B-143361, AUG. 15, 1960

B-143361: Aug 15, 1960

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DURING WHICH TIME MISS TEDIN WAS ON DETAIL FROM HER HEADQUARTERS AT JUNEAU. WE UNDERSTAND THAT SIX PUBLIC HEALTH SERVICE EMPLOYEES WERE ASSIGNED TO THE IN-SERVICE TRAINING AT THE SEATTLE PUBLIC HEALTH SERVICE HOSPITAL AND EVIDENTLY RECEIVED REGULAR SALARY PAYMENTS NOT ONLY FOR THE TIME SPENT ON THE IN-SERVICE TRAINING AT THE HOSPITAL BUT ALSO FOR THE REGULAR DUTY HOURS SPENT TAKING COURSES AT THE UNIVERSITY. GEN. 96 THAT TRAINING PUBLIC HEALTH SERVICE PERSONNEL AT GOVERNMENT EXPENSE IN SUBJECTS SUCH AS HOSPITAL ADMINISTRATION WHICH ARE NOT EXPRESSLY RELATED TO THE FUNCTIONS OF THE PUBLIC HEALTH SERVICE PRESCRIBED IN SECTION 301 OF THE PUBLIC HEALTH SERVICE ACT OR OTHER PROVISIONS OF THE ACT RELATING THERETO IS NOT PROPER IN THE ABSENCE OF DEFINITE STATUTORY AUTHORIZATION FOR SUCH TRAINING.

B-143361, AUG. 15, 1960

TO THE SURGEON GENERAL, PUBLIC HEALTH SERVICE:

IN A LETTER DATED FEBRUARY 19, 1959, TO THE MEDICAL OFFICER IN CHARGE, PUBLIC HEALTH SERVICE HOSPITAL, DIVISION OF INDIAN HEALTH, MT. EDGECUMBE, ALASKA, OUR REGIONAL OFFICE AT SEATTLE, WASHINGTON, RAISED A QUESTION AS TO THE AUTHORITY FOR PAYMENT OF SALARY TO MISS MARLYS E. TEDIN, A FORMER EMPLOYEE OF THE PUBLIC HEALTH SERVICE, FOR THE PERIOD SEPTEMBER 23, 1955, TO MARCH 26, 1956, DURING WHICH TIME MISS TEDIN WAS ON DETAIL FROM HER HEADQUARTERS AT JUNEAU, ALASKA, AT SEATTLE, WASHINGTON, FOR AN IN-SERVICE TRAINING PROGRAM AT THE SEATTLE PUBLIC HEALTH SERVICE HOSPITAL, AND APPARENTLY ATTENDED THE UNIVERSITY OF WASHINGTON ON A FULL-TIME BASIS AT HER OWN EXPENSE AS PART OF THE PROGRAM. WE UNDERSTAND THAT SIX PUBLIC HEALTH SERVICE EMPLOYEES WERE ASSIGNED TO THE IN-SERVICE TRAINING AT THE SEATTLE PUBLIC HEALTH SERVICE HOSPITAL AND EVIDENTLY RECEIVED REGULAR SALARY PAYMENTS NOT ONLY FOR THE TIME SPENT ON THE IN-SERVICE TRAINING AT THE HOSPITAL BUT ALSO FOR THE REGULAR DUTY HOURS SPENT TAKING COURSES AT THE UNIVERSITY.

WE HELD IN 29 COMP. GEN. 96 THAT TRAINING PUBLIC HEALTH SERVICE PERSONNEL AT GOVERNMENT EXPENSE IN SUBJECTS SUCH AS HOSPITAL ADMINISTRATION WHICH ARE NOT EXPRESSLY RELATED TO THE FUNCTIONS OF THE PUBLIC HEALTH SERVICE PRESCRIBED IN SECTION 301 OF THE PUBLIC HEALTH SERVICE ACT OR OTHER PROVISIONS OF THE ACT RELATING THERETO IS NOT PROPER IN THE ABSENCE OF DEFINITE STATUTORY AUTHORIZATION FOR SUCH TRAINING. THEREFORE, WE WOULD APPRECIATE A REPORT IN REGARD TO THE EXTENT OF THE AUTHORITY OF THE PUBLIC HEALTH SERVICE DURING THE PERIOD HERE INVOLVED FOR IN-SERVICE OR OTHER TRAINING OF THE EMPLOYEES IN QUESTION; THE EXTENT TO WHICH THE COURSES AT THE UNIVERSITY WERE PART OF THE IN-SERVICE TRAINING PROGRAM; THE TYPE OF COURSES TAKEN AT THE UNIVERSITY AND THE PURPOSE FOR WHICH THEY WERE TAKEN; THE EXTENT TO WHICH SIMILAR TRAINING ALSO WAS AVAILABLE AT THE HOSPITAL IN THE EVENT THE EMPLOYEES HAD NOT ATTENDED THE UNIVERSITY AND THE STATUTORY AUTHORITY RELIED UPON FOR PAYMENT OF SALARY TO MISS TEDIN DURING THE TIME SHE ATTENDED COURSES AT THE UNIVERSITY. THIS REQUEST FOR CLARIFICATION SHOULD BE CONSIDERED IN CONJUNCTION WITH OUR REGIONAL MANAGER'S REQUEST OF AUGUST 2, 1960, COPY ATTACHED.

SINCE WE HAVE RECEIVED AN INQUIRY CONCERNING THIS MATTER FROM SENATOR E. L. BARTLETT, AN EARLY REPLY WILL BE APPRECIATED SO THAT THE ISSUE MAY BE RESOLVED AND THE SENATOR INFORMED OF THE DISPOSITION OF THE CASE.