B-131810, JUNE 4, 1957, 36 COMP. GEN. 795

B-131810, JUNE 4, 1957, 36 COMP. GEN. 795

MILEAGE - TRAVEL BY PRIVATELY-OWNED AUTOMOBILE - BETWEEN RESIDENCE AND HEADQUARTERS - OFFICIAL DUTY EN ROUTE EMPLOYEES WHO ARE AUTHORIZED TO USE PRIVATELY-OWNED AUTOMOBILES FOR OFFICIAL BUSINESS WITHIN OR OUTSIDE OF THEIR DESIGNATED POSTS OF DUTY MAY BE PAID MILEAGE FROM WHATEVER POINT THE JOURNEY BEGINS, WITHOUT DEDUCTION FOR THE DISTANCE NORMALLY TRAVELED BETWEEN HOME AND HEADQUARTERS AND IRRESPECTIVE OF WHETHER DUTY IS PERFORMED WITHIN OR OUTSIDE OF THE CORPORATE LIMITS OF THE HEADQUARTERS CITY OR AT THE HEADQUARTERS OFFICE. 36 COMP. GEN. 618, ID. 450, ID. 171, MODIFIED. RECLAIM VOUCHER WHICH COVERED PAYMENT OF MILEAGE FOR USE OF PRIVATELY OWNED AUTOMOBILES FOR OFFICIAL BUSINESS WITHIN AND OUTSIDE OF THE DESIGNATED POST OF DUTY, AND WHICH WAS ADMINISTRATIVELY DISALLOWED AFTER GENERAL ACCOUNTING OFFICE DETERMINED THAT REGULATIONS WERE IMPROPER FOR NOT REQUIRING DEDUCTION FOR MILEAGE DISTANCE BETWEEN RESIDENCE AND HEADQUARTERS, MAY NOW BE CERTIFIED FOR PAYMENT IN ACCORDANCE WITH DECISION MODIFYING PREVIOUS HOLDING.

TO THE CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION, JUNE 4, 1957:

YOUR LETTER OF MAY 13, 1957, WITH ENCLOSURES, REQUESTS OUR DECISION ON SEVERAL QUESTIONS RELATING TO THE COMPUTATION OF MILEAGE FOR USE OF PERSONALLY-OWNED AUTOMOBILES BY CIVIL SERVICE COMMISSION INVESTIGATORS. THE QUESTIONS ARE STATED TO HAVE ARISEN IN THE APPLICATION OF OUR DECISION OF FEBRUARY 28, 1957, B-128764, B-129398 (36 COMP. GEN. 618). THAT DECISION HELD THAT A UNITED STATES MARSHAL OR DEPUTY MARSHAL WHO TRAVELS BY PERSONALLY-OWNED AUTOMOBILE FROM HIS RESIDENCE TO HIS HEADQUARTERS CITY FOR OFFICIAL DUTY THEREAT IS ENTITLED TO MILEAGE ONLY FOR THE DISTANCE IN EXCESS OF THAT NORMALLY TRAVELED BETWEEN RESIDENCE AND HEADQUARTERS OFFICE, EVEN THOUGH NO DUTY IS PERFORMED AT THE HEADQUARTERS OFFICE.

YOU POINT OUT THAT THE NATURE OF THE WORK PERFORMED BY COMMISSION INVESTIGATORS REQUIRES SUBSTANTIAL TRAVEL ON OFFICIAL BUSINESS ON A DAILY BASIS, INCLUDING FREQUENT OVERTIME. WHILE IT IS POSSIBLE AND PERMISSIBLE FOR AN INVESTIGATOR TO USE PUBLIC TRANSPORTATION, EXPERIENCE HAS SHOWN THAT AN INVESTIGATOR CANNOT PRODUCE A REASONABLE AMOUNT OF WORK EXCEPT THROUGH SUBSTANTIAL USE OF AN AUTOMOBILE. SINCE GOVERNMENT-OWNED AUTOMOBILES ARE NOT AVAILABLE FOR USE BY INVESTIGATORS, THE GOVERNMENT BENEFITS BY HAVING THE INVESTIGATORS USE PRIVATELY-OWNED AUTOMOBILES ON OFFICIAL BUSINESS. INVESTIGATORS ARE NOT EXPECTED TO APPEAR AT THE HEADQUARTERS OFFICE UNLESS IT IS NECESSARY FOR THEM TO PICK UP MORE WORK OR TO DICTATE FINISHED CASES. ON THE AVERAGE, AN INVESTIGATOR APPEARS AT THE OFFICE ABOUT TWICE A WEEK AND THE TOTAL TIME SPENT IN THE OFFICE EACH WEEK BY EACH INVESTIGATOR IS LESS THAN THREE-FOURTHS OF A DAY. PRACTICABLE, AN INVESTIGATOR WILL ARRANGE HIS WORK SO THAT ANY SUCH NECESSARY DROPPING IN AT THE OFFICE CAN BE DONE WHEN HIS INVESTIGATING WORK TAKES HIM NEAR THE VICINITY OF THE OFFICE. YOU ALSO POINT OUT THAT WHILE THE AVERAGE GOVERNMENT EMPLOYEE USES PUBLIC TRANSPORTATION OR ONLY SHARES A PART OF AUTOMOBILE TRAVEL BECAUSE OF "POOL" ARRANGEMENTS IN REPORTING TO HIS OFFICE AND RETURNING HOME, AN INVESTIGATOR IS PRECLUDED FROM SO DOING.

YOU SAY THAT PURSUANT TO OUR DECISION OF FEBRUARY 28, 1957, THE COMMISSION HAS BEEN REQUIRING INVESTIGATORS TO DEDUCT FROM THEIR MILEAGE TWICE THE DISTANCE FROM THE HEADQUARTERS OFFICE TO THEIR HOMES, ON ANY DAY ON WHICH THEY PERFORM ANY WORK IN THE HEADQUARTERS CITY. FOR EXAMPLE, AN INVESTIGATOR ATTACHED TO THE CENTRAL OFFICE WHO LIVES IN PRINCE GEORGES COUNTY, MARYLAND, 20 MILES FROM THE CENTRAL OFFICE, AND WHO SPENDS MOST OF THE DAY PERFORMING INVESTIGATIONS IN PRINCE GEORGES COUNTY BUT MAKES ONE CALL INSIDE THE DISTRICT LINE, IS REQUIRED TO DEDUCT 40 MILES FROM HIS DAY'S MILEAGE. AN INVESTIGATOR LIVING IN THE DISTRICT OF COLUMBIA, 7 MILES FROM THE OFFICE, WHO ON A GIVEN DAY PERFORMS ANY INVESTIGATIONS WITHIN THE DISTRICT IS REQUIRED TO DEDUCT 14 MILES FROM HIS DAY'S MILEAGE. AN INVESTIGATOR WHO PERFORMS HIS ENTIRE DAY'S INVESTIGATION IN MARYLAND OR VIRGINIA IS NOT REQUIRED TO MAKE ANY DEDUCTIONS, THOUGH HE MAY LIVE IN THE DISTRICT OR MAY HAVE TO TRAVEL THROUGH A PART OF THE DISTRICT IN GOING FROM ONE INTERVIEW TO ANOTHER.

YOU ALSO SAY THAT IN ONE TYPE OF SITUATION IN THE FIELD SERVICE YOU HAVE CONSIDERED THAT THE PRINCIPLE OF THE DECISION WOULD REQUIRE THE DEDUCTION OF THE COST OF PUBLIC TRANSPORTATION RATHER THAN DEDUCTION OF MILEAGE. CERTAIN CITIES SUCH AS NEW YORK, AN INVESTIGATOR USES HIS AUTOMOBILE WHEN ON INVESTIGATION IN OUTLYING DISTRICTS, BUT IF HE HAS TO GO DOWNTOWN WHERE THE HEADQUARTERS OFFICE IS LOCATED HE USES PUBLIC TRANSPORTATION AS A MATTER OF COURSE, SINCE IT IS RAPID AND MORE CONVENIENT. WHERE THAT IS THE CASE, WHEN SUCH INVESTIGATOR PERFORMS DUTY WITHIN THE CITY LIMITS BUT DOES NOT REPORT TO HEADQUARTERS, YOU ARE AT PRESENT DEDUCTING THE COST OF PUBLIC TRANSPORTATION RATHER THAN DEDUCTING MILEAGE.

THE QUESTIONS YOU POSE ARE AS FOLLOWS:

1. (A) IS IT REQUIRED THAT A DEDUCTION REPRESENTING TWICE THE DISTANCE BETWEEN RESIDENCE AND HEADQUARTERS BUILDING BE MADE FOR EVERY DAY ON WHICH AN INVESTIGATOR PERFORMS ANY DUTY IN HIS HEADQUARTERS CITY, AS WE ARE NOW DOING?

(B)IF SO, IS IT PROPER TO DEDUCT ONLY THE COST OF PUBLIC TRANSPORTATION IN THE CASES WHERE PUBLIC TRANSPORTATION WOULD BE USED IN ACTUALLY GOING TO AND FROM THE HEADQUARTERS OFFICE? (C) IF DEDUCTION HAS BEEN MADE FOR A PARTICULAR DAY, IS ANOTHER DEDUCTION REQUIRED IF THE INVESTIGATOR PERFORMS OVERTIME DUTY, COMPENSATED OR UNCOMPENSATED, IN THE EVENING?

2. (A) IS ANY DEDUCTION REQUIRED ON DAYS ON WHICH ALL THE INVESTIGATOR'S WORK IS PERFORMED OUTSIDE THE LIMITS OF THE HEADQUARTERS CITY? (B) DOES THE FACT THAT THE INVESTIGATOR LIVES INSIDE OR OUTSIDE THE CITY, OR MAY TRAVEL THROUGH A PART OF THE CITY IN GOING FROM ONE INTERVIEW TO ANOTHER, MAKE ANY DIFFERENCE?

3. IF DEDUCTION IS NOT REQUIRED MERELY BECAUSE AN INVESTIGATOR PERFORMS SOME DUTY IN THE HEADQUARTERS CITY, IS IT REQUIRED ON DAYS ON WHICH HE ACTUALLY COMES IN TO THE OFFICE AS ESCRIBED?

THE VIEW SET FORTH IN OUR PRIOR DECISIONS REQUIRING DEDUCTION OF MILEAGE FOR THE DISTANCE BETWEEN RESIDENCE AND HEADQUARTERS RESULTS FROM THE APPLICATION OF THE GENERALLY ESTABLISHED RULE THAT AN EMPLOYEE MUST BEAR THE COST OF TRANSPORTATION BETWEEN HIS RESIDENCE AND HIS PLACE OF DUTY AT HIS OFFICIAL STATION. SUCH HOLDING, HOWEVER, WAS NOT MADE WITHOUT REALIZATION THAT THERE MIGHT BE SITUATIONS IN WHICH THE RULE WOULD PROVE TO BE INAPPROPRIATE FROM THE STANDPOINT OF BOTH THE GOVERNMENT AND THE EMPLOYEE. NOW OUR ATTENTION HAS BEEN DIRECTED BY THE COMMISSION, AS WELL AS BY OTHER AGENCIES, TO VARIOUS SITUATIONS PECULIAR TO THEM SEVERALLY WHICH EMPHASIZE THE NEED FOR A MORE FLEXIBLE RULE. BECAUSE OF THOSE SITUATIONS AND SINCE THE MATTER IS NOT ONE COVERED BY STATUTE BUT RATHER BY RULE OF DECISION WE FEEL WARRANTED IN REEVALUATING THE ENTIRE MATTER.

SECTION 3.5-B (1) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS ISSUED PURSUANT TO SECTION 4 OF THE TRAVEL EXPENSE ACT OF 1949 (5 U.S.C. 837) PROVIDES THAT OFFICERS OR EMPLOYEES SHALL, WHENEVER SUCH MODE OF TRANSPORTATION IS AUTHORIZED OR APPROVED AS MORE ADVANTAGEOUS TO THE GOVERNMENT, BE PAID MILEAGE FOR THE USE OF PRIVATELY-OWNED AUTOMOBILES WHEN ENGAGED ON OFFICIAL BUSINESS WITHIN OR OUTSIDE THEIR DESIGNATED POSTS OF DUTY OR PLACES OF SERVICE. IN SUCH CASES THE MILEAGE RATE AS AUTHORIZED OR APPROVED MAY BE PAID FROM WHATEVER POINT AN EMPLOYEE BEGINS HIS JOURNEY. IT IS FURTHER PROVIDED THAT IN DETERMINING WHETHER SUCH TRANSPORTATION IS MORE ADVANTAGEOUS TO THE GOVERNMENT, CONSIDERATION WILL BE GIVEN TO THE ADVANTAGES RESULTING FROM THE MORE EXPEDITIOUS TRANSACTION OF THE PUBLIC BUSINESS AS WELL AS OTHER ADVANTAGES OR DISADVANTAGES TO THE UNITED STATES IN THE PARTICULAR CASE.

UPON RECONSIDERATION OF THE MILEAGE FIELD AS A WHOLE WE NOW CONCLUDE AS A GENERAL RULE THAT WHERE AN OFFICER OR AN EMPLOYEE IS PROPERLY AUTHORIZED TO USE A PRIVATELY-OWNED AUTOMOBILE FOR OFFICIAL BUSINESS, IT IS WITHIN ADMINISTRATIVE DISCRETION TO ALLOW HIM MILEAGE FROM WHATEVER POINT HE BEGINS HIS JOURNEY WITH NO REQUIREMENT THAT THERE BE DEDUCTED FROM THE COMPUTATION OF SUCH MILEAGE THE DISTANCE THAT THE EMPLOYEE WOULD NORMALLY TRAVEL BETWEEN HIS HOME AND HIS HEADQUARTERS, IRRESPECTIVE OF WHETHER HE PERFORMS DUTY ON THAT DAY WITHIN OR WITHOUT THE CORPORATE LIMITS OF HIS HEADQUARTERS CITY OR AT HIS HEADQUARTERS OFFICE. THE ADMINISTRATIVE OFFICIALS, HOWEVER, IN EXERCISING THEIR DISCRETIONARY POWER IN THIS MATTER ARE TO GIVE DUE CONSIDERATION TO THE INTERESTS OF BOTH THE GOVERNMENT AND THE EMPLOYEE. WHERE APPROPRIATE THEY MAY AND SHOULD IN THE EXERCISE OF THIS DISCRETION RESTRICT THE MILEAGE ALLOWABLE, BY WAY OF A REDUCED RATE OR DISTANCE. 36 COMP. GEN. 618; ID. 450; ID. 171; AND OTHER DECISIONS INCONSISTENT WITH THE RULE ANNOUNCED IN THIS DECISION ARE MODIFIED ACCORDINGLY.

YOUR SUBMISSION IS ANSWERED ACCORDINGLY.

CONCERNING THE RECLAIM VOUCHER SUBMITTED WITH YOUR LETTER, WE UNDERSTAND THE MILEAGE INVOLVED WOULD HAVE BEEN ALLOWABLE UNDER THE ADMINISTRATIVE REGULATIONS AND WAS DEDUCTED BY ADMINISTRATIVE AUDIT ACTION BECAUSE OF OUR DECISION, B-129398, DECEMBER 4, 1956, 36 COMP. GEN. 450. IN THE CIRCUMSTANCES, WE WOULD NOT OBJECT TO ITS CERTIFICATION FOR PAYMENT IF OTHERWISE PROPER.