B-162241, AUG. 29, 1967

B-162241: Aug 29, 1967

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TRAVELED TO NEW STATION BY AIR COACH USING TRANSPORTATION REQUEST VALUED AT $76.30 AND WHO WAS SEPARATED A SHORT TIME LATER WITHOUT HAVING SIGNED AN AGREEMENT TO REMAIN IN THE SERVICE FOR 12 MONTHS BECAUSE THE AGENCY AT THE TIME HAD NOT ISSUED REGULATIONS UNDER PUBLIC LAW 89-516 NEED NOT HAVE ACTION TAKEN TO RECOVER THE VALUE OF THE TRANSPORTATION SINCE THE TRAVEL COSTS IN THIS CASE WOULD HAVE BEEN ALLOWABLE HAD THE EMPLOYEE TRAVELED TO DETROIT ON TEMPORARY DUTY AND SINCE EMPLOYEE PERFORMED OFFICIAL DUTY IN DETROIT FOR 2-1/2 MONTHS. WHICH WAS EFFECTIVE OCTOBER 17. CHANDLER WAS INSTRUCTED TO REPORT FOR DUTY IN DETROIT ON OCTOBER 17. BECAUSE THE SECRET SERVICE HAD NOT PROMULGATED AGENCY REGULATIONS UNDER THAT PROVISION OF LAW AT THE TIME THE TRANSFER WAS EFFECTIVE.

B-162241, AUG. 29, 1967

EMPLOYEES - TRANSFER - PUBLIC LAW 89-516 - RECOVERY OF EXPENSES DECISION TO CERTIFYING OFFICER OF SECRET SERVICE RE REFUND OF TRAVEL EXPENSES INCIDENT TO TRANSFER. SECRET SERVICE EMPLOYEE WHO INCIDENT TO TRANSFER FROM SAN ANTONIO, TEXAS, TO DETROIT, MICHIGAN, TRAVELED TO NEW STATION BY AIR COACH USING TRANSPORTATION REQUEST VALUED AT $76.30 AND WHO WAS SEPARATED A SHORT TIME LATER WITHOUT HAVING SIGNED AN AGREEMENT TO REMAIN IN THE SERVICE FOR 12 MONTHS BECAUSE THE AGENCY AT THE TIME HAD NOT ISSUED REGULATIONS UNDER PUBLIC LAW 89-516 NEED NOT HAVE ACTION TAKEN TO RECOVER THE VALUE OF THE TRANSPORTATION SINCE THE TRAVEL COSTS IN THIS CASE WOULD HAVE BEEN ALLOWABLE HAD THE EMPLOYEE TRAVELED TO DETROIT ON TEMPORARY DUTY AND SINCE EMPLOYEE PERFORMED OFFICIAL DUTY IN DETROIT FOR 2-1/2 MONTHS.

TO MR. JOSEPH W. LEMONS:

WE REFER TO YOUR LETTER OF AUGUST 9, 1967, YOUR REFERENCE 300.0, CONCERNING THE LIABILITY OF MR. TOBY J. CHANDLER, A FORMER SPECIAL AGENT, UNITED STATES SECRET SERVICE, TREASURY DEPARTMENT, FOR REFUND OF THE AMOUNT PAID BY THE GOVERNMENT IN CONNECTION WITH HIS TRANSFER OF OFFICIAL STATION FROM SAN ANTONIO, TEXAS, TO DETROIT, MICHIGAN, WHICH WAS EFFECTIVE OCTOBER 17, 1966.

ON SEPTEMBER 29, 1966, MR. CHANDLER WAS INSTRUCTED TO REPORT FOR DUTY IN DETROIT ON OCTOBER 17, 1966. IN ACCORDANCE WITH THOSE INSTRUCTIONS HE PROCEEDED FROM SAN ANTONIO TO DETROIT BY AIR COACH USING A U.S. GOVERNMENT TRANSPORTATION REQUEST VALUED AT $76.30 TO PAY THE COST OF SUCH TRANSPORTATION. APPARENTLY THE GOVERNMENT HAS PAID NO OTHER COSTS IN CONNECTION WITH THAT TRANSFER. MR. CHANDLER DID NOT EXECUTE AN AGREEMENT TO REMAIN IN THE GOVERNMENT SERVICE FOR 12 MONTHS FOLLOWING HIS TRANSFER AS REQUIRED BY SECTION 28 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS ADDED BY THE ACT OF JULY 21, 1966, PUB. L. 89 516, 80 STAT. 325, BECAUSE THE SECRET SERVICE HAD NOT PROMULGATED AGENCY REGULATIONS UNDER THAT PROVISION OF LAW AT THE TIME THE TRANSFER WAS EFFECTIVE. MR. CHANDLER WAS SEPARATED EFFECTIVE DECEMBER 31, 1966.

THE TRANSPORTATION AGREEMENT REQUIRED BY SECTION 28 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, COVERS ALL COSTS INVOLVED IN AN EMPLOYEE'S TRANSFER OF OFFICIAL STATION INCLUDING THE COST OF THE EMPLOYEE'S TRAVEL. FURTHER, AN EMPLOYEE IS NOT ENTITLED TO PAYMENT OF THE COSTS INVOLVED IN HIS TRANSFER UNLESS AND UNTIL HE HAS EXECUTED THE REQUIRED AGREEMENT. SEE BUREAU OF THE BUDGET CIRCULAR NO. A-56, TRANSMITTAL MEMORANDUM NO. 6, JULY 26, 1966. HOWEVER, THE COSTS PAID BY THE GOVERNMENT IN THIS CASE WOULD HAVE BEEN ALLOWABLE HAD MR. CHANDLER TRAVELED FROM SAN ANTONIO TO DETROIT ON TEMPORARY DUTY AND MR. CHANDLER APPARENTLY PERFORMED OFFICIAL DUTY IN DETROIT FOR A PERIOD OF APPROXIMATELY 2-1/2 MONTHS.

IN VIEW OF THE PARTICULAR CIRCUMSTANCES OF THIS CASE WE WILL NOT OBJECT IF NO ACTION IS TAKEN TO COLLECT THE $76.30 PAID BY THE GOVERNMENT FOR MR. CHANDLER'S TRANSPORTATION FROM SAN ANTONIO TO DETROIT.