A-14568, AUGUST 20, 1926, 6 COMP. GEN. 136

A-14568: Aug 20, 1926

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TRAVELING EXPENSES - FIRST DUTY STATION - INDIAN SERVICE A TEACHER IN AN INDIAN SCHOOL WHOSE SERVICES AT SAID SCHOOL ARE DISCONTINUED AND WHO IS TRANSFERRED TO A LIKE POSITION IN ANOTHER SCHOOL IS NOT ENTITLED TO REIMBURSEMENT OF EXPENSES INCURRED IN TRAVELING TO EFFECT THE TRANSFER. IN SUPPORT OF THE REQUEST FOR REVIEW IT IS STATED: THE TRANSFER IN QUESTION WAS EFFECTED BY OFFICE LETTER OF OCTOBER 27. THE EMPLOYEE WAS CONTINUOUSLY IN THE SERVICE. THERE WAS NO NONPAY STATUS OR NEW OATH OF OFFICE. IN SEVERAL PREVIOUS CASES YOUR OFFICE HAS HELD THAT EMPLOYEES ARE ENTITLED TO TRAVEL EXPENSES UNDER SUCH CIRCUMSTANCES AS EXIST HERE. THE PROHIBITION APPLYING ONLY TO CASES IN WHICH THERE IS AN APPOINTMENT TO A DIFFERENT POSITION.

A-14568, AUGUST 20, 1926, 6 COMP. GEN. 136

TRAVELING EXPENSES - FIRST DUTY STATION - INDIAN SERVICE A TEACHER IN AN INDIAN SCHOOL WHOSE SERVICES AT SAID SCHOOL ARE DISCONTINUED AND WHO IS TRANSFERRED TO A LIKE POSITION IN ANOTHER SCHOOL IS NOT ENTITLED TO REIMBURSEMENT OF EXPENSES INCURRED IN TRAVELING TO EFFECT THE TRANSFER. SECTION 2077, REVISED STATUES, RELATING SPECIFICALLY TO TRAVEL BY EMPLOYEES OF THE INDIAN SERVICE, DOES NOT CONFER ANY GREATER BENEFITS IN THAT CONNECTION THAN THE GENERAL TRAVEL AND SUBSISTENCE LAWS.

DECISION BY COMPTROLLER GENERAL MCCARL, AUGUST 20, 1926:

THE SECRETARY OF THE INTERIOR HAS REQUESTED REVIEW OF SETTLEMENT NO. C- 37906-IN, DISALLOWING CREDIT IN THE ACCOUNTS OF DR. E. A. FARROW, SUPERINTENDENT AND PHYSICIAN IN CHARGE OF THE KAIBAB INDIAN SCHOOL, FOR A PAYMENT OF $47.07 TO MRS. EDNA P. HINSON, A TEACHER, AS REIMBURSEMENT OF EXPENSES INCURRED IN EFFECTING A TRANSFER FROM CAMP VERDE AGENCY, ARIZ., TO THE KAIBAB INDIAN SCHOOL, MOCASSIN, ARIZ.

IN SUPPORT OF THE REQUEST FOR REVIEW IT IS STATED:

THE TRANSFER IN QUESTION WAS EFFECTED BY OFFICE LETTER OF OCTOBER 27, 1925, FROM THE POSITION OF TEACHER AT $1,200 PER ANNUM AT CAMP VERDE TO THE POSITION OF TEACHER AT $1,200 PER ANNUM AT KAIBAB, IT BEING STATED THAT THE EMPLOYEE WOULD BE ALLOWED TRAVEL TIME FOR THE TRIP AND HER ACTUAL NECESSARY EXPENSES NOT TO EXCEED $3.50 PER DAY, TO BE PAID BY THE SUPERINTENDENT OF THE KAIBAB SCHOOL.

THE EMPLOYEE WAS CONTINUOUSLY IN THE SERVICE, AND THERE WAS NO NONPAY STATUS OR NEW OATH OF OFFICE. IN SEVERAL PREVIOUS CASES YOUR OFFICE HAS HELD THAT EMPLOYEES ARE ENTITLED TO TRAVEL EXPENSES UNDER SUCH CIRCUMSTANCES AS EXIST HERE, THE PROHIBITION APPLYING ONLY TO CASES IN WHICH THERE IS AN APPOINTMENT TO A DIFFERENT POSITION, WITH A BREAK IN THE PERIOD OF SERVICE, NONPAY STATUS, AND A NEW OATH OF OFFICE. FURTHERMORE, SECTION 2077, REVISED STATUES, SPECIFICALLY AUTHORIZES THE PAYMENT OF THEIR EXPENSES TO FIELD EMPLOYEES OF THE INDIAN SERVICE WHEN REQUIRED TO TRAVEL FROM ONE PLACE TO ANOTHER IN THE DISCHARGE OF THEIR OFFICIAL DUTIES.

THE TRANSFER WAS MADE FOR ADMINISTRATIVE REASONS ENTIRELY ON THE INITIATIVE OF THIS OFFICE AND WITHOUT APPLICATION OR FAULT ON THE PART OF THE EMPLOYEE.

THE TRANSFER AND TRAVEL DIRECTIONS WERE CONTAINED IN A LETTER OF THE COMMISSIONER OF INDIAN AFFAIRS TO MRS. HINSON, DATED OCTOBER 27, 1925, AS FOLLOWS:

OWING TO THE DECREASED AVERAGE ATTENDANCE AT THE CAMP VERDE DAY SCHOOL, IT WILL BE NECESSARY TO GIVE YOU AN ASSIGNMENT ELSEWHERE.

YOUR ARE HEREBY TRANSFERRED FROM THE POSITION OF TEACHER (NO. 2) AT $1,200 A YEAR AT THE CAMP VERDE DAY SCHOOL TO A SIMILAR POSITION (NO. 2) AT $1,200 A YEAR, PLUS QUARTERS, FUEL, AND LIGHT AT THE KAIBAB DAY SCHOOL, ARIZONA AND SHOULD REPORT FOR DUTY IMMEDIATELY TO SUPERINTENDENT DR. EDGAR A. FARROW, MOCCASIN, ARIZONA.

YOU WILL BE ALLOWED TRAVEL TIME IN WHICH TO MAKE THE TRIP AND YOUR ACTUAL NECESSARY TRAVELING EXPENSES, INCLUDING SLEEPING-CAR FARE AND INCIDENTALS AND YOUR ACTUAL EXPENSES OF SUBSISTENCE, NOT EXCEEDING $3.50 PER DAY, WHILE EN ROUTE FROM THE CAMP VERDE DAY SCHOOL TO THE KAIBAB DAY SCHOOL, ARIZONA, WHICH TRAVELING EXPENSES WILL BE PAID BY THE SUPERINTENDENT OF THE LATTER SCHOOL.

YOUR SUPERINTENDENT WILL FURNISH YOU WITH THE NECESSARY SUBVOUCHERS TO BE USED IN CONNECTION WITH THE FILING OF YOUR CLAIM FOR TRANSPORTATION.

THE GENERAL RULE IS THAT AN EMPLOYEE, WHETHER ORIGINALLY APPOINTED OR ALREADY IN THE SERVICE OF THE GOVERNMENT, APPOINTED FOR DUTY AT ANOTHER PLACE, MUST PLACE HIMSELF THERE AT HIS OWN EXPENSE. ONLY THOSE EMPLOYED FOR AND ACTUALLY ENGAGED UPON GENERAL FIELD WORK, AND WHOSE EMPLOYMENT AND DUTIES CLEARLY CONTEMPLATE SERVICE IN DIFFERENT PLACES AS THE NEEDS MAY REQUIRE, MAY LAWFULLY BE SHIFTED FROM PLACE TO PLACE IN SUCH WORK AT THE EXPENSE OF THE UNITED STATES. IT IS NOT A MATTER OF ADMINISTRATIVE CONVENIENCE OR DISCRETION BUT IS NECESSARILY CONTROLLED BY THE CHARACTER OF THE DUTIES AND TERMS OF THE EMPLOYMENT. THE FACT THAT IT MAY BE FOUND NECESSARY OR DESIRABLE TO TRANSFER EMPLOYEES FROM ONE DUTY STATION TO ANOTHER FROM TIME TO TIME DOES NOT NECESSARILY CONSTITUTE THE APPOINTMENTS OF SUCH EMPLOYEES FOR GENERAL FIELD SERVICE SUCH AS WOULD ENTITLE THEM TO REIMBURSEMENT OF EXPENSES INCURRED IN TRAVELING BETWEEN STATIONS. EMPLOYEES ARE APPOINTED FOR DUTY AT A PARTICULAR PLACE OR WITHIN A PARTICULAR DISTRICT, THEIR DESIGNATED HEADQUARTERS OR DUTY STATION IS THAT PLACE OR THAT DISTRICT, AND WHEN IT BECOMES NECESSARY TO MOVE OR TRANSFER THEM FOR DUTY (OTHER THAN TEMPORARY) AT ANOTHER PLACE OR WITHIN ANOTHER DISTRICT THE TRANSFER CONSTITUTES, IN FACT, A DISCHARGE AND APPOINTMENT TO A NEW POSITION AND THE EMPLOYEES MUST PLACE THEMSELVES AT THEIR NEW DUTY STATION AT THEIR OWN EXPENSE. 5 COMP. GEN. 468; ID. 941; 6 ID. 92; A- 13930, MAY 26, 1926.

THE ACTS AUTHORIZING PAYMENT OF TRAVELING AND SUBSISTENCE EXPENSES HAVE REFERENCE ONLY TO OFFICERS AND EMPLOYEES WHO ARE IN A TRAVEL STATUS, THAT IS, AWAY FROM THEIR OFFICIAL STATIONS ON OFFICIAL BUSINESS. 5 COMP. GEN. 468. SECTION 2077, REVISED STATUTES, RELATING SPECIFICALLY TO TRAVEL BY EMPLOYEES OF THE INDIAN SERVICE, DOES NOT CONFER ANY GREATER BENEFITS IN THAT CONNECTION THAN THE GENERAL TRAVEL AND SUBSISTENCE LAWS AS IT AUTHORIZES REIMBURSEMENT WHEN "REQUIRED, IN THE PERFORMANCE OF THEIR DUTIES, * * * TO TRAVEL FROM ONE PLACE TO ANOTHER.' A-14175,JUNE 18, 1926.

UPON REVIEW THE SETTLEMENT MUST BE AND IS SUSTAINED.