"DUE TO THE FACT TRAVEL BETWEEN OAKLAND AND SAN FRANCISCO IS FREQUENTLY NECESSARY, IT APPEARS SOME ARRANGEMENTS SHOULD BE MADE TO EITHER AFFORD GOVERNMENT PERSONNEL FREE PASSAGE OR REIMBURSEMENT OF TOLL CHARGES. THE EVENT SUCH ARRANGEMENTS CANNOT BE COMPLETED,IT APPEARS OUR ONLY ALTERNATIVE IS TO CROSS THE BAY BY ONE OF THE OTHER BRIDGES LOCATED FURTHER SOUTH, OR BY DRIVING AROUND VIA SUNNYVALE. SUCH TRAVEL WILL INCUR A GREAT DEAL MORE TIME AND AS A MINIMUM WILL INVOLVE A POSSIBLE 100 MILES DRIVING FOR THE TRIP.

"EARLY COMMENT TO THIS MATTER WILL BE APPRECIATED.'

THE USE OF THIS BRIDGE GREATLY FACILITATES THE WORK OF THE EMPLOYEES OF THE DEPARTMENT OF COMMERCE WHOSE OFFICIAL DUTIES REQUIRE THEM TO CROSS IT IN GOVERNMENT VEHICLES. THE CALIFORNIA BRIDGE AUTHORITY DOES NOT RECOGNIZE THE COMPTROLLER GENERAL'S DECISION THAT GOVERNMENT VEHICLES AND GOVERNMENT EMPLOYEES ARE ENTITLED TO FREE PASSAGE ACROSS THE BRIDGE.

THERE WAS A RECENT CONFERENCE IN WASHINGTON OF THE REPRESENTATIVES OF THE ARMY, NAVY, COMMERCE, AND JUSTICE DEPARTMENTS IN THE DEPARTMENT OF JUSTICE AT WHICH CONFERENCE MR. DINKELSPIEL, OF COUNSEL FOR THE BRIDGE AUTHORITIES, AGREED TO SUBMIT THE INFORMAL SUGGESTIONS OF ALL PRESENT TO THE BRIDGE AUTHORITIES FOR THEIR APPROVAL. HE HAS SINCE NOTIFIED THE DEPARTMENT OF JUSTICE THAT EXCEPT FOR THE EXTENSION OF FREE TOLLS TO MAIL TRUCKS, TROOPS, AND MUNITIONS OF WAR, THE CALIFORNIA AUTHORITIES DID NOT DESIRE TO CHANGE THEIR ORIGINAL POSITION ON THE MATTER.

THE RIGHTS OF THE GOVERNMENT PERSONNEL IN THIS CASE HAVE BEEN REFERRED TO THE U.S. ATTORNEY AT SAN FRANCISCO WHO IS AT PRESENT NEGOTIATING WITH THE CALIFORNIA BRIDGE AUTHORITY FOR A POSSIBLE ADJUSTMENT.

IN THE MEANTIME, IT IS UNREASONABLE TO REQUIRE SUCH GOVERNMENT EMPLOYEES AS ARE REQUIRED TO UTILIZE THIS BRIDGE TO PAY THE TOLL CHARGES FROM THEIR PERSONAL FUNDS AND IT IS REQUESTED THAT YOU INFORM THE DEPARTMENT WHETHER IT MAY ADVISE ITS EMPLOYEES OF THE PENDING NEGOTIATIONS AND THAT THE PAYMENT OF THE TOLL CHARGES WILL BE REIMBURSED PENDING THE COMPLETION OF THE NEGOTIATIONS BY THE U.S. ATTORNEY.

IT IS UNDERSTOOD THAT THE SAN FRANCISCO-OAKLAND FERRIES ARE CONTINUING TO OPERATE ACROSS THE BAY. PLEASE ALSO STATE IF YOU REFUSE TO AUTHORIZE THE PAYMENT OF THE BRIDGE TOLL CHARGES, WHETHER YOU WOULD AUTHORIZE THE PAYMENT OF FERRY TOLLS IF SUCH MEANS OF TRANSPORTATION IS USED ON OFFICIAL BUSINESS.

EARLY CONSIDERATION OF THIS CASE WILL BE APPRECIATED IN ORDER THAT THE EMPLOYEES OF THE DEPARTMENT OF COMMERCE MAY BE APPROPRIATELY INFORMED AS TO WHETHER THEY MAY EXPECT REIMBURSEMENT FOR TRAVEL NECESSARILY PERFORMED OVER THIS BRIDGE.

THERE IS INCLOSED FOR YOUR INFORMATION A COPY OF MY DECISION OF MAY 5, 1937, 16 COMP. GEN. 977, RELATIVE TO THE PAYMENT OF TOLL CHARGES FOR USE OF THE SAN FRANCISCO-OAKLAND BAY BRIDGE BY GOVERNMENT PERSONNEL ON OFFICIAL BUSINESS, WHEREIN IT WAS SAID:

* * * IF ANY EMPLOYEES ARE ACTUALLY COMPELLED TO MAKE PAYMENTS FROM THEIR PERSONAL FUNDS FOR PASSAGE OVER THE BRIDGE ON OFFICIAL BUSINESS, RECEIPTS SHOULD BE TAKEN SHOWING SUCH PAYMENTS WERE MADE UNDER PROTEST AND SUCH RECEIPTS SHOULD BE SUBMITTED TO THIS OFFICE WITH PROPER ADMINISTRATIVE REPORTS IN SUPPORT OF ANY CLAIMS FOR REIMBURSEMENT.

IT MAY BE FURTHER STATED IN THIS CONNECTION, IN VIEW OF THE CIRCUMSTANCES RELATED IN YOUR LETTER, THAT EMPLOYEES WHO MAY BE COMPELLED TO PAY TOLLS FROM THEIR PERSONAL FUNDS FOR PASSAGE OVER THE BRIDGE ON OFFICIAL BUSINESS MAY BE REIMBURSED BY GOVERNMENT DISBURSING OFFICERS, IF PAYMENT IS OTHERWISE CORRECT AND PROPER, WHERE THE REIMBURSEMENT VOUCHER IS SUPPORTED BY AN ADMINISTRATIVE STATEMENT SHOWING THE CHARGES WERE INCURRED ON OFFICIAL BUSINESS, AND BY RECEIPTS TAKEN BY THE EMPLOYEES SHOWING THAT THE TOLL PAYMENTS WERE MADE UNDER PROTEST.