B-168614, JAN. 14, 1970

B-168614, JAN. 14, 1970

CIVIL PAY--TRANSFERS--HOUSE HUNTING TRIPS DECISION TO CERTIFYING OFFICER OF FOREST SERVICE, DEPARTMENT OF AGRICULTURE, HOLDING THAT VOUCHER FOR COST OF HOUSE-HUNTING TRIP OF EMPLOYEE TRANSFERRED FROM MINNESOTA TO ILLINOIS MAY NOT BE CERTIFIED FOR PAYMENT. IN ABSENCE OF A PRIOR AUTHORIZATION, EXPENSE OF AN EMPLOYEE FOR A HOUSE- HUNTING TRIP WHICH WAS PERFORMED BETWEEN JUNE 15 AND 20, 1969, BUT WAS NOT REQUESTED NOR AUTHORIZED UNTIL AFTER THE TRIP BEGAN, MAY NOT BE REIMBURSED. THE FACT THAT A TIMELY TRAVEL AUTHORIZATION MAY HAVE RESULTED FROM ADMINISTRATIVE CONFUSION THAT FACT DOES NOT ESTABLISH EXISTENCE OF ADMINISTRATIVE ERROR TO JUSTIFY APPROVAL OF VOUCHER FOR CERTIFICATION WHEN NO PROPER AUTHORIZATION HAS BEEN GRANTED.

TO MR. T. C. ROBINSON:

WE REFER TO YOUR LETTER OF NOVEMBER 18, 1969, YOUR REFERENCE 6540, REQUESTING ADVICE AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT A TRAVEL VOUCHER TRANSMITTED THEREWITH IN FAVOR OF MR. LAWRENCE C. HENK, AN EMPLOYEE OF THE DEPARTMENT OF AGRICULTURE, FOREST SERVICE, FOR REIMBURSEMENT IN THE GROSS AMOUNT OF $181.84 COVERING A HOUSE HUNTING TRIP BY THE EMPLOYEE AND HIS WIFE INCIDENT TO A TRANSFER OF OFFICIAL STATION OF THE EMPLOYEE FROM LYDICK LAKE CCC, CASS LAKE, MINNESOTA, TO GOLCONDA CCC, GOLCONDA, ILLINOIS.

YOUR LETTER POINTS OUT THAT THE HOUSE HUNTING TRIP IN QUESTION WAS PERFORMED DURING THE PERIOD JUNE 15 THROUGH 20, 1969, WHEREAS THE TRAVEL AUTHORIZATION WAS NOT SIGNED BY THE AUTHORIZING OFFICIAL UNTIL JUNE 19, 1969. MOREOVER, THE EMPLOYEE'S REQUEST FOR TRAVEL AUTHORIZATION WAS NOT RECEIVED BY THE AUTHORIZING OFFICIAL UNTIL THE DAY FOLLOWING THE DAY THE HOUSE HUNTING TRIP BEGAN.

THE INFORMATION TRANSMITTED HERE INDICATES THAT THE EMPLOYEE'S REQUEST FOR AUTHORIZATION FOR THE HOUSE HUNTING TRIP WAS MADE KNOWN BOTH TO THE ACTIVITY FROM WHICH AND THE ACTIVITY TO WHICH HE TRANSFERRED AND THAT APPARENTLY HE WAS GIVEN VERBAL ASSURANCE BY SOME OFFICIAL THAT THE HOUSE HUNTING TRIP WOULD BE AUTHORIZED. HOWEVER, THE EVIDENCE DOES NOT CLEARLY ESTABLISH THAT AUTHORITY TO MAKE THE TRIP WAS EVER REQUESTED FROM AN OFFICIAL DULY AUTHORIZED TO GRANT SUCH AUTHORITY PRIOR TO THE DATE THE TRIP WAS COMMENCED OR THAT ANY AUTHORIZATION, VERBAL OR WRITTEN, WAS GIVEN TO THE EMPLOYEE BY AN AUTHORIZED OFFICIAL PRIOR TO THE TIME THE TRIP BEGAN. IN FACT, THE TRAVEL AUTHORIZATION OF JUNE 19, 1969, DOES NOT PURPORT TO CONSTITUTE AN APPROVAL OF ANY PRIOR VERBAL AUTHORIZATION FOR A HOUSE HUNTING TRIP OR TO OTHERWISE AUTHORIZE SUCH A TRIP AT GOVERNMENT EXPENSE. ACCORDINGLY, OUR VIEW IS THAT UNDER THE CIRCUMSTANCES APPEARING, REIMBURSEMENT FOR THE HOUSE HUNTING TRIP INVOLVED WOULD NOT BE AUTHORIZED BECAUSE OF THE ABSENCE OF A PRIOR AUTHORIZATION BY AN OFFICIAL VESTED WITH AUTHORITY TO GRANT SUCH AUTHORIZATION. IN SUCH CONNECTION WE UNDERSTAND THAT FOREST SERVICE HEADQUARTERS ISSUED SPECIFIC INSTRUCTIONS IN NOVEMBER 1968 REQUIRING ADVANCE AUTHORIZATIONS FOR HOUSE HUNTING TRIPS. COMPARE DECISIONS OF OCTOBER 16, 1969, B-167902, AND NOVEMBER 5, 1969, B-167918, COPIES ENCLOSED, AS WELL AS DECISION OF JUNE 18, 1969, B-166977, CITED IN YOUR LETTER.

WHILE IT IS INDICATED THAT THE LACK OF A TIMELY AUTHORIZATION MAY HAVE RESULTED FROM ADMINISTRATIVE CONFUSION AS TO THE PROPER ACTIVITY TO PROCESS THE EMPLOYEE'S REQUEST FOR SUCH AUTHORIZATION, THAT FACT DOES NOT ESTABLISH THE EXISTENCE OF AN ADMINISTRATIVE ERROR SUCH AS WOULD JUSTIFY OUR APPROVING THE VOUCHER FOR CERTIFICATION WHEN NO PROPER AUTHORIZATION FOR THE HOUSE HUNTING TRIP, BY AN OFFICIAL VESTED WITH THE AUTHORITY TO AUTHORIZE SUCH TRIP, HAS BEEN GRANTED. ACCORDINGLY, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.