B-165366, OCT. 24, 1968
Highlights
WE UNDERSTAND THAT THE RESIDENCE AT 77 HIGHLAND AVENUE WAS PURCHASED AS A TEMPORARY EXPEDIENCY BECAUSE IT WAS EXPECTED THAT THE ADMINISTRATOR WOULD BE MOVED INTO GOVERNMENT QUARTERS. WE UNDERSTAND THAT THE OFFICIAL STATION OF THE ADMINISTRATOR PREVIOUSLY WAS CHANGED FROM DETROIT. AT THAT TIME A SURVEY OF PRIVATE HOUSING IN THE AREA INDICATED THERE WAS NO APPROPRIATE HOUSE AVAILABLE FOR THE PRESIDENTIALLY-APPOINTED ADMINISTRATOR. AS A TEMPORARY MEASURE THE ADMINISTRATOR PURCHASED THE RESIDENCE AT 77 HIGHLAND AVENUE WITH THE IDEA OF REMAINING AT THAT RESIDENCE ONLY UNTIL GOVERNMENT QUARTERS WERE FURNISHED OR HE COULD FIND AN APPROPRIATE RESIDENCE COMMENSURATE WITH HIS POSITION. WE UNDERSTAND THAT INCIDENT TO THE PURCHASE OF THE RESIDENCE AT 77 HIGHLAND AVENUE HE WAS REIMBURSED CERTAIN REAL ESTATE TRANSACTION EXPENSES BASED UPON HIS TRANSFER OF OFFICIAL STATION FROM DETROIT TO MASSENA.
B-165366, OCT. 24, 1968
TO MR. EDWARD MARGOSIAN:
WE REFER TO YOUR LETTER OF SEPTEMBER 27, 1968, ENCLOSING A VOUCHER IN FAVOR OF MR. JOSEPH H. MCCANN, ADMINISTRATOR, SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION, WHEREIN HE CLAIMS CERTAIN OUT-OF-POCKET EXPENSES -- FOR TRANSPORTATION OF HOUSEHOLD GOODS, REAL ESTATE COMMISSION AND OTHER EXPENSES -- INCURRED IN SELLING A RESIDENCE DESIGNATED AS 77 HIGHLAND AVENUE, MASSENA, NEW YORK, AND BUYING ANOTHER RESIDENCE AT 31 WINDSOR ROAD, MASSENA, NEW YORK.
WE UNDERSTAND THAT THE RESIDENCE AT 77 HIGHLAND AVENUE WAS PURCHASED AS A TEMPORARY EXPEDIENCY BECAUSE IT WAS EXPECTED THAT THE ADMINISTRATOR WOULD BE MOVED INTO GOVERNMENT QUARTERS. WE UNDERSTAND THAT THE OFFICIAL STATION OF THE ADMINISTRATOR PREVIOUSLY WAS CHANGED FROM DETROIT, MICHIGAN, TO MASSENA, NEW YORK, AND AT THAT TIME A SURVEY OF PRIVATE HOUSING IN THE AREA INDICATED THERE WAS NO APPROPRIATE HOUSE AVAILABLE FOR THE PRESIDENTIALLY-APPOINTED ADMINISTRATOR. AS A TEMPORARY MEASURE THE ADMINISTRATOR PURCHASED THE RESIDENCE AT 77 HIGHLAND AVENUE WITH THE IDEA OF REMAINING AT THAT RESIDENCE ONLY UNTIL GOVERNMENT QUARTERS WERE FURNISHED OR HE COULD FIND AN APPROPRIATE RESIDENCE COMMENSURATE WITH HIS POSITION. ALSO, WE UNDERSTAND THAT INCIDENT TO THE PURCHASE OF THE RESIDENCE AT 77 HIGHLAND AVENUE HE WAS REIMBURSED CERTAIN REAL ESTATE TRANSACTION EXPENSES BASED UPON HIS TRANSFER OF OFFICIAL STATION FROM DETROIT TO MASSENA.
WE KNOW OF NO STATUTE AUTHORIZING REIMBURSEMENT OF REAL ESTATE EXPENSES OR TRANSPORTATION OF HOUSEHOLD EFFECTS BETWEEN TWO RESIDENCES AT AN EMPLOYEE'S OFFICIAL STATION WHEN NO TRANSFER OF OFFICIAL STATION IS INVOLVED. WHILE UNDER CERTAIN CIRCUMSTANCES WE HAVE AUTHORIZED REIMBURSEMENT OF OUT-OF-POCKET EXPENSES WHEN AN EMPLOYEE IS REQUIRED BY AN OFFICIAL DIRECTIVE TO VACATE PRIVATELY OWNED QUARTERS AND MOVE INTO GOVERNMENT OWNED QUARTERS, THE RATIONALE OF THOSE DECISIONS MAY NOT BE APPLIED IN THE PRESENT CASE BECAUSE THERE WAS NO OFFICIAL REQUIREMENT THAT THE EMPLOYEE MOVE FROM HIS RESIDENCE AT 77 HIGHLAND AVENUE TO 31 WINDSOR ROAD. UNDER THE CIRCUMSTANCES NO PART OF THE EXPENSES NOW CLAIMED MAY BE REIMBURSED TO THE ADMINISTRATOR. ACCORDINGLY, THE VOUCHER WHICH IS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT.