B-124277, JUNE 30, 1955, 34 COMP. GEN. 719

B-124277, JUNE 30, 1955, 34 COMP. GEN. 719

OFFICERS AND EMPLOYEES - TRAINING - APPROPRIATIONS AVAILABILITY - SALARY AND EXPENSES IN THE ABSENCE OF SPECIFIC STATUTORY AUTHORITY, APPROPRIATIONS FOR THE CIVIL SERVICE COMMISSION ARE NOT AVAILABLE FOR PAYING THE SALARY, TRAVEL EXPENSES AND SUBSISTENCE OF AN EMPLOYEE SELECTED TO ATTEND A MANAGEMENT COURSE WHICH IS NOT ESSENTIAL TO THE FUNCTIONS VESTED BY LAW IN THE COMMISSION, EVEN THOUGH SUCH ATTENDANCE MIGHT ULTIMATELY RESULT IN INTERNAL MANAGEMENT IMPROVEMENT.

COMPTROLLER GENERAL CAMPBELL TO THE CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION, JUNE 30, 1955:

YOUR LETTER OF JUNE 10, 1955, REQUESTS A DECISION AS TO WHETHER THE CIVIL SERVICE COMMISSION MAY PAY THE SALARY, TRAVEL AND SUBSISTENCE OF AN EMPLOYEE OF THE COMMISSION WHO MAY BE ACCEPTED UPON THE COMMISSION'S RECOMMENDATION FOR ATTENDANCE AT THE MANAGEMENT COURSE OF THE AMERICAN MANAGEMENT ASSOCIATION.

THE MANAGEMENT COURSE IS STATED TO CONSIST OF INTENSIVE INSTRUCTION AND PRACTICE IN THE PRINCIPLES, SKILLS AND TOOLS OF MANAGEMENT, AND IS CONDUCTED BY EXPERIENCED OPERATING EXECUTIVES. THE COURSE IS DESIGNED ESPECIALLY FOR SEASONED EXECUTIVES WHO WISH TO STRENGTHEN THEIR PERFORMANCE IN PRESENT RESPONSIBILITIES AND TO PREPARE THEMSELVES FOR BROADER AUTHORITY. IT IS PRESENTED IN FOUR UNITS OF ONE WEEK (FIVE DAYS) EACH AND MAY BE TAKEN IN CONSECUTIVE WEEKS OR INTERMITTENTLY OVER A PERIOD OF 18 MONTHS. ALUMNI OF THE AMERICAN MANAGEMENT ASSOCIATION'S MANAGEMENT COURSE ARE OFFERING APPROXIMATELY EIGHT SCHOLARSHIPS (COVERING THE TUITION OF $750) TO TOP-LEVEL FEDERAL EMPLOYEES. THE LITERATURE ENTITLED " ANNOUNCEMENT OF SCHOLARSHIPS" TRANSMITTED WITH YOUR LETTER ADVISES THAT IN UNUSUAL CIRCUMSTANCES THE SCHOLARSHIPS ALSO MAY BE USED TO DEFRAY PER DIEM AND TRAVEL EXPENSES (AT STANDARD RATES) FOR THOSE EMPLOYEES SELECTED FROM AGENCIES WHICH DO NOT HAVE AUTHORITY TO PAY TRAVEL AND PER DIEM IN CONNECTION WITH SUCH TRAINING.

YOU REFER TO EXECUTIVE ORDER NO. 10452 OF MAY 1, 1953, WHICH VESTS IN THE COMMISSION RESPONSIBILITY FOR A PROGRAM DESIGNED TO RAISE THE LEVEL OF EFFECTIVENESS OF PERSONNEL MANAGEMENT IN THE EXECUTIVE DEPARTMENTS AND AGENCIES, IMPROVE CIVILIAN PERSONNEL-MANAGEMENT SYSTEMS, AND BRING ABOUT PROPER COORDINATION IN PERSONNEL MANAGEMENT AMONG THE EXECUTIVE DEPARTMENTS AND AGENCIES. WE HAVE BEEN ADVISED INFORMALLY BY REPRESENTATIVES OF THE COMMISSION, HOWEVER, THAT THE PRIMARY OBJECTIVE HOPED TO BE ACHIEVED FROM THE DESIGNATION OF A COMMISSION EMPLOYEE TO ATTEND THE MANAGEMENT COURSE IS THE ULTIMATE IMPROVEMENT OF THE INTERNAL MANAGEMENT ORGANIZATION OF THE COMMISSION. WE UNDERSTAND THAT THE ATTENDANCE AT SUCH COURSE IS NOT DEEMED NECESSARY TO, AND ONLY REMOTELY CONCERNS, THE PERFORMANCE OF THE FUNCTIONS VESTED IN YOUR COMMISSION UNDER EXECUTIVE ORDER NO. 10452.

IN THE ABSENCE OF SPECIFIC STATUTORY AUTHORITY, THE VARIOUS DEPARTMENTS AND AGENCIES OF THE GOVERNMENT MAY AUTHORIZE OR ASSIGN EMPLOYEES TO ATTEND COURSES OF INSTRUCTION OR TRAINING BY NON-FEDERAL ORGANIZATIONS AND PAY THEIR SALARIES AND EXPENSES INCIDENT TO SUCH ATTENDANCE ONLY WHEN IT CAN BE SHOWN THAT THE PARTICULAR TRAINING INVOLVED (1) IS SPECIAL IN NATURE AND IS FOR A PERIOD OF LIMITED DURATION, (2) IS ESSENTIAL TO CARRY OUT THE PURPOSES FOR WHICH THE APPROPRIATION WAS MADE, AND (3) IS NOT OF A TYPE WHICH THE EMPLOYEE NORMALLY WOULD BE EXPECTED TO ATTEND AT HIS OWN EXPENSE. SEE DECISION OF MAY 25, 1955, B-122713, 34 COMP. GEN. 631. WHILE YOU DO NOT CITE THE APPROPRIATION PROPOSED TO BE CHARGED WITH THE ENUMERATED ITEMS, WE ASSUME THAT THEY WILL BE CHARGED TO YOUR GENERAL APPROPRIATION FOR SALARIES AND EXPENSES. THAT APPROPRIATION CONTAINS NO LANGUAGE SUGGESTING THAT IT IS AVAILABLE FOR EXPENSES (INCLUDING SALARIES) OF EMPLOYEES DESIGNATED TO ATTEND COURSES OF INSTRUCTION OR TRAINING CONDUCTED BY NONGOVERNMENTAL INSTITUTIONS. WHILE ATTENDANCE AT THE MANAGEMENT COURSE MIGHT ULTIMATELY RESULT IN THE IMPROVEMENT OF YOUR INTERNAL MANAGEMENT ORGANIZATION, SUCH FACT DOES NOT RENDER ATTENDANCE AT THE COURSE ESSENTIAL TO THE PROPER PERFORMANCE OF THE DUTIES AND FUNCTIONS VESTED IN YOUR COMMISSION BY LAW.