[FSIS Employee's Claim for Real Estate Expenses]
Highlights
The Food Safety and Inspection Service requested a decision concerning an employee's claim for a miscellaneous real estate expense incident to his permanent change of duty station. The claimant contended that his hiring a realtor to assist him in finding permanent quarters: (1) reduced the time and expenses associated with househunting; and (2) eliminated the need for and costs of long-term temporary quarters. GAO held that the claimant was not entitled to reimbursement of his finder's fee, since federal regulations prohibit the reimbursement of brokers' fees paid in connection with the purchase of a home at the new duty station. Accordingly, the claim was denied.
A-9820, NOVEMBER 2, 1925, 5 COMP. GEN. 317
MILEAGE - COAST GUARD OFFICER WHEN AN OFFICER OF THE COAST GUARD, AUTHORIZED TO ACT ON HIS OWN INITIATIVE, MOVES FROM PLACE TO PLACE WITHIN THE DISTRICT IN WHICH HIS DUTIES LIE, THE TRAVEL PERFORMED IS A NECESSARY PART OF THE NORMAL DUTY TO WHICH HE IS ASSIGNED AND HE IS NOT ENTITLED TO MILEAGE UNDER SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631. SUCH OFFICER IS ENTITLED ONLY TO TRANSPORTATION OR REIMBURSEMENT OF THE COST THEREOF.
DECISION BY COMPTROLLER GENERAL MCCARL, NOVEMBER 2, 1925:
THERE IS FOR CONSIDERATION THE QUESTION WHETHER BOATSWAIN J. J. GLYNN (L), UNITED STATES COAST GUARD, IS ENTITLED TO MILEAGE FOR TRAVEL PERFORMED UNDER THE FOLLOWING CIRCUMSTANCES:
BOATSWAIN GLYNN IN EXECUTION OF HIS DUTIES AS OFFICER IN CHARGE OF THE NORTH SCITUATE COAST GUARD STATION, MINOT, MASS., UNDER CONDITIONS WHICH PRECLUDED THE ADVANCE ISSUANCE OF TRAVEL ORDERS, PROCEEDED ON FEBRUARY 9, 1925, WITH A CREW OF MEN TO PLYMOUTH, MASS., SEIZED A VESSEL AND LIQUOR THAT WAS BEING UNLOADED, AND TRANSFERRED THE LIQUOR TO BOSTON, MASS. BOATSWAIN GLYNN TRAVELED TO PLYMOUTH IN A HIRED AUTOMOBILE; FROM PLYMOUTH TO BOSTON IN A SEIZED TRUCK CONVEYING THE LIQUOR, AND FROM BOSTON BACK TO NORTH SCITUATE BY RAIL. THE COMMANDANT, COAST GUARD, APPROVED THE TRAVEL IN QUESTION AS REQUIRED IN THE PUBLIC INTEREST.
IT APPEARS THAT THE NORTH SCITUATE STATION, PLYMOUTH, MASS., AND BOSTON, MASS., ARE SITUATED IN THE SAME COAST GUARD DISTRICT; THAT BOATSWAIN GLYNN ACTED ON HIS OWN INITIATIVE ON INFORMATION INDICATING THAT LANDING OF LIQUOR WOULD BE ATTEMPTED, PROCEEDED WITH MEMBERS OF HIS CREW TO PLYMOUTH, AND SEIZED THE LIQUOR-LADEN CRAFT AND LIQUOR THAT HAD BEEN LANDED. ALTHOUGH ASSIGNED TO AND IN CHARGE OF THE NORTH SCITUATE STATION IT IS EVIDENT THAT BOATSWAIN GLYNN'S OFFICIAL DUTIES REQUIRED THE PERFORMANCE OF SUCH DUTY AS WAS INVOLVED IN THE SEIZURE IN QUESTION. ARTICLES 1215 AND 1216, COAST GUARD REGULATIONS, REQUIRE THE OFFICER IN CHARGE TO REMAIN AT THE STATION PREMISES EXCEPT WHEN "ABSOLUTELY NECESSARY TO ATTEND TO OFFICIAL BUSINESS.' THE FACT THAT BOATSWAIN GLYNN WAS AUTHORIZED TO ACT ON HIS OWN INITIATIVE IN SUCH INSTANCE INDICATES THAT THE TRAVEL IN QUESTION WAS A NECESSARY PART OF THE NORMAL DUTY TO WHICH HE WAS ASSIGNED, AND THEREFORE NOT TRAVEL FOR THE PURPOSE OF MILEAGE WITHIN THE MEANING OF SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631. HE IS ENTITLED TO TRANSPORTATION OR REIMBURSEMENT OF THE COST THEREOF ONLY. DECISION A- 10696, SEPTEMBER 19, 1925, 49 MS. COMP. GEN. 808, WOOD CASE. THE CLAIM FOR MILEAGE WILL BE DISALLOWED.