A-56877, AUGUST 20, 1934, 14 COMP. GEN. 146

A-56877: Aug 20, 1934

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TRAVELING EXPENSES - TEMPORARY AND PERMANENT CHANGE OF STATION WHERE FACTS SHOW THE GOOD FAITH OF A TEMPORARY DETAIL OR ASSIGNMENT OF AN OFFICER OR EMPLOYEE TO A PLACE TO WHICH HIS REGULAR STATION IS THEREAFTER CHANGED. THAT AT THE TIME THE ORDER FOR TRAVEL ON TEMPORARY DUTY WAS ISSUED THERE WAS NO PURPOSE TO EFFECT A TRANSFER OR CHANGE IN REGULAR DUTY STATION. REIMBURSEMENT OF OTHERWISE PROPER EXPENSES INCIDENT TO SUCH TRAVEL IS AUTHORIZED. WHERE THE FACTS SHOW THAT THE REAL PURPOSE OF THE TRAVEL WAS TO EFFECT A CHANGE OF REGULAR DUTY STATION. THE TRANSFER WAS NOT "AUTHORIZED BY THE HEAD OF THE DEPARTMENT" IN AN "ORDER DIRECTING SUCH TRANSFER" PURSUANT TO THE REQUIREMENTS OF SECTION 2 OF THE ACT OF MARCH 3.

A-56877, AUGUST 20, 1934, 14 COMP. GEN. 146

TRAVELING EXPENSES - TEMPORARY AND PERMANENT CHANGE OF STATION WHERE FACTS SHOW THE GOOD FAITH OF A TEMPORARY DETAIL OR ASSIGNMENT OF AN OFFICER OR EMPLOYEE TO A PLACE TO WHICH HIS REGULAR STATION IS THEREAFTER CHANGED, AND THAT AT THE TIME THE ORDER FOR TRAVEL ON TEMPORARY DUTY WAS ISSUED THERE WAS NO PURPOSE TO EFFECT A TRANSFER OR CHANGE IN REGULAR DUTY STATION, REIMBURSEMENT OF OTHERWISE PROPER EXPENSES INCIDENT TO SUCH TRAVEL IS AUTHORIZED, BUT WHERE THE FACTS SHOW THAT THE REAL PURPOSE OF THE TRAVEL WAS TO EFFECT A CHANGE OF REGULAR DUTY STATION, AND THE TRANSFER WAS NOT "AUTHORIZED BY THE HEAD OF THE DEPARTMENT" IN AN "ORDER DIRECTING SUCH TRANSFER" PURSUANT TO THE REQUIREMENTS OF SECTION 2 OF THE ACT OF MARCH 3, 1933, 47 STAT. 1513, REIMBURSEMENT OF TRAVELING EXPENSES IS NOT AUTHORIZED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, AUGUST 20, 1934:

THERE HAS BEEN RESUBMITTED FOR PREAUDIT VOUCHER IN FAVOR OF MAURICE P. SHANER, SPECIAL AGENT, FOR $6.85 AS REIMBURSEMENT OF PER DIEM AND OTHER EXPENSES DURING THE PERIOD APRIL 20 TO 27, 1934, IN CONNECTION WITH THE TRAVEL BETWEEN CHICAGO, ILL., AND NEW YORK CITY. THIS TRAVEL WAS AUTHORIZED BY TRAVEL ORDER OF APRIL 20, 1934, AS FOLLOWS: MR. MAURICE P. SHANER,

SPECIAL AGENT FOR OIL ENFORCEMENT, DIVISION OF INVESTIGATIONS,

326 U.S. COURT HOUSE, CHICAGO, ILLINOIS.

DEAR MR. SHANER: YOU ARE DIRECTED TO PROCEED TO NEW YORK CITY (DISTRICT II) AND REPORT TO THE ACTING SPECIAL AGENT IN CHARGE AT THAT PLACE.

YOU WILL REMAIN ON TEMPORARY DUTY IN THE ABOVE-MENTIONED DISTRICT UNTIL FURTHER INSTRUCTIONS.

VERY TRULY YOURS,

(SIGNED) LOUIS R. GLAVIS,

DIRECTOR.

UNDER THE SAME DATE ADDITIONAL TRAVEL ORDERS WERE ISSUED TO THIS AGENT AS FOLLOWS: MR. MAURICE P. SHANER,

SPECIAL AGENT FOR OIL ENFORCEMENT DIVISION OF INVESTIGATIONS.

DEAR SIR: YOU ARE HEREBY AUTHORIZED TO TRAVEL FROM YOUR HEADQUARTERS LOCATED AT NEW YORK CITY TO AND FROM THE FOLLOWING-NAMED POINTS IN THE UNITED STATES, UPON OFFICIAL BUSINESS OF THIS DEPARTMENT, THE NATURE OF WHICH HAS BEEN COMMUNICATED TO YOU: SUCH POINTS IN DISTRICT II, EMBRACING THE STATES OF NEW YORK, NEW JERSEY, AND CONNECTICUT, AS YOUR OFFICIAL DUTIES AS SPECIAL AGENT FOR OIL ENFORCEMENT, DIVISION OF INVESTIGATIONS, MAY REQUIRE. YOU MAY USE YOUR PERSONAL AUTOMOBILE, REIMBURSEMENT THEREFOR TO BE AT THE RATE OF 5 CENTS PER MILE, IN ACCORDANCE WITH PARA. 12 (A), GOVERNMENT TRAVEL REGULATIONS.

TRAVEL MUST BE BY THE SHORTEST PRACTICABLE ROUTE AND WITHOUT UNNECESSARY DELAY, AND ROUND TRIP TICKETS MUST BE OBTAINED WHEREVER PRACTICABLE.

WHILE TRAVELING ON OFFICIAL DUTY AWAY FROM YOUR DESIGNATED HEADQUARTERS YOU WILL BE COMPENSATED FOR PERSONAL AND TRANSPORTATION EXPENSES AS SHOWN IN SECTIONS A AND C FOLLOWING:

A. IN LIEU OF SUBSISTENCE EXPENSES, NOT EXCEEDING $5.00 PER DIEM; NO PER DIEM TO BE ALLOWED WHILE AT HOME OR PLACE OF RESIDENCE.

B. WHILE TRAVELING ON OFFICIAL BUSINESS BEYOND THE LIMITS OF THE CONTINENTAL UNITED STATES YOU WILL BE ALLOWED, IN LIEU OF SUBSISTENCE EXPENSES, NOT EXCEEDING $ --------- PER DIEM; OR -------------------- ACTUAL SUBSISTENCE EXPENSES OF NOT EXCEEDING AN AVERAGE OF $ --------- PER DIEM.

C. YOU WILL ALSO BE REIMBURSED FOR YOUR ACTUAL AND NECESSARY TRANSPORTATION AND OTHER MISCELLANEOUS EXPENSES NOT PERSONAL, RAILROAD, STEAMBOAT, STAGE AND LIVERY FARES, TOLLS, FERRIAGE, ETC., INCLUDING NECESSARY SLEEPING AND PARLOR CAR ACCOMMODATIONS; STREET CAR, CAB, AND BUS FARES; BAGGAGE TRANSFERS AND CHECKING PARCELS.

TRAVELERS MUST PROVIDE THEMSELVES WITH COPIES OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, WHICH SHOW IN DETAIL THE NATURE AND EXTENT OF THE ABOVE ALLOWANCES.

THE EXPENSE ARISING FROM THIS AUTHORIZATION WILL BE CHARGEABLE TO THE APPROPRIATION FOR NATIONAL INDUSTRIAL RECOVERY ACT, INTERIOR, INVESTIGATIONS, 4-03/5640.20.

RESPECTFULLY,

(SIGNED.) LOUIS R. GLAVIS,

DIRECTOR.

COPIES FOR MR. BULLION.

IN REPLY TO THE PREAUDIT DIFFERENCE STATEMENT THE FOLLOWING EXPLANATION WAS SUBMITTED BY LETTER OF JULY 14, 1934, FROM THE ACTING DIRECTOR, DIVISION OF INVESTIGATIONS:

WITH FURTHER REFERENCE TO THE ACCOUNT OF MR. MAURICE P. SHANER, SPECIAL AGENT FOR OIL ENFORCEMENT IN THIS DIVISION, COVERING TRAVEL FROM CHICAGO, ILLINOIS, TO NEW YORK CITY DURING THE MONTH OF APRIL, 1934, AND IN ANSWER TO THE QUESTIONS RAISED BY YOU IN YOUR PREAUDIT DIFFERENCE STATEMENT OF JULY 12, 1934, YOU ARE INFORMED THAT WHILE IT WAS GENERALLY UNDERSTOOD THAT MR. SHANER WOULD NOT RETURN TO HIS OLD STATION AT CHICAGO, YET AT THE TIME HE WAS INSTRUCTED TO PROCEED TO NEW YORK, IT WAS NOT DEFINITELY KNOWN THAT NEW YORK WOULD BE HIS FUTURE OFFICIAL STATION. AS PREVIOUSLY STATED, SHORTLY AFTER MR. SHANER'S ARRIVAL IN NEW YORK, IT WAS DETERMINED BY THIS OFFICE TO ASSIGN HIM TO REGULAR DUTY IN THAT DISTRICT AND SUCH TRANSFER WAS APPROVED BY THE SECRETARY.

BECAUSE OF EMERGENCIES AND UNFORESEEN DEVELOPMENTS IN THE OIL ENFORCEMENT WORK OF THIS DIVISION, IT OFTEN BECOMES NECESSARY TO DIRECT A SPECIAL AGENT TO PROCEED IMMEDIATELY FROM ONE POST OF DUTY TO ANOTHER. IN THESE CASES, THIS DIVISION, IN ORDER TO MEET SUCH EMERGENCY NEED IN THE FIELD, DETAILS THE AGENT FOR TEMPORARY DUTY AT THE POINT WHERE HIS SERVICES ARE IN DEMAND AND IN SOME FEW CASES IT LATER DEVELOPS THAT HIS PRESENCE IN THAT PLACE IS REQUIRED MORE OR LESS PERMANENTLY AND A TRANSFER OF HEADQUARTERS IS THEN RECOMMENDED TO THE SECRETARY OF THIS DEPARTMENT. THE WORK OF THE DIVISION WILL BE CONSIDERABLY CIRCUMVENTED IF A RESTRICTION IS LAID UPON THIS OFFICE IN DETAILS OF THIS NATURE, AS YOU WILL READILY UNDERSTAND, SINCE AN APPROXIMATE PERIOD OF TWO WEEKS IS REQUIRED TO COMPLETE AN OFFICIAL TRANSFER OF HEADQUARTERS. AT THE EXPIRATION OF THAT TIME, IN ALL PROBABILITY, THE NEED FOR THE EMPLOYEE'S SERVICES AT THE POINT TO WHICH HE WAS TO BE SENT MAY HAVE BEEN DISSIPATED TO THE DETRIMENT OF THE SERVICE.

IT IS POSSIBLE, OF COURSE, THAT CONDITIONS MAY SOMETIMES ARISE NECESSITATING THE DETAIL OR ASSIGNMENT OF AN OFFICER OR EMPLOYEE FOR TEMPORARY DUTY AT A PLACE TO WHICH HIS REGULAR DUTY STATION MAY THEREAFTER BE CHANGED. AND IN SUCH CASES WHEN FACTS ARE SHOWN THAT THE TRANSACTION WAS IN GOOD FAITH AND THAT AT THE TIME THE ORDER FOR TRAVEL ON TEMPORARY DUTY WAS ISSUED THERE WAS NO PURPOSE TO EFFECT A TRANSFER OR CHANGE IN REGULAR DUTY STATION, REIMBURSEMENT OF OTHERWISE PROPER EXPENSES INCIDENT TO SUCH TRAVEL IS AUTHORIZED. BUT IT DOES NOT APPEAR THAT SUCH ARE THE FACTS IN THE PRESENT CASE. ON THE CONTRARY THE RECORD DISCLOSES THAT THE REAL PURPOSE OF THE TRAVEL WAS TO EFFECT A CHANGE OF REGULAR DUTY STATION FROM CHICAGO TO NEW YORK AND THAT SUCH PURPOSE WAS KNOWN TO THE EMPLOYEE. UNDER SUCH CIRCUMSTANCES, REIMBURSEMENT OF THE EXPENSES OF THE TRANSFER NOT HAVING BEEN "AUTHORIZED BY THE HEAD OF THE DEPARTMENT" IN AN "ORDER DIRECTING SUCH TRANSFER" PURSUANT TO THE REQUIREMENTS OF SECTION 2 OF THE ACT OF MARCH 3, 1933, 47 STAT. 1513, THE REFUSAL TO CERTIFY THE VOUCHER FOR PAYMENT MUST BE AND IS SUSTAINED.

ALSO, IT APPEARS FROM THE TRAVEL VOUCHER THAT THE TRAVELER USED OFFICIAL TRANSPORTATION REQUESTS I-180663 AND I-180664 FOR RAILROAD AND PULLMAN FARES COSTING $32.70 AND $8.35, RESPECTIVELY. A CHARGE WILL BE RAISED AGAINST THE EMPLOYEE FOR THE COST OF SUCH TRANSPORTATION, AND HE SHOULD BE INSTRUCTED TO DEPOSIT THESE AMOUNTS PROMPTLY IN ORDER TO AVOID THE WITHHOLDING FROM HIS COMPENSATION.