A-14920, AUGUST 21, 1926, 6 COMP. GEN. 143

A-14920: Aug 21, 1926

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THE GENERAL ACCOUNTING OFFICE WILL INTERPOSE NO FURTHER OBJECTION TO THE PAYMENT FROM PUBLIC FUNDS OF THE EXPENSES OF TRANSFERRING SUCH OFFICERS AND EMPLOYEES BETWEEN OFFICIAL DUTY STATIONS WHEN SUCH TRANSFERS ARE NECESSITATED BY THE NEEDS OF THE BUREAU RATHER THAN FOR THE PERSONAL CONVENIENCE OF THE EMPLOYEE. IN WHICH WAS DISALLOWED IN THE ACCOUNTS OF CHARLES E. YOU MAKE THE FOLLOWING EXPLANATION OF THE CIRCUMSTANCES UNDER WHICH THE EXPENSES WERE INCURRED: WHEN THIS MATTER WAS FIRST BROUGHT TO THE ATTENTION OF THE DEPARTMENT BY YOUR OFFICE A STATEMENT WAS FURNISHED TO THE DISBURSING CLERK OF THE DEPARTMENT. TO THE EFFECT THAT THIS CHANGE OF ASSIGNMENT WAS NOT AT THE EMPLOYEE'S REQUEST BUT WAS MADE IN THE INTEREST OF GOOD ADMINISTRATION.

A-14920, AUGUST 21, 1926, 6 COMP. GEN. 143

TRAVELING EXPENSES - TRANSFERS BETWEEN DUTY STATIONS - BUREAU OF FOREIGN AND DOMESTIC COMMERCE CONGRESS HAVING SPECIFICALLY APPROPRIATED FUNDS FOR THE TRANSPORTATION AND SUBSISTENCE OF FAMILIES AND EFFECTS OF OFFICERS AND EMPLOYEES OF THE BUREAU OF FOREIGN AND DOMESTIC COMMERCE IN GOING TO AND RETURNING FROM THEIR POSTS OF DUTY, TACITLY SANCTIONED A PRACTICE OF LONG STANDING OF TRANSFERRING SUCH OFFICERS AND EMPLOYEES TO AND FROM AND BETWEEN POSTS OF DUTY AT THE EXPENSE OF THE GOVERNMENT, AND, IN VIEW THEREOF, THE GENERAL ACCOUNTING OFFICE WILL INTERPOSE NO FURTHER OBJECTION TO THE PAYMENT FROM PUBLIC FUNDS OF THE EXPENSES OF TRANSFERRING SUCH OFFICERS AND EMPLOYEES BETWEEN OFFICIAL DUTY STATIONS WHEN SUCH TRANSFERS ARE NECESSITATED BY THE NEEDS OF THE BUREAU RATHER THAN FOR THE PERSONAL CONVENIENCE OF THE EMPLOYEE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF COMMERCE, AUGUST 21, 1926:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF JUNE 18, 1926, REQUESTING REVIEW OF SETTLEMENT NO. C-21141-C, IN WHICH WAS DISALLOWED IN THE ACCOUNTS OF CHARLES E. MOLSTER, DISBURSING CLERK, CREDIT FOR PAYMENT TO BASIL P. BOYKIN, AS REIMBURSEMENT OF TRAVELING EXPENSES IN CONNECTION WITH HIS TRANSFER FROM BOSTON, MASS., TO CHICAGO, ILL.

YOU MAKE THE FOLLOWING EXPLANATION OF THE CIRCUMSTANCES UNDER WHICH THE EXPENSES WERE INCURRED:

WHEN THIS MATTER WAS FIRST BROUGHT TO THE ATTENTION OF THE DEPARTMENT BY YOUR OFFICE A STATEMENT WAS FURNISHED TO THE DISBURSING CLERK OF THE DEPARTMENT, FOR TRANSMISSION TO YOUR OFFICE, TO THE EFFECT THAT THIS CHANGE OF ASSIGNMENT WAS NOT AT THE EMPLOYEE'S REQUEST BUT WAS MADE IN THE INTEREST OF GOOD ADMINISTRATION, IN THE CONSUMMATION OF WHICH IT WAS DEEMED ADVISABLE TO ORDER MR. BOYKIN TO COME TO THE WASHINGTON OFFICE FOR INSTRUCTION AND CONFERENCE BEFORE SENDING HIM ON TO CHICAGO TO ASSUME HIS NEW DUTIES. THE DUTIES OF ALL OF THE EMPLOYEES IN THE DISTRICT OFFICES ARE THOSE OF A COMMERCIAL AGENT, ONE FOR THE PURPOSE OF ADMINISTRATION BEING DESIGNATED AS DISTRICT AGENT, ONE FOR THE PURPOSE OF ADMINISTRATION BEING DESIGNATED AS DISTRICT MANAGER, ANOTHER ONE DESIGNATED AS ASSISTANT DISTRICT MANAGER, AND OTHERS BEING DESIGNATED AS EITHER COMMERCIAL AGENTS OR AS ASSISTANT COMMERCIAL AGENTS, SO THERE IS REALLY NO CHANGE IN THE CHARACTER OF THE WORK THE EMPLOYEE MIGHT DO EVEN THOUGH HE MIGHT HAVE HIS TITLE CHANGED FROM THAT OF COMMERCIAL AGENT TO ASSISTANT DISTRICT MANAGER. IT HAS ALWAYS BEEN UNDERSTOOD THAT THERE WOULD BE NO LEGAL OBJECTION TO PAYING THE TRAVELING EXPENSES OF EMPLOYEES WHOSE STATION MIGHT BE CHANGED WHEN THAT CHANGE WAS MADE ON COMPETENT AUTHORITY AND FOR THE BEST INTERESTS OF THE ORGANIZATION. IT HAS BEEN THE PRACTICE FOR THE BUREAU OF FOREIGN AND DOMESTIC COMMERCE TO REQUIRE EMPLOYEES SEEKING CHANGES FOR THEIR PERSONAL CONVENIENCE TO PAY THEIR TRANSFER CHARGES AND IN CASES WHERE THE BUREAU ORDERS THE MOVE IT HAS ALWAYS BEEN THE UNDERSTANDING THAT EXPENSES IN CONNECTION WITH THE TRANSFER WOULD BE PAID BY THE GOVERNMENT. INASMUCH AS THIS HAS BEEN THE UNDERSTANDING WITH OUR EMPLOYEES WE WOULD LIKE VERY MUCH TO CARRY OUT OUR AGREEMENT, AND IF THIS IS CONSISTENT WITH YOUR VIEWS AND THIS DEPARTMENT MIGHT SECURE A RULING FROM YOU TO CONTINUE SUCH PAYMENTS DURING THE BALANCE OF THE FISCAL YEAR 1926 AND FOR THE FISCAL YEAR 1927. WE WILL MAKE AN EFFORT TO SECURE IN THE NEXT APPROPRIATION ACT SPECIFIC AUTHORITY FOR ANY CHANGES THAT MIGHT BE MADE AFTER THAT TIME.

THE TRAVEL ORDER AND APPOINTMENT UNDER WHICH THE TRANSFER WAS EFFECTED WERE AS FOLLOWS:

APRIL 10, 1924.

TRAVEL ORDER MR. B. P. BOYKIN, COMMERCIAL AGENT,

1801 CUSTOMHOUSE, BOSTON, MASS.

SIR: YOU ARE HEREBY AUTHORIZED TO TRAVEL BY THE SHORTEST AND MOST DIRECT ROUTE FROM BOSTON, MASS., TO WASHINGTON, D.C., AND SUCH POINTS IN THE IMMEDIATE VICINITY THEREOF AS MAY BE NECESSARY IN THE PURSUIT OF AN INVESTIGATION UNDER THE DIRECTION OF THIS BUREAU; AND UPON THE COMPLETION OF THIS SERVICE YOU WILL RETURN TO CHICAGO, ILL., BY THE SHORTEST AND MOST DIRECT ROUTE, UNLESS OTHERWISE DIRECTED.

THE EXPENSES INCURRED UNDER THIS ASSIGNMENT ARE PAYABLE FROM THE APPROPRIATION "DISTRICT AND COOPERATIVE OFFICE SERVICE, 1924 ).45).'

A REFERENCE TO THE NUMBER OF THIS TRAVEL ORDER MUST APPEAR IN YOUR MONTHLY EXPENSE VOUCHER, TAKING UP EXPENSES INCURRED, AND UPON THE BACK OF GOVERNMENT TRANSPORTATION REQUESTS ON ACCOUNT OF THIS ASSIGNMENT.

VERY RESPECTFULLY,

(S) O. P. HOPKINS,

ASSISTANT DIRECTOR.

APRIL 19, 1924. MR. BASIL P. BOYKIN,

THROUGH THE DIRECTOR, BUREAU OF FOREIGN AND DOMESTIC COMMERCE.

SIR: YOU HAVE BEEN APPOINTED, SUBJECT TO TAKING THE OATH OF OFFICE, AND TO ACTUAL ENTRANCE UPON DUTY (UNLESS ON AUTHORIZED LEAVE) ON THE DATE INDICATED, ASSISTANT DISTRICT MANAGER IN THE SERVICE OF THE BUREAU OF FOREIGN AND DOMESTIC COMMERCE AT CHICAGO, ILLINOIS, AT A SALARY OF TWO THOUSAND DOLLARS PER ANNUM, EFFECTIVE MAY 1, 1924.

(BY TRANSFER AND PROMOTION FROM COMMERCIAL AGENT AT $1,800 PER ANNUM AT BOSTON, MASSACHUSETTS.)

BY DIRECTION OF THE SECRETARY:

RESPECTFULLY,

EDWARD J. GARDNER,

ACTING CHIEF OF APPOINTMENT DIVISION.

IT MAY BE STATED GENERALLY THAT IF EMPLOYEES ARE APPOINTED FOR DUTY AT A PARTICULAR PLACE THEIR DESIGNATED HEADQUARTERS OR DUTY STATION IS THAT PLACE, AND WHEN IT BECOMES NECESSARY TO MOVE OR TRANSFER THEM FOR DUTY (OTHER THAN TEMPORARY) AT ANOTHER PLACE OR WITHIN ANOTHER DISTRICT, PARTICULARLY WHERE A NEW APPOINTMENT IS GIVEN AND A NEW OATH OF OFFICE REQUIRED AS IN THE PRESENT CASE, 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. 68; 804.

WITH REFERENCE TO EMPLOYEES OF THE BUREAU OF FOREIGN AND DOMESTIC COMMERCE, HOWEVER, BEGINNING WITH THE FISCAL YEAR 1924, ACT OF JANUARY 5, 1923, 42 STAT. 1113, CONGRESS HAS SPECIFICALLY APPROPRIATED FUNDS--

* * * TO PAY THE ITEMIZED AND VERIFIED STATEMENTS OF THE ACTUAL AND NECESSARY EXPENSES OF TRANSPORTATION AND SUBSISTENCE, UNDER SUCH REGULATIONS AS THE SECRETARY OF COMMERCE MAY PRESCRIBE, OF FAMILIES AND EFFECTS OF OFFICERS AND EMPLOYEES OF THE BUREAU OF FOREIGN AND DOMESTIC COMMERCE IN GOING TO AND RETURNING FROM THEIR POSTS, OR WHEN TRAVELING UNDER THE ORDER OF THE SECRETARY OF COMMERCE * * *.

BY DECISION OF JUNE 18, 1926, A-14278, THIS PROVISION WAS CONSIDERED APPLICABLE TO TRAVEL TO AND FROM POSTS OF DUTY WITHIN THE UNITED STATES AS WELL AS ELSEWHERE. CONGRESS BY THUS APPROPRIATING FOR THE EXPENSES OF THE EFFECTS AND FAMILIES OF OFFICERS AND EMPLOYEES OF THE BUREAU OF FOREIGN AND DOMESTIC COMMERCE TACITLY SANCTIONED THE PRACTICE, WHICH YOU STATE HAS BEEN OF LONG STANDING, OF TRANSFERRING SUCH OFFICERS AND EMPLOYEES TO AND FROM AND BETWEEN POSTS OF DUTY AT THE EXPENSE OF THE GOVERNMENT WHEN THE TRANSFER IS ORDERED BY THE BUREAU AND IS NOT FOR THE PERSONAL CONVENIENCE OF THE EMPLOYEE. IN VIEW THEREOF, THIS OFFICE WILL MAKE NO FURTHER OBJECTION TO THE PAYMENT FROM PUBLIC FUNDS OF THE EXPENSES OF TRANSFERS OF EMPLOYEES OF THAT BUREAU BETWEEN OFFICIAL DUTY STATIONS WHEN NECESSITATED BY THE NEEDS OF THE BUREAU RATHER THAN WHEN FOR THE PERSONAL CONVENIENCE OF THE EMPLOYEE. 6 COMP. GEN. 92.

UPON REVIEW $39.83 IS CERTIFIED FOR CREDIT IN THE DISBURSING OFFICER'S ACCOUNTS.