A-37507, AUGUST 7, 1931, 11 COMP. GEN. 56

A-37507: Aug 7, 1931

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TRAVELING EXPENSES - FIRST DUTY STATION THE FACT THAT A NEWLY APPOINTED EMPLOYEE IS REQUIRED TO REPORT AT THE OFFICIAL HEADQUARTERS OF THE DISTRICT TO WHICH HE IS ASSIGNED BEFORE PROCEEDING TO HIS DESIGNATED OFFICIAL STATION FROM WHICH HE IS TO OPERATE. THE DISALLOWANCE WAS BASED UPON THE RULE IN 10 COMP. THE FOLLOWING EXPLANATION OF THE CIRCUMSTANCES SURROUNDING THE TRAVEL PERFORMED BY THIS EMPLOYEE IS SUBMITTED BY YOU: THE DECISION CITED DEALS WITH TRAVEL EXPENSES INCURRED BY NEWLY APPOINTED EMPLOYEES OF THE DEPARTMENT OF JUSTICE IN PROCEEDING FROM THE GENERAL HEADQUARTERS IN WASHINGTON. THE EMPLOYEE WAS APPOINTED FOR FIELD DUTY GENERALLY WITHIN A RESTRICTED AREA. AS A DEPUTY COLLECTOR OF INTERNAL REVENUE HE WAS AUTHORIZED BY LAW (SEC. 3172.

A-37507, AUGUST 7, 1931, 11 COMP. GEN. 56

TRAVELING EXPENSES - FIRST DUTY STATION THE FACT THAT A NEWLY APPOINTED EMPLOYEE IS REQUIRED TO REPORT AT THE OFFICIAL HEADQUARTERS OF THE DISTRICT TO WHICH HE IS ASSIGNED BEFORE PROCEEDING TO HIS DESIGNATED OFFICIAL STATION FROM WHICH HE IS TO OPERATE, DOES NOT EXCUSE HIM FROM THE GENERAL REQUIREMENT THAT NEWLY APPOINTED EMPLOYEES MUST BEAR THE EXPENSE OF PLACING THEMSELVES AT THEIR FIRST POST OF DUTY. 5 COMP. GEN. 804, DISTINGUISHED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, AUGUST 7, 1931:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 6, 1931, REQUESTING REVIEW OF THE SETTLEMENT OF THIS OFFICE OF JUNE 17, 1931, DISALLOWING CREDIT IN THE ACCOUNTS OF C. F. ROUTZAHN, COLLECTOR OF INTERNAL REVENUE, CLEVELAND, OHIO, FOR $6.11 PAID ON VOUCHER 439, TO JOHN A. MADIGAN. THE AMOUNT DISALLOWED REPRESENTED TRAVEL EXPENSES INCURRED BETWEEN CLEVELAND, OHIO, AND STEUBENVILLE, OHIO, THE EMPLOYEE, ON RECEIVING HIS APPOINTMENT, HAVING REPORTED AT CLEVELAND FOR INSTRUCTION BEFORE PROCEEDING TO HIS DUTY STATION AT STEUBENVILLE, AND THE DISALLOWANCE WAS BASED UPON THE RULE IN 10 COMP. GEN. 222, AND PRIOR DECISIONS, TO THE EFFECT THAT THE EXPENSES INCURRED BY AN EMPLOYEE IN REPORTING TO HIS FIRST DUTY STATION MUST BE BORNE BY HIM.

THE FOLLOWING EXPLANATION OF THE CIRCUMSTANCES SURROUNDING THE TRAVEL PERFORMED BY THIS EMPLOYEE IS SUBMITTED BY YOU:

THE DECISION CITED DEALS WITH TRAVEL EXPENSES INCURRED BY NEWLY APPOINTED EMPLOYEES OF THE DEPARTMENT OF JUSTICE IN PROCEEDING FROM THE GENERAL HEADQUARTERS IN WASHINGTON, D.C., TO THEIR DUTY STATIONS IN THE FIELD, PRESUMABLY AT VARIOUS PLACES THROUGHOUT THE COUNTRY. IN THE CASE OF DEPUTY MADIGAN, THE EMPLOYEE WAS APPOINTED FOR FIELD DUTY GENERALLY WITHIN A RESTRICTED AREA, THE 18TH COLLECTION DISTRICT OF OHIO, AND AS A DEPUTY COLLECTOR OF INTERNAL REVENUE HE WAS AUTHORIZED BY LAW (SEC. 3172, R.S.) TO TRAVEL ON OFFICIAL BUSINESS ANYWHERE WITHIN THAT DISTRICT. THE HEADQUARTERS OF THE 18TH OHIO DISTRICT ARE AT CLEVELAND, WHERE THE COLLECTOR'S OFFICE IS LOCATED. STEUBENVILLE WAS DESIGNATED AS DEPUTY MADIGAN'S FIRST POST OF DUTY, BUT, AS IS CUSTOMARY IN THE INTERNAL REVENUE FIELD SERVICE, HE WAS DIRECTED TO REPORT FIRST TO THE COLLECTOR'S OFFICE AT CLEVELAND TO TAKE OATH OF OFFICE AND RECEIVE HIS CREDENTIALS AND CERTAIN INSTRUCTIONS. HE WAS THEN DIRECTED TO PROCEED TO CANTON FOR FURTHER INSTRUCTION IN THE OFFICE OF THE DIVISION CHIEF UNDER WHOSE IMMEDIATE SUPERVISION THE DEPUTY WAS TO OPERATE. THE DUTIES PERFORMED AT CLEVELAND AND CANTON WERE DIRECTLY CONNECTED WITH AND IN PREPARATION FOR THE DUTIES LATER PERFORMED AT STEUBENVILLE, AND IT MAY BE STATED IN THIS CONNECTION THAT DEPUTY COLLECTORS MAKE FREQUENT TRIPS ON OFFICIAL BUSINESS TO THE OFFICE OF THE DIVISION CHIEF AND TO THE COLLECTOR'S OFFICE.

IN THE ADMINISTRATIVE EXAMINATION OF THE ACCOUNT THIS OFFICE APPROVED THE EXPENSES OF TRANSPORTATION AND SUBSISTENCE INCURRED BY DEPUTY MADIGAN EN ROUTE FROM CLEVELAND TO STEUBENVILLE, BELIEVING THEM PROPERLY ALLOWABLE IN ACCORDANCE WITH 5 COMP. GEN. 804, WHICH STATES IN PART: ,WHERE, HOWEVER, AN EMPLOYEE'S HEADQUARTERS ARE NOT FIXED BY LAW OR BY THE TERMS OF HIS EMPLOYMENT AT A PARTICULAR PLACE AND HE IS APPOINTED FOR FIELD DUTY GENERALLY WITHIN A SPECIFIED DISTRICT, REPORTS FOR DUTY OR INSTRUCTION, AND TAKES THE OATH OF OFFICE AT THE HEADQUARTERS OF THAT DISTRICT, HIS ACTUAL AND NECESSARY EXPENSES OF TRAVEL BETWEEN SUCH HEADQUARTERS AND THE DUTY STATION TO WHICH SUBSEQUENTLY ASSIGNED * * * MAY BE REIMBURSED TO HIM TO THE EXTENT AUTHORIZED BY LAW AND REGULATIONS APPLICABLE THERETO.'

THE RULE CITED BY YOU FROM 5 COMP. GEN. 804 IS APPLICABLE ONLY WHEN AN EMPLOYEE HAS NO REGULAR POST OF DUTY WITHIN THE FIELD DISTRICT TO WHICH ASSIGNED, OTHER THAN THE HEADQUARTERS OF THAT DISTRICT, TO WHICH HE HAD REPORTED AT HIS OWN EXPENSE, AND MOVES FROM PLACE TO PLACE IN THE DISTRICT AS HIS OFFICIAL DUTIES MAY REQUIRE. IT APPEARS FROM THE RECORD IN THE PRESENT CASE THAT MADIGAN'S HEADQUARTERS HAVE BEEN OFFICIALLY FIXED AT STEUBENVILLE, WHICH IS THE HEADQUARTERS FROM WHICH HE ACTUALLY OPERATES IN THE PERFORMANCE OF HIS DUTIES IN THE FIELD. SUCH BEING THE CASE THE ESTABLISHED RULE REQUIRES THE EMPLOYEE TO PLACE HIMSELF AT THAT PLACE AT HIS OWN EXPENSE. 10 COMP. GEN. 222. UPON REVIEW THE SETTLEMENT MUST BE AND IS SUSTAINED.