B-96669, AUGUST 30, 1950, 30 COMP. GEN. 94

B-96669, AUGUST 30, 1950, 30 COMP. GEN. 94

SUBSISTENCE - PER DIEMS - TEMPORARY DUTY STATION SUBSEQUENTLY MADE PERMANENT AN EMPLOYEE PERFORMING OFFICIAL DUTIES AT A TEMPORARY STATION IS ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE AT SUCH PLACE UP TO THE DATE AN OFFICIAL NOTICE THAT THE TEMPORARY STATION IS TO BECOME HIS PERMANENT STATION IS COMMUNICATED TO HIM BY PROPER AUTHORITY, AND SUCH NOTICE IS NOT REQUIRED TO BE A FORMAL OR WRITTEN NOTICE BUT SHOULD BE DEFINITE AS TO THE ACTION BEING TAKEN TO CHANGE THE EMPLOYEE'S DUTY STATION FROM TEMPORARY TO PERMANENT.

COMPTROLLER GENERAL WARREN TO THE ADMINISTRATOR, HOUSING AND HOME FINANCE AGENCY, AUGUST 30, 1950:

REFERENCE IS MADE TO YOUR LETTER OF JULY 3, 1950, REQUESTING A DECISION AS TO THE EFFECTIVE DATE OF THE CHANGE OF AN EMPLOYEE'S DUTY STATION FROM TEMPORARY TO PERMANENT FOR PURPOSES OF DISCONTINUANCE OF PER DIEM IN LIEU OF SUBSISTENCE UNDER CIRCUMSTANCES AS HEREINAFTER RELATED.

IT IS REPORTED THAT MR. BERTRAM WALKER--- WHOSE OFFICIAL STATION PRESUMABLY WAS LOCATED AT SAN FRANCISCO, CALIFORNIA--- WHILE PERFORMING TEMPORARY DUTY IN AND OUT OF LOS ANGELES, CALIFORNIA, WAS ORALLY NOTIFIED ON JANUARY 17, 1950, BY THE ASSISTANT CHIEF OF FIELD ACCOUNTANTS, NOT HIS IMMEDIATE SUPERVISOR, THAT HE WAS TO BE TRANSFERRED AND PROMOTED TO A PERMANENT FIELD STATION RECENTLY ESTABLISHED AT LOS ANGELES, CALIFORNIA, EFFECTIVE FEBRUARY 1, 1950, PROVIDED MR. WALKER COULD ARRANGE HIS PERSONAL AFFAIRS BY THEN. ALSO, IT IS REPORTED THAT, EARLIER, ON JANUARY 9, 1950, AN ADMINISTRATIVE OFFICIAL IN THE SAN FRANCISCO OFFICE HAD SENT A PERSONAL NOTE TO MR. WALKER (DATE OF RECEIPT NOT SHOWN) TO THE EFFECT THAT SUCH OFFICIAL HAD BEEN INFORMED BY TELEPHONE FROM WASHINGTON, D.C., THAT LOS ANGELES, CALIFORNIA, HAD BEEN DESIGNATED AS MR. WALKER'S PERMANENT DUTY STATION BY THE COMMISSIONER OF THE PUBLIC HOUSING ADMINISTRATION. HOWEVER, THE OFFICIAL FILES SHOW FEBRUARY 1, 1950, AS THE OFFICIAL DATE OF THE TRANSFER OF MR. WALKER TO LOS ANGELES, AND THAT HE REPORTED THERE FOR DUTY ON THAT DATE.

YOUR LETTER INDICATES THAT YOU ARE AWARE OF THE RULE EXPRESSED IN DECISIONS OF THIS OFFICE TO THE EFFECT THAT AN EMPLOYEE MAY NOT BE ALLOWED PER DIEM IN LIEU OF SUBSISTENCE AT A PLACE WHERE HE IS ON TEMPORARY DUTY AFTER HE RECEIVES NOTICE THAT SUCH PLACE IS TO BECOME HIS PERMANENT DUTY STATION, BUT THAT YOU ARE IN DOUBT AS TO HOW FORMAL THE NOTICE MUST BE TO THE EMPLOYEE. IN THAT CONNECTION, YOU ARE ADVISED THAT THE ABOVE RULE HAS NEVER BEEN CONFINED TO THE DATE OF THE EMPLOYEE'S RECEIPT OF A FORMAL OR WRITTEN NOTICE OF THE CHANGE OF HIS OFFICIAL STATION, IT BEING SUFFICIENT THAT THE EMPLOYEE ACTUALLY KNEW OFFICIALLY THAT HIS TEMPORARY PLACE OF DUTY WAS TO BECOME HIS PERMANENT DUTY STATION. HOWEVER, THE NOTICE TO THE EMPLOYEE NOT ONLY MUST BE COMMUNICATED TO HIM BY PROPER AUTHORITY BUT SHOULD BE DEFINITE AS TO THE ACTION BEING TAKEN SO AS TO LEAVE NO DOUBT IN THE EMPLOYEE'S MIND WITH RESPECT THERETO.

IN THE INSTANT CASE, THE PERSONAL NOTE TRANSMITTED TO THE EMPLOYEE ON JANUARY 9, 1950, BY AN OFFICIAL WHO WAS NOT HIS SUPERVISOR AT THE TIME, AND WHICH PURPORTED TO CONTAIN INFORMATION RECEIVED BY TELEPHONE FROM ANOTHER OFFICIAL IN WASHINGTON THAT LOS ANGELES HAD BEEN DESIGNATED AS MR. WALKER'S NEW OFFICIAL STATION, MAY NOT BE REGARDED AS AN OFFICIAL NOTICE OF THE CHANGE OF PERMANENT HEADQUARTERS. FURTHERMORE, IT DOES NOT APPEAR THAT THE ORAL NOTICE TO THE EMPLOYEE DATED JANUARY 17, 1950, WAS SUFFICIENTLY DEFINITE TO CONSTITUTE AN OFFICIAL NOTICE OF THE CHANGE OF HEADQUARTERS INVOLVED.

ACCORDINGLY, IT REASONABLY MAY BE CONCLUDED THAT FEBRUARY 1, 1950, IS THE FIRST DATE THE EMPLOYEE DEFINITELY AND OFFICIALLY KNEW THAT LOS ANGELES HAD BECOME HIS PERMANENT HEADQUARTERS, AND PER DIEM IN LIEU OF SUBSISTENCE MAY BE ALLOWED UP TO THAT DATE.