B-143118, JULY 13, 1960, 40 COMP. GEN. 12

B-143118: Jul 13, 1960

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PAYMENT FOR TRAINING EXPENSES OF AN EMPLOYEE WHO WAS UNDERGOING TRAINING PRIOR TO BOTH THE REQUEST FOR AND THE ADMINISTRATIVE APPROVAL OF THE REQUEST FOR TRAINING AND WHO WAS NOT REQUIRED TO EXECUTE A WRITTEN AGREEMENT MUST BE DENIED. THE DOUBT PROMPTING YOUR REQUEST FOR DECISION ARISES FROM THE FACT THAT THE EMPLOYEE CONTRACTED FOR THE TRAINING AND WAS. IT APPEARS WRITTEN AGREEMENT WAS NOT OBTAINED FROM THE EMPLOYEE. - AND WE ARE NOT AWARE OF ANY SUCH PROVISION. THIS CONCLUSION IS IN ACCORDANCE WITH THE REGULATIONS APPEARING IN SECTION 734.12 OF THE POSTAL MANUAL. WHICH IS RETURNED HEREWITH.

B-143118, JULY 13, 1960, 40 COMP. GEN. 12

CIVILIAN EMPLOYEES - TRAINING - ADMINISTRATIVE AUTHORIZATION - WRITTEN AGREEMENTS - RETROACTIVE COMPLIANCE THE REQUIREMENT IN SECTION 11A OF THE GOVERNMENT EMPLOYEES TRAINING ACT THAT EMPLOYEES SELECTED FOR TRAINING IN NON-GOVERNMENT FACILITIES SHALL, PRIOR TO SUCH ASSIGNMENT FOR TRAINING, ENTER INTO WRITTEN AGREEMENTS IMPLIES AN ADVANCE AUTHORIZATION FOR SUCH TRAINING BY AN APPROPRIATE ADMINISTRATIVE OFFICIAL PRIOR TO THE TRAINING AND, IN THE ABSENCE OF AUTHORITY FOR RETROACTIVE APPROVAL OF SUCH TRAINING, PAYMENT FOR TRAINING EXPENSES OF AN EMPLOYEE WHO WAS UNDERGOING TRAINING PRIOR TO BOTH THE REQUEST FOR AND THE ADMINISTRATIVE APPROVAL OF THE REQUEST FOR TRAINING AND WHO WAS NOT REQUIRED TO EXECUTE A WRITTEN AGREEMENT MUST BE DENIED.

TO R. C. DONATELLI, POST OFFICE DEPARTMENT, JULY 13, 1960:

ON JUNE 7, 1960, THE ASSISTANT CONTROLLER FOR ACCOUNTING, BUREAU OF FINANCE, FORWARDED YOUR LETTER OF THE SAME DATE (YOUR REFERENCE MTS: INH: AMQ) REQUESTING OUR DECISION CONCERNING THE PROPRIETY OF CERTIFYING FOR PAYMENT A VOUCHER TRANSMITTED THEREWITH FOR $121.50 IN FAVOR OF MR. RICHARD R. CANDY, COVERING TUITION, TEXT BOOKS, AND EQUIPMENT INCIDENT TO A PERIOD OF TRAINING IN EXCESS OF 40 HOURS AT TEMPLE UNIVERSITY TECHNICAL INSTITUTE.

THE DOUBT PROMPTING YOUR REQUEST FOR DECISION ARISES FROM THE FACT THAT THE EMPLOYEE CONTRACTED FOR THE TRAINING AND WAS, IN FACT, UNDERGOING SUCH TRAINING PRIOR TO BOTH THE REQUEST FOR THE APPROVAL OF THE REQUEST FOR TRAINING BY THE APPROPRIATE ADMINISTRATIVE OFFICIALS. ALSO, IT APPEARS WRITTEN AGREEMENT WAS NOT OBTAINED FROM THE EMPLOYEE.

SECTION 11A OF THE GOVERNMENT EMPLOYEES TRAINING ACT, JULY 7, 1958, 72 STAT. 332, 5 U.S.C. 2310 (A), PROVIDES THAT EACH EMPLOYEE SELECTED FOR TRAINING IN OR THROUGH A NON-GOVERNMENT FACILITY ,SHALL, PRIOR TO HIS ACTUAL ASSIGNMENT FOR SUCH TRAINING, ENTER INTO A WRITTEN AGREEMENT * * *. NO EMPLOYEE SELECTED FOR SUCH TRAINING SHALL BE ASSIGNED THERETO UNLESS HE HAS ENTERED INTO SUCH AGREEMENT.' THE REQUIREMENT FOR A WRITTEN AGREEMENT PRIOR TO ASSIGNMENT FOR TRAINING IN A NON-GOVERNMENT FACILITY NECESSARILY IMPLIES AN ADVANCE AUTHORIZATION FOR SUCH TRAINING BY AN APPROPRIATE ADMINISTRATIVE OFFICIAL PRIOR TO THE COMMENCEMENT THEREOF. IN THE ABSENCE OF SOME PROVISION IN THE ACT OR IN THE REGULATIONS OF THE CIVIL SERVICE COMMISSION EXPRESSLY AUTHORIZING RETROACTIVE APPROVAL OF TRAINING IN LIEU OF AN ADVANCE AUTHORIZATION THEREFOR AND DISPENSING WITH THE REQUIREMENT FOR THE EXECUTION OF AN AGREEMENT--- AND WE ARE NOT AWARE OF ANY SUCH PROVISION--- PAYMENT OF EXPENSES OF SUCH TRAINING WOULD BE UNAUTHORIZED. THIS CONCLUSION IS IN ACCORDANCE WITH THE REGULATIONS APPEARING IN SECTION 734.12 OF THE POSTAL MANUAL, WHICH SAYS "COURSES WHICH REQUIRE PAYMENT OF TUITION, REGISTRATION, OR INSTRUCTION FEES BY THE DEPARTMENT MUST BE APPROVED PRIOR TO ENROLLMENT OF TRAINEES OR ENGAGEMENT OF INSTRUCTORS.'

FOR THE REASONS STATED ABOVE THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.