B-169215, MAR. 30, 1970

B-169215: Mar 30, 1970

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IS NONREIMBURSABLE SINCE GOODS WERE NEVER MOVED TO NEW STATION AND MOVE NOT COMPLETED UNTIL AFTER RESIGNATION. REIMBURSEMENT FOR SALE EXPENSES OF UNIONDALE RESIDENCE IS QUESTIONABLE AS SETTLEMENT DATE APPARENTLY WAS AUG. 15. WILLIAMS: THIS WILL REFER TO YOUR LETTER OF FEBRUARY 27 REQUESTING A DECISION AS TO WHETHER PAYMENT MAY BE AUTHORIZED FOR EXPENSES INCURRED BY MR. IN CONNECTION WITH THAT TRANSFER HE WAS AUTHORIZED REIMBURSEMENT OF TRAVEL AND TRANSPORTATION EXPENSES. MOVEMENT OF THE HOUSEHOLD GOODS IN QUESTION WAS EFFECTED BY TRANSFER ON SEPTEMBER 6. PROVIDES AS FOLLOWS: "WHEN THE OLD AND NEW POSTS OF DUTY ARE WITHIN DIFFERENT OFFICIAL STATIONS BUT ARE ONLY A SHORT DISTANCE APART AND WITHIN THE SAME GENERAL LOCAL OR METROPOLITAN AREA.

B-169215, MAR. 30, 1970

TRANSPORTATION--HOUSEHOLD EFFECTS--TRANSFERS--RESIGNATION OF EMPLOYEE- MOVE COMPLETED AFTER RESIGNATION AFTER TRANSFER FROM NEW YORK, N.Y; TO BOSTON, MASS; WHERE EMPLOYEE REPORTED AT NEW STATION AUG. 7, 1967, RESIGNING SEPT. 30, 1968, MOVEMENT OF HOUSEHOLD EFFECTS WITHIN UNIONDALE, N.Y; IS NONREIMBURSABLE SINCE GOODS WERE NEVER MOVED TO NEW STATION AND MOVE NOT COMPLETED UNTIL AFTER RESIGNATION, HENCE NOT INCIDENT TO TRANSFER UNDER APPLICABLE SEC. 1.3A, BUREAU OF BUDGET CIR. NO. A-56. REIMBURSEMENT FOR SALE EXPENSES OF UNIONDALE RESIDENCE IS QUESTIONABLE AS SETTLEMENT DATE APPARENTLY WAS AUG. 15, 1968, OVER 1 YEAR AFTER EFFECTIVE DATE OF TRANSFER AND PROHIBITED BY SEC. 4.1D, A-56.

TO MR. J. K. WILLIAMS:

THIS WILL REFER TO YOUR LETTER OF FEBRUARY 27 REQUESTING A DECISION AS TO WHETHER PAYMENT MAY BE AUTHORIZED FOR EXPENSES INCURRED BY MR. IRA C. FELDMAN FOR TRANSPORTATION AND STORAGE OF HOUSEHOLD GOODS.

MR. FELDMAN TRANSFERRED FROM NEW YORK, NEW YORK, TO BOSTON, MASSACHUSETTS, EFFECTIVE AUGUST 7, 1967. IN CONNECTION WITH THAT TRANSFER HE WAS AUTHORIZED REIMBURSEMENT OF TRAVEL AND TRANSPORTATION EXPENSES, INCLUDING MOVEMENT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS. MR. FELDMAN RESIGNED ON SEPTEMBER 30, 1968. MOVEMENT OF THE HOUSEHOLD GOODS IN QUESTION WAS EFFECTED BY TRANSFER ON SEPTEMBER 6, 1968, FROM WALNUT STREET IN UNIONDALE, NEW YORK, THROUGH STORAGE TO VALCOUR AVENUE IN UNIONDALE ON OCTOBER 6, 1968.

SUBSECTION 1.3A OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, AS REVISED OCTOBER 12, 1966, AND AMENDED BY TRANSMITTAL MEMORANDUM NO. 1, PROVIDES AS FOLLOWS:

"WHEN THE OLD AND NEW POSTS OF DUTY ARE WITHIN DIFFERENT OFFICIAL STATIONS BUT ARE ONLY A SHORT DISTANCE APART AND WITHIN THE SAME GENERAL LOCAL OR METROPOLITAN AREA, THE TRAVEL AND TRANSPORTATION EXPENSES AND APPLICABLE ALLOWANCES IN CONNECTION WITH THE EMPLOYEE'S RELOCATION OF HIS RESIDENCE MAY BE AUTHORIZED ONLY WHEN THE AGENCY DETERMINES THAT THE RELOCATION WAS INCIDENT TO THE TRANSFER OF OFFICIAL STATION. * * * CIRCUMSTANCES SURROUNDING A PARTICULAR CASE * * * MAY SUGGEST THAT THE MOVE OF RESIDENCE WAS NOT INCIDENT TO THE CHANGE OF OFFICIAL STATION." B-167171 (AUGUST 8, 1969), WE HELD THAT THE REQUIREMENT OF SUBSECTION 1.3A THAT AN EMPLOYEE MAY BE REIMBURSED EXPENSES OF MOVING HIS RESIDENCE ONLY WHEN THE MOVE IS THE RESULT OF A TRANSFER IS OF GENERAL APPLICATION AND NOT LIMITED TO TRANSFERS OF OFFICIAL STATION INVOLVING A SHORT DISTANCE. IN ANY CASE WHERE AN AGENCY FINDS THAT AN EMPLOYEE'S MOVE WAS NOT RELATED TO HIS TRANSFER,THE COSTS OF SUCH MOVE MAY NOT BE BORNE BY THE GOVERNMENT. SINCE, IN THIS CASE, THE HOUSEHOLD GOODS WERE NEVER MOVED TO THE NEW STATION, BUT WERE MOVED WITHIN THE SAME CITY MORE THAN A YEAR AFTER THE TRANSFER AND SINCE THE MOVE WAS NOT COMPLETED UNTIL AFTER THE EMPLOYEE RESIGNED, THE CONCLUSION WOULD APPEAR REQUIRED THAT THE TRANSFER OF HOUSEHOLD GOODS WAS NOT INCIDENT TO THE TRANSFER OF STATION AND HENCE IS NOT REIMBURSABLE.

WE NOTE THAT MR. FELDMAN HAS BEEN REIMBURSED AN AMOUNT OF $2,265.40 FOR BROKERAGE AND LEGAL FEES IN CONNECTION WITH THE SALE OF HIS WALNUT STREET RESIDENCE AT UNIONDALE, NEW YORK, "ON AUGUST 15, 1968." SUBSECTION 4.1D OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED (OCTOBER 12, 1966), REQUIRES THAT SETTLEMENT DATE FOR THE SALE OF REAL ESTATE FOR WHICH REIMBURSEMENT IS CLAIMED MUST BE NOT LATER THAN ONE YEAR AFTER THE DATE ON WHICH THE EMPLOYEE REPORTED FOR DUTY AT THE NEW OFFICIAL STATION. SINCE THE SALE HERE APPEARS TO HAVE BEEN SETTLED ON AUGUST 15, 1968, MORE THAN ONE YEAR AFTER MR. FELDMAN REPORTED FOR DUTY AT HIS NEW STATION ON AUGUST 7, 1967, REIMBURSEMENT OF HIS EXPENSES OF SALE IS OF QUESTIONABLE PROPRIETY.

WE NOTE, ALSO, THAT MR. FELDMAN WAS REIMBURSED $200 FOR MISCELLANEOUS EXPENSES. IN LIGHT OF THE CONCLUSION REACHED AS TO THE TRANSFER OF HIS HOUSEHOLD GOODS NOT BEING INCIDENT TO MR. FELDMAN'S TRANSFER OF STATION AND OF THE QUESTION RAISED AS TO WHETHER EXPENSES RELATED TO THE SALE OF HIS RESIDENCE ARE REIMBURSABLE, IT IS NOT CLEAR UPON WHAT BASIS PAYMENT OF THE MISCELLANEOUS EXPENSE ALLOWANCE WOULD BE AUTHORIZED.

AS THE ALLOWANCE OF THE ITEMS MENTIONED IS QUESTIONABLE, THE FULL RECORD IN RELATION TO MR. FELDMAN'S CHANGE OF STATION FROM NEW YORK TO BOSTON SHOULD BE REVIEWED AND COLLECTION ACTION INSTITUTED WITH REGARD TO ANY PAYMENTS TO HIM FOUND TO HAVE BEEN IMPROPERLY MADE.

WE WOULD APPRECIATE YOUR ADVICE AS TO THE ULTIMATE DETERMINATIONS REACHED.