B-165366, NOV. 25, 1968
Highlights
THERE WAS NO OFFICIAL REQUIREMENT THAT THE EMPLOYEE MOVE FROM HIS RESIDENCE AT 77 HIGHLAND AVENUE TO 31 WINDSOR ROAD.- THE ADMINISTRATOR BELIEVES THAT IT WAS NECESSARY TO MOVE OUT OF THE SUBSTANDARD RESIDENCE TO THE NEW QUARTERS IN ORDER TO ADEQUATELY PERFORM HIS OFFICIAL DUTIES. THE LAST PARAGRAPH OF THE DECISION READS IN PART AS FOLLOWS: "* * * 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. * * *" WHEN THE ABOVE-QUOTED LANGUAGE IS CONSTRUED AS A WHOLE IT IS CLEAR THAT THE TERM "OFFICIAL REQUIREMENT" HAD REFERENCE TO A LAWFUL DIRECTIVE ISSUED BY AN APPROPRIATE GOVERNMENTAL AUTHORITY.
B-165366, NOV. 25, 1968
TO MR. EDWARD MARGOSIAN:
WE REFER TO YOUR LETTER OF OCTOBER 28, 1968, REQUESTING RECONSIDERATION OF OUR DECISION OF OCTOBER 24, 1968. YOUR LETTER READS IN PERTINENT PART AS FOLLOWS: "* * * THE DECISION APPEARS TO BE BASED ON THE FACT THAT: -... THERE WAS NO OFFICIAL REQUIREMENT THAT THE EMPLOYEE MOVE FROM HIS RESIDENCE AT 77 HIGHLAND AVENUE TO 31 WINDSOR ROAD.- THE ADMINISTRATOR BELIEVES THAT IT WAS NECESSARY TO MOVE OUT OF THE SUBSTANDARD RESIDENCE TO THE NEW QUARTERS IN ORDER TO ADEQUATELY PERFORM HIS OFFICIAL DUTIES. BELIEVES THAT THIS CONSTITUTES AN OFFICIAL REQUIREMENT IN VIEW OF THE PREVAILING CIRCUMSTANCES AT THE TIME OF THE SECOND MOVE.'
THE TERM "OFFICIAL REQUIREMENT" AS USED IN THE DECISION OF OCTOBER 24 MUST BE CONSTRUED IN THE LIGHT OF OTHER PERTINENT LANGUAGE APPEARING IN SUCH DECISION. THE LAST PARAGRAPH OF THE DECISION READS IN PART AS FOLLOWS:
"* * * 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. * * *"
WHEN THE ABOVE-QUOTED LANGUAGE IS CONSTRUED AS A WHOLE IT IS CLEAR THAT THE TERM "OFFICIAL REQUIREMENT" HAD REFERENCE TO A LAWFUL DIRECTIVE ISSUED BY AN APPROPRIATE GOVERNMENTAL AUTHORITY. ASIDE FROM THE FACT THAT THERE IS THE MOST SERIOUS DOUBT WHETHER A GOVERNMENT OFFICIAL MAY BE OFFICIALLY REQUIRED TO VACATE HIS PRIVATE RESIDENCE AND ORDERED TO MOVE INTO A MORE EXPENSIVE PRIVATE RESIDENCE, THERE IS NO INDICATION THAT ANY SUCH OFFICIAL DIRECTIVE EVER WAS ISSUED TO THE ADMINISTRATOR OF THE CORPORATION.
WHILE IT MAY BE THAT A PORTION OF THE OFFICIAL DUTIES OF THE ADMINISTRATOR'S POSITION ARE CONDUCTED AT MEETINGS OR SEMISOCIAL ENGAGEMENTS IN THE HOME SO THAT A LARGER OR MORE PRETENTIOUS RESIDENCE WOULD BE DESIRABLE OR THAT IT WOULD BE MORE IN KEEPING WITH THE STATUS OF HIS POSITION TO OCCUPY THE NEW RESIDENCE; NEVERTHELESS, WE DO NOT CONSTRUE SUCH FACTORS AS CONSTITUTING AN ,OFFICIAL REQUIREMENT" AS THAT TERM WAS USED IN THE OCTOBER 24 DECISION.
ACCORDINGLY, UPON RECONSIDERATION, OUR DECISION OF OCTOBER 24 IS AFFIRMED.