A-17697, MARCH 19, 1927, 6 COMP. GEN. 602

A-17697: Mar 19, 1927

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THAT IS. WHERE THE TRANSFER IS EFFECTED SOLELY IN THE INTERESTS OF THE UNITED STATES AND THE APPROPRIATION TO BE CHARGED THEREWITH IS AVAILABLE FOR THE WORK AT BOTH STATIONS. EXAMINER PHILLIPS IS NOW SERVING UNDER AN APPOINTMENT. SIR: YOU HAVE BEEN APPOINTED. THIS IS PURELY A PERSONAL CERTIFICATE OF APPOINTMENT AND NOT TO BE REGARDED PER SE AS AN OFFICIAL CREDENTIAL OR AUTHORITY FOR OPERATION. THE ADMINISTRATIVE DISTRICTS OF THE NATURALIZATION SERVICE PRESCRIBED BY DEPARTMENTAL REGULATIONS ARE MERELY ARTIFICIAL BOUNDARY LINES. IN THE CASE NOW PRESENTED TO YOU IT IS NECESSARY TO ASSIGN SUCH AN EXAMINER TO THE CLEVELAND DISTRICT OF THE NATURALIZATION SERVICE. A LARGE INCREASE IN THE NATURALIZATION WORK FOR THAT DISTRICT IS SHOWN.

A-17697, MARCH 19, 1927, 6 COMP. GEN. 602

TRAVELING EXPENSES - TRANSFERS BETWEEN FIELD STATIONS EMPLOYEES APPOINTED FOR FIELD SERVICE GENERALLY, THAT IS, FOR DUTIES TO BE PERFORMED OUTSIDE OF THE DISTRICT OF COLUMBIA WITHOUT BEING ASSIGNED TO ANY PARTICULAR STATION, MAY BE TRANSFERRED BETWEEN TWO FIELD STATIONS AT GOVERNMENT EXPENSE, WHERE THE TRANSFER IS EFFECTED SOLELY IN THE INTERESTS OF THE UNITED STATES AND THE APPROPRIATION TO BE CHARGED THEREWITH IS AVAILABLE FOR THE WORK AT BOTH STATIONS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF LABOR, MARCH 19, 1927:

THERE HAS BEEN RECEIVED YOUR LETTER OF MARCH 10, 1927, AS FOLLOWS:

PERMIT ME TO REFER TO THE LETTER FROM THIS DEPARTMENT, DATED NOVEMBER 22, 1926, AND YOUR RESPONSE, DATED DECEMBER 11, 1926, REGARDING TRANSFER OF EMPLOYEES OF THE NATURALIZATION SERVICE FROM ONE OFFICIAL STATION TO ANOTHER AT GOVERNMENT EXPENSE.

IN ACCORDANCE WITH THE SUGGESTION CONTAINED IN THE LAST PARAGRAPH OF YOUR REPLY THE DEPARTMENT DESIRES TO SUBMIT FOR YOUR CONSIDERATION AND DECISION THE CASE OF SENIOR NATURALIZATION EXAMINER PAUL B. PHILLIPS NOW STATIONED AT SEATTLE, WASHINGTON. EXAMINER PHILLIPS IS NOW SERVING UNDER AN APPOINTMENT, DATED JANUARY 21, 1926, WHICH READS AS FOLLOWS: MR. PAUL B. PHILLIPS,

THROUGH COMMISSIONER OF NATURALIZATION.

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, SENIOR NATURALIZATION EXAMINER IN THE NATURALIZATION SERVICE AT A SALARY OF TWENTY-FIVE HUNDRED DOLLARS PER ANNUM, EFFECTIVE FEBRUARY 1, 1926.

THIS IS PURELY A PERSONAL CERTIFICATE OF APPOINTMENT AND NOT TO BE REGARDED PER SE AS AN OFFICIAL CREDENTIAL OR AUTHORITY FOR OPERATION. EMPLOYEES MUST EXHIBIT CREDENTIALS UPON REQUEST.

BY PROMOTION FROM $2,400 PER ANNUM.

BY DIRECTION OF THE SECRETARY:

RESPECTFULLY,

(SIGNED) S. J. GOMPERS,

CHIEF CLERK

AS POINTED OUT TO YOU IN DEPARTMENT'S LETTER, DATED NOVEMBER 22D, THE ADMINISTRATIVE DISTRICTS OF THE NATURALIZATION SERVICE PRESCRIBED BY DEPARTMENTAL REGULATIONS ARE MERELY ARTIFICIAL BOUNDARY LINES, AND IT FREQUENTLY HAPPENS THAT THE INTERESTS OF GOOD ADMINISTRATION REQUIRE THE TRANSFER OF A THOROUGHLY EXPERIENCED AND COMPETENT EXAMINER FROM ONE DISTRICT TO ANOTHER.

IN THE CASE NOW PRESENTED TO YOU IT IS NECESSARY TO ASSIGN SUCH AN EXAMINER TO THE CLEVELAND DISTRICT OF THE NATURALIZATION SERVICE. IN A REPORT RECEIVED FROM THE DISTRICT DIRECTOR OF THAT DISTRICT, DATED THE 26TH ULTIMO, A LARGE INCREASE IN THE NATURALIZATION WORK FOR THAT DISTRICT IS SHOWN. HE REPORTS THAT HIS MEN ARE WORKING FROM EIGHT TO TEN HOURS A DAY AND IN ADDITION HAVE PERFORMED SPECIAL NIGHT ASSIGNMENTS. IN VIEW OF THESE CONDITIONS, THE NEED FOR AN EXPERIENCED EXAMINER IS IMMEDIATE AND URGENT. IT HAS BEEN DETERMINED THAT THE SEATTLE DISTRICT CAN BEST SPARE SUCH AN EXAMINER, AND ACCORDINGLY THE DEPARTMENT DESIRES TO TRANSFER SENIOR NATURALIZATION EXAMINER PHILLIPS FROM SEATTLE TO CLEVELAND. NO NEW APPOINTMENT WILL BE ISSUED IN THIS CASE, AS THE POSITION WILL BE TRANSFERRED WITH THE MAN. ATTACHED HERETO IS A COPY OF A TRAVEL ORDER WHICH IT IS PROPOSED TO ISSUE IN THIS CASE.

EXAMINER PHILLIPS HAS NOT SOUGHT THIS TRANSFER AND IN FACT IT MEANS A CONSIDERABLE FINANCIAL LOSS TO HIM, AS IT WILL BE NECESSARY FOR HIM TO PAY THE COST OF TRANSPORTING HIS FAMILY AND HOUSEHOLD GOODS FROM SEATTLE TO CLEVELAND. UNDER THE CIRCUMSTANCES IT IS NEEDLESS TO POINT OUT THE INJUSTICE WHICH WOULD BE DONE EXAMINER PHILLIPS WERE HE IN ADDITION REQUIRED TO PAY HIS OWN TRAVELING EXPENSES.

THE DEPARTMENT WILL APPRECIATE YOUR EARLY DECISION IN THE MATTER.

IT HAS BEEN THE ESTABLISHED RULE FOR MANY YEARS THAT WHEN EMPLOYEES ARE APPOINTED FOR DUTY AT A PARTICULAR PLACE OR WITHIN A PARTICULAR DISTRICT AS DISTINGUISHED FROM APPOINTMENT FOR FIELD SERVICE GENERALLY, THEIR HEADQUARTERS OR DUTY STATION IS THAT PLACE OR THAT DISTRICT, AND WHEN IT BECOMES NECESSARY TO MOVE OR TRANSFER THEM TO ANOTHER PLACE OR ANOTHER DISTRICT FOR OTHER THAN TEMPORARY DUTY, THE TRANSFER CONSTITUTES IN FACT A DISCHARGE AND AN APPOINTMENT TO A NEW POSITION IRRESPECTIVE OF WHAT PROCEDURE IS ADOPTED BY THE ADMINISTRATIVE OFFICE TO EFFECT SUCH A TRANSFER. EMPLOYEES SO APPOINTED AND TRANSFERRED MUST PLACE THEMSELVES AT THEIR NEW DUTY STATION AT THEIR OWN EXPENSES. 11 COMP. DEC. 442; 20 ID. 23; 4 COMP. GEN. 641; 5 ID. 467 AND 941.

THIS RULE IS NOT APPLICABLE, HOWEVER, TO EMPLOYEES WHO ARE APPOINTED FOR GENERAL FIELD SERVICE AND NOT FOR DUTY TO BE PERFORMED AT A PARTICULAR PLACE AND WHOSE DUTIES ARE SUCH THAT THEY ARE REQUIRED TO TRAVEL FROM PLACE TO PLACE IN THE FIELD FOR THEIR PERFORMANCE. IN ORDER TO FORMULATE A RULE UPON WHICH THE ADMINISTRATIVE OFFICE MAY RELY IN AUTHORIZING SUCH TRANSFERS, THIS OFFICE WILL NOT, FOR THE PRESENT, OBJECT TO TRANSFERS FROM STATION TO STATION IN THE FIELD WHEN PROPER SHOWING OF FACTS IS MADE ON THE FOLLOWING FOUR POINTS:

FIRST. THAT THE SERVICE IS FIELD DUTY AND THAT THE EMPLOYEE IS APPOINTED FOR GENERAL FIELD DUTY AND NOT FOR SERVICE AT A PARTICULAR PLACE OR WITHIN A LIMITED DISTRICT.

SECOND. THAT THE APPROPRIATION TO BE CHARGED WITH THE EXPENSE INCURRED IN THE TRAVEL BETWEEN THE TWO STATIONS IS EQUALLY AVAILABLE FOR WORK TO BE PERFORMED AT EITHER STATION.

THIRD. THAT THE DUTY REQUIRED OF THE EMPLOYEE AT BOTH THE OLD AND THE NEW STATIONS IF OF THE SAME GENERAL CHARACTER AND THAT IT IS SUCH AS TO REQUIRE THE EMPLOYEE TO MOVE FROM PLACE TO PLACE IN THE FIELD FOR ITS PERFORMANCE.

FOURTH. THAT THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT OR THE OFFICER AUTHORIZED TO ISSUE THE NECESSARY TRAVEL ORDERS CERTIFIES ON THE FACTS THAT THE TRANSFER ORIGINATED FROM A GOVERNMENT NEED AND IS NOT FOR THE PERSONAL CONVENIENCE OR DESIRES OF THE EMPLOYEE.

FOR THE PRESENT ALL CASES SHOULD BE SUBMITTED TO THIS OFFICE IN ADVANCE OF THE AUTHORIZATION FOR THE TRANSFER.

THE APPROPRIATION SOUGHT TO BE CHARGED WITH THE EXPENSES OF THE TRANSFER IN THE PRESENT CASE IS THAT FOR "MISCELLANEOUS EXPENSES, BUREAU OF NATURALIZATION, 1927," FOUND IN THE ACT OF APRIL 29, 1926, 44 STAT. 371, WHICH IS EQUALLY AVAILABLE FOR ALL FIELD WORK OF THE BUREAU OF NATURALIZATION, IRRESPECTIVE OF THE PARTICULAR STATION AT WHICH PERFORMED. MR. PHILLIPS APPEARS FROM YOUR SUBMISSION TO HAVE BEEN APPOINTED FOR GENERAL FIELD SERVICE WITHOUT PERMANENT ASSIGNMENT TO ANY PARTICULAR STATION. THE TRANSFER IS SHOWN TO BE NECESSARY FROM THE GOVERNMENT NEED AND NOT FOR THE EMPLOYEE'S PERSONAL CONVENIENCE OR DESIRES, AND THE DUTIES OF A NATURALIZATION EXAMINER ARE UNDERSTOOD TO BE SUCH AS REQUIRE THE TRAVEL OF THE EMPLOYEE FROM PLACE TO PLACE IN THE FIELD FOR THEIR PERFORMANCE. UNDER THE CIRCUMSTANCES THE PROPOSED TRANSFER WOULD APPEAR TO INVOLVE OFFICIAL TRAVEL WHICH MAY BE PERFORMED AT THE EXPENSE OF THE GOVERNMENT, THE EXPENSES OF TRAVEL AND SUBSISTENCE BEING SUBJECT TO THE LAWS AND REGULATIONS AS FOUND IN THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, EFFECTIVE OCTOBER 1, 1926.