B-184982, OCT 13, 1976

B-184982, OCT 13, 1976

EMPLOYEE ON TEMPORARY DUTY LEFT PERSONAL FUNDS WITH GOVERNMENT OFFICE AS SECURITY DEPOSIT TO OBTAIN RELEASE OF GOVERNMENT'S TRAILER FROM COMMERCIAL TRAILER COURT. $135 OF THE SECURITY WAS PAID BY THE OFFICE TO TRAILER COURT OWNER. GENERAL RULE IS THAT EMPLOYEE CANNOT PAY PUBLIC OBLIGATIONS FROM PERSONAL FUNDS, BUT EXCEPTIONS ARE RECOGNIZED WHERE NECESSITY IS SHOWN IN UNFORESEEN AND URGENT CIRCUMSTANCES. HERE, CIRCUMSTANCES DID NOT REQUIRE PAYMENT OF PERSONAL FUNDS AND DO NOT JUSTIFY AN EXCEPTION TO GENERAL RULE.

WILLIAM SCHERRER - REIMBURSEMENT FOR PAYMENT OF PERSONAL FUNDS:

THIS ACTION IS IN RESPONSE TO A REQUEST DATED SEPTEMBER 11, 1975, BY J. L. LOUCKS, AN AUTHORIZED CERTIFYING OFFICER OF THE DEPARTMENT OF THE INTERIOR, FOR A DETERMINATION OF THE PROPRIETY OF REIMBURSING MR. WILLIAM SCHERRER, AN EMPLOYEE OF THE NATIONAL PARK SERVICE, FOR PERSONAL FUNDS EXPENDED ON BEHALF OF THE GOVERNMENT.

THE REQUEST FOR DECISION STATES THAT IN APRIL 1974, MR. SCHERRER AND OTHER SERVICE EMPLOYEES WERE ON TEMPORARY DUTY AT GREAT SMOKY MOUNTAINS NATIONAL PARK. THE EMPLOYEES STAYED IN GOVERNMENT-OWNED TRAILERS AT A PRIVATELY OWNED TRAILER COURT IN CHEROKEE, NORTH CAROLINA, AFTER ARRANGING FOR THE RENTAL OF THREE TRAILER SPACES. ON JUNE 17, 1974, THE AGENCY ISSUED A CONFIRMING PURCHASE ORDER FOR $135 PER MONTH RENTAL FOR APRIL 20 THROUGH JUNE 30, 1974. ON JULY 10, 1974, A SECOND PURCHASE ORDER WAS ISSUED AT THE SAME RENTAL FOR THE PERIOD FROM JULY 1, 1974, THROUGH MAY 31, 1975. THIS PURCHASE ORDER WAS TERMINATED ON SEPTEMBER 30, 1974, WHEN TWO OF THE TRAILERS WERE MOVED TO A LOCATION WITHIN THE NATIONAL PARK. THE THIRD TRAILER COULD NOT BE MOVED BECAUSE THE OWNER OF THE TRAILER COURT REQUIRED THAT ONE TRAILER BE LEFT AS SECURITY FOR UNPAID RENTAL.

IN ORDER TO OBTAIN RELEASE OF THE THIRD TRAILER, WHICH SERVED AS THE LIVING AREA FOR HIMSELF AND ANOTHER EMPLOYEE, MR. SCHERRER LEFT $270 OF HIS PERSONAL FUNDS AS A SECURITY DEPOSIT TO BE HELD BY A THIRD PARTY, THE BUREAU OF INDIAN AFFAIRS (BIA) OFFICE, IN CHEROKEE, NORTH CAROLINA, PENDING GOVERNMENT PAYMENT OF THE UNPAID RENTAL WHEN THE MONEY WOULD BE RETURNED TO HIM. MR. SCHERRER MADE THE DEPOSIT BECAUSE HE WAS LED TO BELIEVE THAT THE SERVICE WAS LIABLE TO THE OWNER FOR 2 MONTHS RENT. FACT, HOWEVER, THE OWNER HAD BEEN PAID FOR ALL INVOICES SUBMITTED AND A FINAL U.S. TREASURY CHECK FOR $135 WAS ISSUED ON OCTOBER 10, 1974, FOR THE SEPTEMBER RENT.

ALTHOUGH THE PURCHASE ORDERS PROVIDED FOR PAYMENT ONLY FOR PERIODS WHEN THE TRAILER SITES WERE OCCUPIED, THE OWNER ALSO MADE AN ORAL CLAIM FOR RENT FOR THE MONTH PRIOR TO APRIL 20, 1974, WHEN THE SITES WERE UNOCCUPIED. IN RESPONSE TO A DEMAND BY THE OWNER FOR PAYMENT OF THE EXTRA MONTH'S RENT CLAIMED, A SECRETARY AT THE BIA OFFICE ON OCTOBER 25, 1974, GAVE THE OWNER $135 OF THE DEPOSIT LEFT BY MR. SCHERRER. THE BALANCE OF $135 WAS REPAID TO MR. SCHERRER LATER THAT SAME DAY. THE CERTIFYING OFFICER ADVISES US THAT EFFORTS TO OBTAIN A REFUND FROM THE TRAILER COURT HAVE BEEN UNSUCCESSFUL AND ASKS WHETHER MR. SCHERRER MAY BE REIMBURSED BY THE GOVERNMENT.

THE RULE IS WELL ESTABLISHED THAT, EXCEPT FOR CERTAIN PERSONAL EXPENSES SUCH AS DULY AUTHORIZED TRAVEL EXPENSES, PAYMENTS MAY BE MADE TO A PUBLIC CREDITOR ONLY BY AN AUTHORIZED DISBURSING OFFICER OF THE UNITED STATES OUT OF PUBLIC FUNDS AND THAT NO OFFICER OR EMPLOYEE OF THE GOVERNMENT CAN CREATE A VALID CLAIM IN HIS FAVOR BY PAYING OBLIGATIONS OF THE UNITED STATES FROM HIS OWN FUNDS. 33 COMP.GEN. 20 (1953) (FIRST DECISION) AND CASES CITED THEREIN. WE HAVE ON OCCASION, HOWEVER, RECOGNIZED EXCEPTIONS TO THE GENERAL RULE WHERE THE NECESSITY FOR AN EXPENDITURE OR SERVICE AROSE IN UNFORESEEN AND URGENT CIRCUMSTANCES. THUS, WE HAVE AUTHORIZED PAYMENT FOR DAMAGES TO A FIRE TRUCK INCURRED IN THE COURSE OF VOLUNTARILY RESPONDING TO A REQUEST FOR ASSISTANCE BY A GOVERNMENTAL INSTITUTION LOCATED BEYOND THE JURISDICTION OF THE LOCAL FIRE COMPANY. 3 COMP.GEN. 979 (1924). WE ALSO HAVE AUTHORIZED THE REIMBURSEMENT OF PERSONAL FUNDS EXPENDED TO PAY FOR DAMAGES RESULTING FROM AN AUTOMOBILE ACCIDENT TO AVOID THE POSSIBILITY OF DETENTION BY THE PHILIPPINE POLICE AND TO OBTAIN THE RELEASE OF A GOVERNMENT VEHICLE WHICH HAD BEEN IMPOUNDED PENDING COMPLETION OF LOCAL POLICE INVESTIGATION, THUS FACILITATING THE CONDUCT OF GOVERNMENT BUSINESS. B-177331, DECEMBER 14, 1972.

ALTHOUGH WE ARE ADVISED THAT IT WAS NECESSARY TO COMPLETE RELOCATION OF THE TRAILERS WITHIN A SHORT TIME SO THAT THE TRAILERS COULD BE WINTERIZED AND SET UP IN THE PARK FOR USE AS QUARTERS AND THAT THE SECURITY DEPOSIT MADE BY MR. SCHERRER SERVED TO AVOID DETENTION OF THE TRAILER BY THE OWNER OF THE TRAILER COURT, WE DO NOT BELIEVE THAT THESE CIRCUMSTANCES JUSTIFY AN EXCEPTION TO THE GENERAL RULE STATED ABOVE. IT APPEARS THAT THERE WAS ENOUGH TIME TO OBTAIN RELEASE OF THE TRAILER BY OTHER MEANS AND THAT THE THREATENED DETENTION BY THE TRAILER COURT OWNER DID NOT CONSTITUTE AN EMERGENCY SO AS TO REQUIRE THE EXPENSITURE OF PERSONAL FUNDS.

ACCORDINGLY, MR. SCHERRER MAY NOT BE REIMBURSED FOR THE $135 OF HIS PERSONAL FUNDS PAID TO THE TRAILER COURT OWNER. THE VOUCHER FORWARDED WITH THE REQUEST WILL BE RETAINED BY THIS OFFICE.