B-176531, MAR 12, 1973

B-176531, MAR 12, 1973

CIVILIAN EMPLOYEE - REIMBURSEMENT - CONTINUITY OF RESIDENCE DECISION DENYING CERTIFICATION FOR PAYMENT OF TWO VOUCHERS SUBMITTED BY MR. ROCCO FAZIO, AN EMPLOYEE OF THE OFFICE OF ECONOMIC OPPORTUNITY, FOR TEMPORARY QUARTERS ALLOWANCE AND MISCELLANEOUS EXPENSES. SINCE OMB CIRCULAR NO. A-56, SECTION 2.5 SPECIFICALLY PROVIDES THAT THE BENEFITS PROVIDED THEREIN ARE PAYABLE ONLY AFTER THE EMPLOYEE VACATES THE RESIDENCE IN WHICH HE WAS LIVING AT THE TIME OF TRANSFER, MR. FAZIO'S CONTINUED RESIDENCE IN SAN FRANCISCO, PRIOR TO HIS TRANSFER AND DURING THE PERIOD OF HIS CLAIM, DOES NOT ENTITLE HIM TO TEMPORARY QUARTERS ALLOWANCE. ALSO, ELIGIBILITY FOR REIMBURSEMENT OF MISCELLANEOUS EXPENSES IS CONTINGENT UPON THE DISCONTINUATION AND ESTABLISHMENT OF A RESIDENCE. OMB CIRCULAR A-56, SECTION 3.2.

TO MRS. ANNORA F. FRAASA:

THIS REFERS TO YOUR LETTER OF JULY 13, 1972, WITH ENCLOSURES, AS SUPPLEMENTED BY LETTER DATED JANUARY 26, 1973, REQUESTING OUR DECISION WHETHER YOU MAY CERTIFY TWO VOUCHERS, ONE IN THE AMOUNT OF $380.40, REPRESENTING TEMPORARY QUARTERS ALLOWANCE FOR 30 DAYS, AND ONE IN THE AMOUNT OF $100 FOR MISCELLANEOUS EXPENSES, SUBMITTED BY MR. ROCCO FAZIO INCIDENT TO A CHANGE OF DUTY STATION. YOUR QUESTION ARISES BECAUSE NO MOVE WAS IN FACT INVOLVED AS MR. FAZIO HAD BEEN ON EXTENDED TEMPORARY DUTY AT THE STATION DESIGNATED AS HIS NEW DUTY STATION.

THE INFORMATION AVAILABLE SHOWS THAT MR. FAZIO WAS ORIGINALLY EMPLOYED WITH THE OFFICE OF ECONOMIC OPPORTUNITY (OEO), SEPTEMBER 29, 1967. JULY 1, 1969, HE WAS "OUTSTATIONED" IN SAN FRANCISCO, CALIFORNIA, AND ACCORDING TO STANDARD FORM 50, IT WAS NOT UNTIL JULY 31, 1971 (EFFECTIVE JULY 25, 1971), THAT HE WAS TRANSFERRED TO SAN FRANCISCO ON A PERMANENT BASIS. THE PROPRIETY OF THE EXTENDED TEMPORARY DUTY IN SAN FRANCISCO, IN LIEU OF CHANGING THE EMPLOYEE'S HEADQUARTERS, IS QUESTIONABLE BUT IN VIEW OF THE SUPPLEMENTAL INFORMATION FURNISHED BY LETTER DATED JANUARY 26, 1973, FROM THE CONTROLLER, OEO, WE WILL CONSIDER MR. FAZIO AS BEING IN A TEMPORARY DUTY STATUS UNTIL JULY 25, 1971, THE DATE HE WAS NOTIFIED OF HIS PERMANENT CHANGE OF DUTY STATION.

ALTHOUGH NO CHANGE IN LIVING ARRANGEMENTS WAS REQUIRED, MR. FAZIO IS CLAIMING TEMPORARY QUARTERS ALLOWANCE FOR 30 DAYS FOR THE PERIOD JULY 25, 1971, THROUGH AUGUST 23, 1971. THE INFORMATION OF RECORD INDICATES THAT MR. FAZIO HAD NO RESIDENCE IN WASHINGTON, D.C., HIS ALLEGED HEADQUARTERS, DURING THE 2-YEAR PERIOD HE WAS ASSIGNED TO SAN FRANCISCO ON TEMPORARY DUTY. THE RECORD FURTHER SHOWS THAT FOR A CONSIDERABLE PERIOD OF TIME PRIOR TO JULY 25, 1971, THE DATE OF HIS TRANSFER, AND DURING THE PERIOD OF HIS CLAIM, HE RESIDED AT 289 UNION STREET, SAN FRANCISCO. IT IS NOTED THAT HIS CHECK FOR HIS CHECKING ACCOUNT WITH THE CROCKER-CITIZENS NATIONAL BANK, SAN FRANCISCO, ISSUED AS ADVANCE PAYMENT OF RENT FOR THE PERIOD OF HIS CLAIM, WAS IMPRINTED WITH THE 289 UNION STREET ADDRESS.

SECTION 2.5 OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56; AS REVISED JUNE 26, 1969, PROVIDES FOR THE PAYMENT OF SUBSISTENCE EXPENSES OF THE EMPLOYEE AND HIS IMMEDIATE FAMILY WHILE OCCUPYING TEMPORARY QUARTERS WHEN AN EMPLOYEE IS TRANSFERRED TO A NEW OFFICIAL STATION.

SECTION 2.5 OF CIRCULAR NO. A-56 PROVIDES IN PERTINENT PART:

B. CONDITIONS AND LIMITATIONS FOR ELIGIBILITY.

(3) TEMPORARY QUARTERS REFERS TO LODGING OBTAINED TEMPORARILY BY THE EMPLOYEE AND/OR MEMBERS OF HIS IMMEDIATE FAMILY WHO HAVE VACATED THE RESIDENCE QUARTERS IN WHICH THEY WERE RESIDING AT THE TIME THE TRANSFER WAS AUTHORIZED.

D. ALLOWABLE AMOUNT.

(1) REIMBURSEMENT WILL BE ONLY FOR ACTUAL SUBSISTENCE EXPENSES INCURRED PROVIDED THESE ARE INCIDENT TO OCCUPANCY OF TEMPORARY QUARTERS AND ARE REASONABLE AS TO AMOUNT. ALLOWABLE SUBSISTENCE EXPENSES INCLUDE ONLY CHARGES FOR MEALS (INCLUDING GROCERIES CONSUMED WHILE OCCUPYING TEMPORARY QUARTERS), LODGING, FEES AND TIPS INCIDENT TO MEALS AND LODGING, LAUNDRY, CLEANING AND PRESSING OF CLOTHING. THE ACTUAL EXPENSES WILL BE ITEMIZED IN A MANNER PRESCRIBED BY THE HEAD OF THE AGENCY WHICH WILL PERMIT AT LEAST A REVIEW OF THE AMOUNTS SPENT DAILY FOR (1) LODGING, (2) MEALS, AND (3) ALL OTHER ITEMS OF SUBSISTENCE EXPENSES. RECEIPTS WILL BE REQUIRED AT LEAST FOR LODGING AND LAUNDRY AND CLEANING EXPENSES (EXCEPT WHEN COIN- OPERATED FACILITIES ARE USED). EXPENSES OF LOCAL TRANSPORTATION INCURRED FOR ANY PURPOSE DURING OCCUPANCY OF TEMPORARY QUARTERS WILL BE DISALLOWED.

SECTION 2.5 OF CIRCULAR NO. A-56 SPECIFICALLY PROVIDES THAT THE BENEFITS PROVIDED THEREIN ARE PAYABLE ONLY AFTER THE EMPLOYEE AND/OR MEMBER OF HIS FAMILY VACATE THE RESIDENCE QUARTERS IN WHICH THEY WERE RESIDING AT THE TIME OF TRANSFER. SINCE MR. FAZIO WAS LIVING AT 289 UNION STREET, SAN FRANCISCO, AT THE TIME OF HIS TRANSFER AND CONTINUED LIVING THERE DURING THE PERIOD OF HIS CLAIM, HE DID NOT COME WITHIN THE PROVISIONS OF THE ABOVE-QUOTED REGULATIONS DURING THE PERIOD IN QUESTION AND WOULD NOT BE ENTITLED TO THE TEMPORARY QUARTERS ALLOWANCE CLAIMED.

NEITHER IS MR. FAZIO ENTITLED TO REIMBURSEMENT OF MISCELLANEOUS EXPENSES SINCE SECTION 3.1 OF CIRCULAR NO. A-56 SPECIFIES THAT THE PURPOSE OF MISCELLANEOUS EXPENSES IS FOR DEFRAYING VARIOUS CONTINGENT COSTS ASSOCIATED WITH DISCONTINUING A RESIDENCE AT ONE LOCATION AND ESTABLISHING A RESIDENCE AT THE NEW LOCATION IN CONNECTION WITH A PERMANENT CHANGE OF STATION. ELIGIBILITY FOR RECEIPT OF SUCH ALLOWANCE IS LIKEWISE CONDITIONED UPON THE DISCONTINUANCE AND ESTABLISHMENT OF A RESIDENCE. SEE SECTION 3.2 OF CIRCULAR NO. A-56.

ACCORDINGLY, THE VOUCHERS, WITH SUPPORTING PAPERS, ARE RETURNED HEREWITH AND MAY NOT BE CERTIFIED FOR PAYMENT.