A-11207, NOVEMBER 2, 1925, 5 COMP. GEN. 318

A-11207: Nov 2, 1925

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WHERE IT IS SHOWN THAT DUE TO THE LOCATION OF THE BUILDING SUCH FLOOD CONDITIONS ARE A REGULAR YEARLY OCCURRENCE. 1925: RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF OCTOBER 6. WAS NOT AUTHORIZED. COATS WERE PERSONAL FURNISHINGS SUCH AS ALL THE PEOPLE IN THAT VICINITY WERE NECESSARILY REQUIRED TO FURNISH FOR THEIR OWN PERSONAL PROTECTION AND WERE NOT RENDERED NECESSARY SOLELY BY REASON OF THEIR EMPLOYMENT IN THE FLOODED POST-OFFICE BUILDING. IN YOUR REQUEST FOR RECONSIDERATION IT IS STATED THAT THE FLOOD CONDITIONS DO NOT NECESSARILY AFFECT ALL THE CITIZENS OF GALENA. THAT THE POST-OFFICE BUILDING IS SITUATED VIRTUALLY ON THE RIVER BANK AND SEPARATED THEREFROM UNDER NORMAL CONDITIONS ONLY BY WATER STREET RUNNING PARALLEL THEREWITH.

A-11207, NOVEMBER 2, 1925, 5 COMP. GEN. 318

PERSONAL FURNISHINGS - RUBBER BOOTS, HATS, AND COATS RUBBER BOOTS, HATS, AND COATS TO BE USED BY THE REGULAR CUSTODIAN FORCE OF A POST-OFFICE BUILDING DURING FLOOD CONDITIONS MAY NOT BE PURCHASED FROM PUBLIC FUNDS, WHERE IT IS SHOWN THAT DUE TO THE LOCATION OF THE BUILDING SUCH FLOOD CONDITIONS ARE A REGULAR YEARLY OCCURRENCE. THE EQUIPMENT CONSTITUTES PERSONAL FURNISHINGS SUCH AS THE EMPLOYEES ENGAGED IN THESE DUTIES MAY REASONABLY BE REQUIRED TO SUPPLY THEMSELVES TO EQUIP THEM FOR THE REGULAR DUTIES FOR WHICH EMPLOYED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, NOVEMBER 2, 1925:

RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF OCTOBER 6, 1925, REQUESTING RECONSIDERATION OF MY DECISION OF SEPTEMBER 26, 1925, WHICH HELD THAT THE FURNISHING OF RUBBER BOOTS, HATS, AND COATS TO THE CUSTODIAN FORCE OF THE POST-OFFICE BUILDING AT GALENA, ILL., FOR USE DURING FLOOD CONDITIONS, WAS NOT AUTHORIZED. THE STATEMENTS MADE IN YOUR FORMER SUBMISSION DATED SEPTEMBER 11, 1925, THAT THE MAIL AND EMPLOYEES HAD TO BE CARRIED TO AND FROM THE BUILDING IN BOATS AND THE EMPLOYEES HAD TO USE BOOTS IN WADING TO AND FROM THE BUILDING DURING THE FLOOD SEASON INDICATED THAT THE FLOOD CONDITIONS COVERED A LARGE PART OF THE CITY AND THAT ACCORDINGLY RUBBER BOOTS, HATS, AND COATS WERE PERSONAL FURNISHINGS SUCH AS ALL THE PEOPLE IN THAT VICINITY WERE NECESSARILY REQUIRED TO FURNISH FOR THEIR OWN PERSONAL PROTECTION AND WERE NOT RENDERED NECESSARY SOLELY BY REASON OF THEIR EMPLOYMENT IN THE FLOODED POST-OFFICE BUILDING.

IN YOUR REQUEST FOR RECONSIDERATION IT IS STATED THAT THE FLOOD CONDITIONS DO NOT NECESSARILY AFFECT ALL THE CITIZENS OF GALENA; THAT THE POST-OFFICE BUILDING IS SITUATED VIRTUALLY ON THE RIVER BANK AND SEPARATED THEREFROM UNDER NORMAL CONDITIONS ONLY BY WATER STREET RUNNING PARALLEL THEREWITH; THAT THE BOOTS ARE REQUIRED IN ORDER TO ENABLE THE EMPLOYEES TO ENTER THE BASEMENT SUBMERGED IN WATER; AND THAT THE HATS AND COATS ARE REQUIRED FOR USE WHILE REMOVING MUD AND FILTH FROM THE BASEMENT IN ORDER TO PROTECT THE WORKERS FROM WATER DRIPPING FROM THE CEILING.

WHILE IT MAY NOW BE ASSUMED FROM YOUR STATEMENTS THAT THE FLOOD CONDITIONS DO NOT APPLY TO ALL OF THE CITY OF GALENA, IT IS APPARENT THAT THE CONDITIONS UNDER WHICH THE EQUIPMENT IN QUESTION IS TO BE USED RECUR REGULARLY EACH YEAR AND THAT THE DUTY OF CLEANING OUT THE BASEMENT AT SUCH TIMES IS A PART OF THE REGULAR DUTIES OF THE CUSTODIAN FORCE EMPLOYED TO TAKE CARE OF THIS PARTICULAR BUILDING. THE RUBBER BOOTS, HATS, AND COATS ARE THEREFORE TO BE USED FOR THE PERFORMANCE OF REGULAR DUTIES FOR WHICH THE EMPLOYEES ARE HIRED. UNDER SUCH CIRCUMSTANCES THEY CONSTITUTE PERSONAL FURNISHINGS SUCH AS, IF NECESSARY TO THE PERFORMANCE OF SUCH DUTIES, THE EMPLOYEES MAY REASONABLY BE REQUIRED TO FURNISH TO EQUIP THEMSELVES FOR THE REGULAR DUTIES FOR WHICH THEY ARE EMPLOYED, AND MAY NOT BE SUPPLIED FROM PUBLIC FUNDS. 3 COMP. GEN. 433.

UPON RECONSIDERATION THE DECISION OF SEPTEMBER 26, 1925, MUST BE AND IS AFFIRMED.