B-161599, AUG. 29, 1967

B-161599, AUG. 29, 1967

TRAVEL EXPENSES - FIRST DUTY STATION - SHORTAGE CATEGORY EMPLOYEES DECISION TO SECRETARY OF HEALTH, EDUCATION, AND WELFARE RE PROPRIETY OF PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES TO FIRST DUTY STATION FOR EMPLOYEE APPOINTED TO POSITION FOR HANDICAPPED. APPOINTEE WHO WAS ADVISED PRIOR TO APPOINTMENT THAT HIS POSITION WOULD BE PLACED IN SHORTAGE CATEGORY FOR ENTITLEMENT TO TRAVEL AND TRANSPORTATION BUT WHO DID NOT HAVE POSITION APPROVED UNTIL 3 MONTHS LATER MAY BE REGARDED AS HAVING BEEN PLACED IN SHORTAGE CATEGORY IF TIMELY APPLICATION HAD BEEN MADE AND, THEREFORE, PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES IS PROPER IF EMPLOYEE EXECUTES 12 MONTH SERVICE AGREEMENT.

TO MR. SECRETARY:

WE REFER TO THE LETTER OF AUGUST 11, 1967, FROM THE ACTING SECRETARY REQUESTING A DECISION CONCERNING THE PROPRIETY OF PAYING THE TRAVEL AND TRANSPORTATION EXPENSES TO THE FIRST DUTY STATION IN THE CASE OF MR. FRANK B. WITHROW, JR., WHO WAS APPOINTED TO THE POSITION OF EDUCATION SPECIALIST (HANDICAPPED-DEAF) GS-1720-14 EFFECTIVE JANUARY 29, 1967.

PRIOR TO HIS APPOINTMENT THE EMPLOYEE WAS ADVISED THAT NEGOTIATIONS HAD BEEN UNDERTAKEN WITH THE CIVIL SERVICE COMMISSION TO PLACE HIS POSITION IN A SHORTAGE CATEGORY CLASSIFICATION WHICH COULD RESULT IN HIS BEING PAID TRAVEL AND TRANSPORTATION EXPENSES TO HIS FIRST DUTY STATION. THE FORMAL REQUEST FOR SUCH CLASSIFICATION ACTION WAS SENT TO THE COMMISSION ON JANUARY 26, 1967, THREE DAYS BEFORE THE APPOINTMENT OF THE EMPLOYEE. SUBSEQUENTLY ON APRIL 5, 1967, THE COMMISSION APPROVED THEREQUEST FOR SHORTAGE CATEGORY CLASSIFICATION.

AS THE ACTING SECRETARY POINTS OUT, THE PRESENT CASE IS SIMILAR TO THE CASES OF THE FIVE EMPLOYEES CONSIDERED IN OUR DECISION OF JUNE 29, 1967, B -161599, WHO RECEIVED APPOINTMENTS AS EDUCATIONAL SPECIALISTS PRIOR TO THE TIME THEIR POSITIONS HAD BEEN PLACED IN A SHORTAGE CATEGORY CLASSIFICATION BY THE CIVIL SERVICE COMMISSION.

IN AUTHORIZING THE PAYMENT OF THE EXPENSES OF TRAVEL AND TRANSPORTATION TO THE FIRST DUTY STATION IN THE CASE OF EACH OF THE EMPLOYEES CONSIDERED IN THE DECISION OF JUNE 29, 1967, B-161599, WE POINTED OUT THAT---

"WE HAVE CONTACTED THE CIVIL SERVICE COMMISSION INFORMALLY CONCERNING THE CASES IN QUESTION AND THE COMMISSION HAS RE-EXAMINED CONDITIONS EXISTING AT THE TIME THE INDIVIDUALS WERE APPOINTED. THE COMMISSION NOW ADVISES THAT THE SAME CONDITIONS EXISTED AT THE TIME OF THE APPOINTMENTS AND AT THE TIME OF TRAVEL TO THE FIRST DUTY STATION OF THE INDIVIDUALS CONCERNED AS EXISTED WHEN THE COMMISSION PLACED THEIR POSITIONS IN THE SHORTAGE CATEGORY CLASSIFICATION. IT WAS THE VIEW OF THE COMMISSION THAT IF THE REQUEST FOR THE SHORTAGE CATEGORY CLASSIFICATION HAD BEEN SUBMITTED PRIOR TO THE APPOINTMENTS OF THE EMPLOYEES, THERE IS NO DOUBT, BASED UPON CONDITIONS AT THE TIME, THAT SUCH REQUEST WOULD HAVE BEEN GRANTED. APPARENTLY, SUCH A REQUEST HAD NOT PREVIOUSLY BEEN SUBMITTED BECAUSE OF A MISUNDERSTANDING.

"UNDER THE CIRCUMSTANCES WE WOULD OFFER NO OBJECTION TO CERTIFICATION AND PAYMENT OF VOUCHERS COVERING THE TRAVEL AND TRANSPORTATION EXPENSES IN QUESTION PROVIDED THE EMPLOYEES EXECUTE AGREEMENTS IN WRITING TO REMAIN IN THE GOVERNMENT SERVICE FOR 12 MONTHS AFTER THEIR POINTMENTS.'

IT MAY BE ASSUMED IN THIS CASE THAT THE CIVIL SERVICE COMMISSION LIKEWISE WOULD HAVE PLACED MR. WITHROW'S POSITION IN THE SHORTAGE CATEGORY CLASSIFICATION PRIOR TO THE DATE SUCH ACTION ACTUALLY WAS TAKEN IF A TIMELY REQUEST THEREFOR HAD BEEN MADE. IN VIEW THEREOF, WE VIEW THIS CASE AS SUFFICIENTLY SIMILAR TO THOSE INVOLVED IN OUR DECISION OF JUNE 29, 1967, SO AS TO PERMIT PAYMENT OF OTHERWISE PROPER TRAVEL AND TRANSPORTATION EXPENSES TO THE FIRST DUTY STATION OF THE EMPLOYEE PROVIDED HE EXECUTES AN AGREEMENT IN WRITING TO REMAIN IN THE GOVERNMENT SERVICE FOR 12 MONTHS AFTER HIS APPOINTMENT.