B-123705, MAY 20, 1955
Highlights
STRAUN WAS EMPLOYED WITH THE SIUSLAW NATIONAL FOREST WITH HEADQUARTERS AT MAPLETON. WHICH SERVICE WAS TERMINATED DECEMBER 31. HE WAS GIVEN AN INDEFINITE APPOINTMENT EFFECTIVE JANUARY 3. THE TRAVEL IN QUESTION WAS PERFORMED OVER THE WEEKEND BETWEEN THE TWO APPOINTMENTS PURSUANT TO TRAVEL ORDER OF DECEMBER 30. THERE WAS NO BREAK IN SERVICE OF ANY WORKDAY. STRAUN FROM ONE ASSIGNMENT TO THE OTHER WAS MADE PRIOR TO THE TERMINATION ACTION TAKEN ON DECEMBER 31. THAT IT WAS THE ADMINISTRATIVE INTENT THAT THE TRANSFER BE AT GOVERNMENT EXPENSE. IT WAS HELD BY OUR OFFICE. DOES NOT RELATE MERELY TO CASES OF PERSONS HAVING A COMPETITIVE CIVIL SERVICE STATUS IN WHICH TRANSFERS ARE AUTHORIZED UNDER CIVIL SERVICE REGULATIONS.
B-123705, MAY 20, 1955
PRECIS-UNAVAILABLE
MR. H. R. WEISSENBORN:
YOUR LETTER OF APRIL 14, 1955, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH TRANSMITTED IN THE AMOUNT OF $236.91 COVERING TRAVELING EXPENSES, AND EXPENSES FOR TRANSPORTATION OF HOUSEHOLD EFFECTS, OF DONALD R. STRAUN, INCIDENT TO HIS TRANSFER FROM MAPLETON, OREGON, TO TWISP, WASHINGTON.
MR. STRAUN WAS EMPLOYED WITH THE SIUSLAW NATIONAL FOREST WITH HEADQUARTERS AT MAPLETON, OREGON, WHICH SERVICE WAS TERMINATED DECEMBER 31, 1954. HE WAS GIVEN AN INDEFINITE APPOINTMENT EFFECTIVE JANUARY 3, 1955, ON THE CHELAN NATIONAL FOREST WITH HEADQUARTERS AT TWISP, WASHINGTON. THE TRAVEL IN QUESTION WAS PERFORMED OVER THE WEEKEND BETWEEN THE TWO APPOINTMENTS PURSUANT TO TRAVEL ORDER OF DECEMBER 30, 1954, BUT THERE WAS NO BREAK IN SERVICE OF ANY WORKDAY. YOUR LETTER STATES THAT ADMINISTRATIVE DECISION TO TRANSFER MR. STRAUN FROM ONE ASSIGNMENT TO THE OTHER WAS MADE PRIOR TO THE TERMINATION ACTION TAKEN ON DECEMBER 31, 1954, AND THAT IT WAS THE ADMINISTRATIVE INTENT THAT THE TRANSFER BE AT GOVERNMENT EXPENSE.
IN 27 COMP. GEN. 757, IT WAS HELD BY OUR OFFICE, QUOTING FROM THE SYLLABUS:
"THE TERM 'TRANSFER' AS USED IN SECTION 1 OF THE ADMINISTRATIVE EXPENSE STATUTE OF AUGUST 2, 1946, AUTHORIZING THE PAYMENT OF TRAVELING AND TRANSPORTATION EXPENSES OF CIVILIAN OFFICERS AND EMPLOYEES ON 'TRANSFER FROM ONE DEPARTMENT TO ANOTHER' UNDER CERTAIN CONDITIONS, DOES NOT RELATE MERELY TO CASES OF PERSONS HAVING A COMPETITIVE CIVIL SERVICE STATUS IN WHICH TRANSFERS ARE AUTHORIZED UNDER CIVIL SERVICE REGULATIONS, BUT INCLUDES ALL BONA FIDE CHANGES OF EMPLOYMENT BETWEEN DEPARTMENTS SO AS TO AUTHORIZE PAYMENT IN SUCH CASES, PROVIDED THE SERVICE IN THE TWO AGENCIES IS CONTINUOUS AND ALL STATUTORY REQUIREMENTS AND REGULATIONS ARE COMPLIED WITH."
SEE ALSO 34 COMP. GEN. 204.
AS THERE WAS NO BREAK IN SERVICE OF ONE OR MORE WORKDAYS BETWEEN THE TWO APPOINTMENTS THE RATIONALE OF THE ABOVE DECISIONS APPEARS PROPERLY FOR APPLICATION HERE. THE FACT THAT THE TRAVEL WAS PERFORMED ON NONWORKDAYS BETWEEN TWO APPOINTMENTS IS NOT MATERIAL.
THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.