B-168284, DEC. 2, 1969

B-168284: Dec 2, 1969

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FURTHER INFORMATION IS NECESSARY REGARDING OCCUPANCY OF FIRST APARTMENT CLAIMED AS TEMPORARY QUARTERS. MISCELLANEOUS EXPENSES ALLOWANCE IS NOT PAYABLE ON PRESENT RECORD SINCE THERE IS NO INDICATION OF COSTS INCURRED AS SPECIFICALLY PROVIDED BY SEC. 3.1 OF BUREAU OF BUDGET CIR. MANSFIELD WAS ON LEAVE (WITHOUT PAY) FROM JULY 18 TO SEPTEMBER 15. MANSFIELD'S FAMILY AND HOUSEHOLD GOODS REMAINED IN THE RESIDENCE AT BUENA VISTA AND THAT IT IS UNCERTAIN WHETHER THEY WILL EVER MOVE TO PUEBLO. IS IT NECESSARY TO BE MOVED FROM A PLACE OF LODGING INTO PERMANENT QUARTERS WITHIN THE 30-DAY OR 60-DAY PERIOD IN ORDER FOR THE LODGING TO QUALIFY AS TEMPORARY QUARTERS? "3. MANSFIELD IS TRANSFERRED BACK TO THE LEADVILLE.

B-168284, DEC. 2, 1969

OFFICERS AND EMPLOYEES--TRANSFERS--RELOCATION EXPENSES--TEMPORARY QUARTERS--EVIDENCE UNDER TRAVEL AUTHORIZATION PROVIDING FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE, TRANSPORTATION OF HOUSEHOLD GOODS AND SUBSISTENCE EXPENSES WHILE OCCUPYING TEMPORARY QUARTERS INCIDENT TO CHANGE OF STATION, BECAUSE EMPLOYEE'S FAMILY DID NOT ACCOMPANY HIM TO NEW DUTY STATION, REMAINING IN RESIDENCE AT OLD OFFICIAL STATION, FURTHER INFORMATION IS NECESSARY REGARDING OCCUPANCY OF FIRST APARTMENT CLAIMED AS TEMPORARY QUARTERS, REASONS FOR MOVING INTO SECOND APARTMENT AND WHETHER EMPLOYEE SPENT WEEKENDS AT OLD OFFICIAL STATION WITH FAMILY, BEFORE PAYMENT OF VOUCHERS CAN BE AUTHORIZED. MISCELLANEOUS EXPENSES ALLOWANCE IS NOT PAYABLE ON PRESENT RECORD SINCE THERE IS NO INDICATION OF COSTS INCURRED AS SPECIFICALLY PROVIDED BY SEC. 3.1 OF BUREAU OF BUDGET CIR. NO. A-56.

TO MR. HAROLD J. FARRALL:

YOUR LETTER OF OCTOBER 30, 1969, REFERENCE 7-360, REQUESTS OUR ADVANCE DECISION WHETHER THE EXPENSES CLAIMED IN THE SUM OF $376.03 ON THE ENCLOSED VOUCHER MAY BE CERTIFIED FOR PAYMENT TO MR. BILLIE E. MANSFIELD AT THIS TIME INCIDENT TO THE TRASFER OF HIS OFFICIAL STATION FROM SUGAR LOAF DAMSITE, NEAR LEADVILLE, COLORADO (RESIDENCE AT BUENA VISTA, COLORADO), TO PUEBLO, COLORADO, UNDER TRAVEL AUTHORIZATION NO. FAP-14-69 DATED SEPTEMBER 4, EFFECTIVE SEPTEMBER 22, 1968.

BY AGREEMENT DATED SEPTEMBER 1, 1968, MR. MANSFIELD ACCEPTED THE TRANSFER IN CONSIDERATION OF PAYMENT BY THE GOVERNMENT OF TRAVEL, TRANSPORTATION AND OTHER MOVING EXPENSES AS MAY BE ALLOWABLE UNDER THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED BY PUBLIC LAW 89-516, 5 U.S.C. 5724 AND 5724A, AND BUREAU OF THE BUDGET REGULATIONS THEREUNDER (CIRCULAR NO. A-56 REVISED). THE TRAVEL AUTHORIZATION PROVIDED FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE, TRASNPORTATION OF HOUSEHOLD GOODS, SUBSISTENCE EXPENSES FOR 30 DAYS WHILE OCCUPYING TEMPORARY QUARTERS LESS THE TIME ACTUALLY USED (NOT TO EXCEED 6 DAYS) FOR A ROUND TRIP BETWEEN THE OLD AND NEW OFFICIAL STATIONS TO SEEK PERMANENT RESIDENCE QUARTERS.

THE COPIES OF DOCUMENTS WITH THE VOUCHER SHOW THAT MR. MANSFIELD WAS ON LEAVE (WITHOUT PAY) FROM JULY 18 TO SEPTEMBER 15. HE RETURNED TO DUTY STATUS ON SEPTEMBER 16 TO BEGIN HIS AUTHORIZED ROUND-TRIP TRAVEL FROM BUENA VISTA TO SEEK A RESIDENCE AT PUEBLO. IT APPEARS THAT HIS WIFE DID NOT ACCOMPANY HIM ON THAT TRIP AND NO MEMBER OF HIS FAMILY WENT WITH HIM WHEN HE PERFORMED HIS TRANSFER TRAVEL ON SEPTEMBER 22.

YOU SAY THAT MR. MANSFIELD'S FAMILY AND HOUSEHOLD GOODS REMAINED IN THE RESIDENCE AT BUENA VISTA AND THAT IT IS UNCERTAIN WHETHER THEY WILL EVER MOVE TO PUEBLO. HOWEVER, UNDER ITEM 12 OF HIS TRAVEL AUTHORIZATION AND SECTION 2.5 OF CIRCULAR NO. A-56 HE CLAIMS TEMPORARY LODGING AND SUBSISTENCE EXPENSES IN THE AMOUNT OF $209.29 FOR 27-1/2 DAYS OF HIS 29 DAYS OCCUPANCY OF A RENTED APARTMENT FROM WHICH HE MOVED TO A SIMILAR TYPE OF APARTMENT WHICH HE STILL OCCUPIES WITHOUT HIS FAMILY AND HOUSEHOLD GOODS. HE ALSO CLAIMS THE MISCELLANEOUS EXPENSES ALLOWANCE OF $100 AUTHORIZED BY SECTION 3.2A (1) (A) OF CIRCULAR NO. A 56.

IN VIEW OF THE FOREGOING YOU ASK THE FOLLOWING QUESTIONS:

"1. CAN THE ATTACHED CLAIM BE PAID NOW?

"2. IS IT NECESSARY TO BE MOVED FROM A PLACE OF LODGING INTO PERMANENT QUARTERS WITHIN THE 30-DAY OR 60-DAY PERIOD IN ORDER FOR THE LODGING TO QUALIFY AS TEMPORARY QUARTERS?

"3. IF PAYMENT HAD BEEN MADE FOR TEMPORARY LODGING AND SUBSISTENCE, AND IT DEVELOPED LATER THAT THE OTHER MEMBERS OF THE FAMILY NEVER DID MOVE TO PUEBLO, WOULD A REFUND FROM THE EMPLOYEE BE REQUIRED?

"4. IF MR. MANSFIELD IS TRANSFERRED BACK TO THE LEADVILLE, COLORADO BUENA VISTA, COLORADO AREA BEFORE HIS FAMILY MOVES TO PUEBLO, COLORADO, WOULD HE BE ENTITLED TO (1) MISCELLANEOUS EXPENSE, AND (2) TEMPORARY LODGING AND SUBSISTENCE?

ASSUMING THAT THE DISTANCES CLAIMED ARE CORRECT, THE AMOUNTS OF $11.50 FOR THE TRANSFER TRAVEL ON SEPTEMBER 22 AND $55.24 FOR THE AUTHORIZED ROUND TRIP, SEPTEMBER 16 TO 18, TO SEEK HOUSING IN PUEBLO MAY BE ALLOWED ON THE SUBMITTED VOUCHER.

AS TO THE AMOUNT OF $209.29, SECTION 2.5B (3) OF CIRCULAR NO. A-56 PROVIDES:

"TEMPORARY QUARTERS REFER TO LODGING OBTAINED TEMPORARILY, AFTER A TRANSFER HAS BEEN AUTHORIZED OR APPROVED AND AFTER THE EMPLOYEE AND/OR MEMBERS OF HIS IMMEDIATE FAMILY VACATE THE RESIDENCE QUARTERS IN WHICH THEY WERE RESIDING AT THE TIME OF THE TRANSFER, UNTIL THE EMPLOYEE MOVES, WITHIN THE ALLOWABLE 30 OR 60 DAYS' TIME LIMIT, INTO PERMANENT RESIDENCE QUARTERS.'

THE TERM "TEMPORARY QUARTERS" IS VIEWED GENERALLY AS APPLICABLE TO TRANSIENT-TYPE QUARTERS THAT ARE OCCUPIED BY AN EMPLOYEE AND/OR HIS FAMILY PENDING THE ARRIVAL OF THEIR HOUSEHOLD GOODS. IN SOME CASES WE HAVE CONSIDERED AN OCCUPANCY OF SUCH QUARTERS FOR MORE THAN 30 DAYS AND THE CIRCUMSTANCES THEREOF TO HAVE JUSTIFIED A DETERMINATION THAT THERE WAS A USE OF TEMPORARY QUARTERS.

WE HAVE NOTED MR. MANSFIELD'S "TEMPORARY QUARTERS CERTIFICATION" ON THE ADMINISTRATIVE FORM DATED OCTOBER 14, 1969, TO THE EFFECT THAT THE PERIOD FROM SEPTEMBER 23 TO OCTOBER 20, 1968 -- INCLUDING FOUR WEEKENDS -- WAS THE MINIMUM TIME NEEDED TO ENABLE HIM TO OBTAIN AND OCCUPY PERMANENT LIVING QUARTERS. SUCH A FORMAL STATEMENT GENERALLY MAY BE AN ACCEPTABLE EXPLANATION. HOWEVER, IN THIS CASE, WE BELIEVE A FURTHER EXPLANATION SHOULD BE OBTAINED FROM MR. MANSFIELD AS TO WHAT HIS INTENTIONS WERE WHEN HE MOVED INTO THE FIRST APARTMENT AND HIS REASON FOR MOVING INTO THE SECOND APARTMENT. IF SUCH FURTHER EXPLANATION APPEARS ACCEPTABLE AND HAVING REGARD FOR THE RELATIVELY SHORT DISTANCE BETWEEN PUEBLO AND BUENA VISTA, MR. MANSFIELD SHOULD BE ASKED IF HE SPENT THE WEEKENDS IN BUENA VISTA WITH HIS FAMILY AND IF SO HIS JUSTIFICATION FOR CLAIMING MEAL EXPENSES ON SUCH DAYS.

REGARDING THE $100 MISCELLANEOUS EXPENSES ALLOWANCE, THE PURPOSE THEREOF IS FOR DEFRAYING VARIOUS CONTINGENT COSTS ASSOCIATED WITH DISCONTINUING A RESIDENCE AT ONE LOCATION AND ESTABLISHING A RESIDENCE AT THE NEW STATION. WE FIND NO INDICATION THAT MR. MANSFIELD INCURRED ANY OF THE COSTS SPECIFIED IN SECTION 3.1 OF CIRCULAR NO. A-56, AS BEING COVERED BY THE MISCELLANEOUS EXPENSES ALLOWANCE. THEREFORE, NO SUCH ALLOWANCE IS PAYABLE ON THE PRESENT RECORD. IF HE IS ABLE TO SHOW THAT HE HAS INCURRED SOME EXPENSE OF THAT NATURE HE WOULD BE ENTITLED TO PAYMENT OF THE MINIMUM $100 ALLOWANCE AS AN EMPLOYEE WITHOUT FAMILY.

THE FOREGOING ANSWERS YOUR FIRST AND SECOND QUESTIONS QUOTED ABOVE.

AS TO QUESTION 3 WE NOTE THAT PAYMENT OF A TEMPORARY QUARTERS AND SUBSISTENCE ALLOWANCE FOR AN EMPLOYEE ALONE IS NOT DEPENDENT ON WHETHER HIS FAMILY DID OR DID NOT MOVE TO THE NEW STATION.

CONCERNING QUESTION 4 THERE WOULD APPEAR TO BE NO NECESSITY FOR TEMPORARY LODGING AND SUBSISTENCE ASSUMING THAT HE MOVED BACK INTO HIS FAMILY RESIDENCE AND COMMUTED TO LEADVILLE ON A DAILY BASIS. THE PAYMENT OF A MISCELLANEOUS EXPENSES ALLOWANCE ($100) WOULD DEPEND ON WHETHER HE INCURRED ANY OF THE EXPENSES COVERED THEREBY.

THE VOUCHER IS RETURNED HEREWITH FOR HANDLING IN ACCORDANCE WITH THE FOREGOING.