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A-82606, JANUARY 5, 1937, 16 COMP. GEN. 634

A-82606 Jan 05, 1937
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NOTWITHSTANDING THE OCCUPANCY IS ONLY FOR THE SUMMER MONTHS. A REGULATION PROPOSING TO FIX THE MAXIMUM RENTAL CHARGE FOR QUARTERS IN KIND FURNISHED FOREST SERVICE EMPLOYEES AT ONE-SIXTH OF THE MONTHLY BASE SALARY IS UNAUTHORIZED AND OBJECTIONABLE. IF A MAXIMUM RATE IS FIXED ON THE BASIS OF SALARY. THE GENERAL ACCOUNTING OFFICE IS NOT PRECLUDED. IS AS FOLLOWS: REFERENCE IS MADE TO DECISIONS 5 COMP. COPY OF WHICH IS IN YOUR OFFICE. ARE SHOWN THE QUARTERS DEDUCTION RATES THAT HAVE HERETOFORE BEEN IN EFFECT. BECAUSE OF RECENT CONSTRUCTION OF BETTER TYPES OF DWELLINGS IN SOME PLACES IT IS NECESSARY TO REVISE THE QUARTERS RATES. THERE IS ENCLOSED COPY OF INSTRUCTIONS WHICH THE FOREST SERVICE PROPOSES TO ISSUE EFFECTIVE JANUARY 1.

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A-82606, JANUARY 5, 1937, 16 COMP. GEN. 634

QUARTERS IN KIND - FURNISHING WITHOUT COST AND AT UNREASONABLY LOW RENTALS - FOREST SERVICE EMPLOYEES THERE BEING NO AUTHORITY FOR THE FURNISHING OF QUARTERS IN KIND TO FEDERAL CIVILIAN PERSONNEL EXCEPT AS A PART OF COMPENSATION OR AS AN ITEM OF SUBSISTENCE WHILE IN A TRAVEL STATUS, SHACKS, CABINS, ETC., MAY NOT BE FURNISHED FOREST SERVICE EMPLOYEES, NOT IN A TRAVEL STATUS, WITHOUT CHARGE, NOTWITHSTANDING THE OCCUPANCY IS ONLY FOR THE SUMMER MONTHS, AND THE NECESSITY FOR MAINTENANCE OF ANOTHER RESIDENCE ELSEWHERE. A REGULATION PROPOSING TO FIX THE MAXIMUM RENTAL CHARGE FOR QUARTERS IN KIND FURNISHED FOREST SERVICE EMPLOYEES AT ONE-SIXTH OF THE MONTHLY BASE SALARY IS UNAUTHORIZED AND OBJECTIONABLE. IF A MAXIMUM RATE IS FIXED ON THE BASIS OF SALARY, THE FRACTION SHOULD BE CHANGED TO ONE THIRD. REGULATIONS OF THE DEPARTMENT OF AGRICULTURE PROPOSING CERTAIN RENTAL CHARGES FOR QUARTERS IN KIND FURNISHED FOREST SERVICE EMPLOYEES, INVOLVING CHARGES APPEARING UNREASONABLY LOW, THE GENERAL ACCOUNTING OFFICE IS NOT PRECLUDED, BECAUSE OF SAID REGULATIONS HAVING BEEN SUBMITTED FOR CONSIDERATION BEFORE ISSUANCE, FROM QUESTIONING THE RATES FIXED THEREIN WHERE FACTS AND CIRCUMSTANCES INDICATE THEY DO NOT REPRESENT THE REASONABLE VALUE TO THE EMPLOYEES OF THE QUARTERS FURNISHED.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF AGRICULTURE, JANUARY 5, 1937:

YOUR LETTER OF DECEMBER 21, 1936, IS AS FOLLOWS:

REFERENCE IS MADE TO DECISIONS 5 COMP. GEN. 236 AND 5 COMP. GEN. 957, RELATING TO THE BASIS FOR DETERMINING THE VALUE OF QUARTERS FURNISHED TO EMPLOYEES.

ON PAGE 48-AA OF THE NATIONAL FOREST MANUAL, COPY OF WHICH IS IN YOUR OFFICE, ARE SHOWN THE QUARTERS DEDUCTION RATES THAT HAVE HERETOFORE BEEN IN EFFECT. BECAUSE OF RECENT CONSTRUCTION OF BETTER TYPES OF DWELLINGS IN SOME PLACES IT IS NECESSARY TO REVISE THE QUARTERS RATES. THERE IS ENCLOSED COPY OF INSTRUCTIONS WHICH THE FOREST SERVICE PROPOSES TO ISSUE EFFECTIVE JANUARY 1, 1937, SETTING FORTH THE PRINCIPLES TO BE FOLLOWED IN THE APPLICATION OF QUARTERS DEDUCTIONS AND DETERMINATION OF THE AMOUNTS TO BE DEDUCTED. IN PREPARING THESE INSTRUCTIONS AN EFFORT HAS BEEN MADE TO CONFORM TO THE PRINCIPLES OUTLINED IN THE DECISIONS ABOVE REFERRED TO. IT WOULD BE APPRECIATED, HOWEVER, IF YOU WOULD REVIEW THE ENCLOSED DRAFT AND ADVISE THIS OFFICE PROMPTLY WHETHER THESE INSTRUCTIONS MEET THE REQUIREMENTS OF YOUR OFFICE.

THE PROPOSED REGULATIONS ARE AS FOLLOWS:

SALARY DEDUCTIONS.--- THROUGH PURCHASE OR CONSTRUCTION SERVICE OWNED RESIDENCE QUARTERS WILL BE PROVIDED FOR OFFICERS AND EMPLOYEES TO THE LIMIT OF AVAILABLE FUNDS AND AUTHORIZATIONS WHERE SUITABLE RENTALS OF PRIVATELY-OWNED PROPERTIES ARE IMPRACTICABLE OR WHERE REQUIREMENTS OF PROTECTION OR ADMINISTRATION, INCLUDING MOBILITY OF PERSONNEL, MAKE GOVERNMENT OWNERSHIP CLEARLY ADVANTAGEOUS.

SINCE OFFICIAL RESIDENCE QUARTERS AT ANY GIVEN POINT ARE PROVIDED ON THE BASIS THAT THEY ARE ESSENTIAL TO SERVICE NEEDS, AN OFFICER STATIONED AT THAT POINT MAY (AND SHOULD) BE REQUIRED TO OCCUPY THEM AS RESIDENCE UNLESS RELIEVED OF THE REQUIREMENT IN WRITING BY THE REGIONAL FORESTER OR EXPERIMENT STATION DIRECTOR IN CHARGE, FOR SOME REASON MORE SUBSTANTIAL THAN ORDINARY PERSONAL PREFERENCE FOR OTHER QUARTERS WHICH MAY BE AVAILABLE IN THE SAME GENERAL LOCATION BY RENTAL FROM PRIVATE OWNERS.

UNDER SECTION 75 (A) TITLE 5, U.S.C., IT IS REQUIRED THAT WHEN THE GRADE AND SALARY RATE FOR A GIVEN POSITION HAS BEEN ESTABLISHED ON THE BASIS OF DUTIES INVOLVED, THERE MUST BE DEDUCTED FROM SALARY PAYMENTS THE DETERMINED VALUE OF ANY ITEM OR ITEMS OF ALLOWANCES FURNISHED IN KIND, AND THE REMAINDER ONLY PAID IN CASH. RESIDENCE QUARTERS CONSTITUTE SUCH AN "ALLOWANCE IN KIND.'

WHERE QUARTERS OF THE SIMPLE SHACK, CABIN, OR BUNK-HOUSE TYPE, (SCALER OR FIREMAN CABINS, CREW BARRACKS, LOOKOUT HOUSES, CABS, OR CABINS) ARE PROVIDED AT ISOLATED POINTS WHERE FAMILY RESIDENCE IS NOT NORMALLY CONTEMPLATED, OCCUPANCY BY THE SAME ONE EMPLOYEE, WITH OR WITHOUT FAMILY, IS FOR INTERMITTENT PERIODS OR SEASONAL (6 MONTHS OR LESS), AND PERMANENT RESIDENCE IS USUALLY AND NECESSARILY MAINTAINED ELSEWHERE, SUCH OCCUPANCY WILL NOT BE CONSTRUED AS RESIDENCE AND NO DEDUCTION FROM SALARY WILL BE MADE.

SUBJECT TO THE FOREGOING, ALL RESIDENCE OCCUPANCY OF SERVICE-OWNED QUARTERS WILL BE CONSIDERED AS AN "ALLOWANCE IN KIND" FOR WHICH SALARY DEDUCTIONS MUST BE MADE. WITHIN THE SCOPE OF THIS RULE ARE ALL RESIDENCES FURNISHED EMPLOYEES AT REGIONAL, FOREST, OR RANGER DISTRICT HEADQUARTERS POINTS, GUARD STATIONS, NURSERIES, CENTRAL EQUIPMENT DEPOTS, EXPERIMENTAL FORESTS AND RANGES, OR OTHER SPECIAL FIELD UNITS WHERE THE QUARTERS PROVIDED ARE OF BETTER THAN SIMPLE CABIN TYPE, WHERE OCCUPANCY BY THE FOREST SERVICE OFFICER, WITH OR WITHOUT FAMILY, IS OR VERY PROBABLY WILL BE, FOR EXTENDED PERIODS (EXCEEDING SIX MONTHS), OR WHERE SUCH OCCUPANCY FOR ANY SHORTER PERIOD DOES OR SHOULD RELIEVE THE OFFICER OF RENTAL COSTS ELSEWHERE. QUESTION AS TO THE APPLICABILITY OF THE SALARY DEDUCTION RULE WILL RAISE MOST FREQUENTLY IN SUCH CASES AS WHERE ONE OR MORE OFFICERS MOVE OUT FROM A REGIONAL OFFICE, FOREST EXPERIMENT STATION, OR NATIONAL FOREST HEADQUARTERS IN SPRING OR EARLY SUMMER FOR A FIELD SEASON DURING WHICH THEY WILL BE DOMICILED IN SERVICE QUARTERS. IN AN INCREASING NUMBER OF CASES THESE FIELD SEASON OR SUMMER QUARTERS ARE CLEARLY BETTER THAN THE ORDINARY CABIN TYPE OF QUARTERS, THE OFFICER TAKES HIS FAMILY WITH HIM; AND QUARTERS IN TOWN ARE OR OFTEN CAN BE GIVEN UP OR SUBLET WITHOUT SERIOUS LOSS ON INCONVENIENCE. IN SUCH CASES SALARY DEDUCTIONS SHOULD BE MADE.

UNDER DECISIONS OF THE COMPTROLLER GENERAL, 5 C.G. 236, 5 C.G. 957 959, FISCAL YEAR 1926, SUCH SALARY DEDUCTIONS OR RENTAL CHARGES ARE TO BE BASED PRIMARILY UPON THE DETERMINED REASONABLE VALUE OF THE QUARTERS TO THE EMPLOYEE DURING THE PARTICULAR PERIOD AND IN THE PARTICULAR LOCALITY. DETERMINING THIS REASONABLE VALUE, THE FACTORS OF GOVERNMENT INVESTMENT, LOCAL RENTAL VALUES OR RATES, SOCIAL ADVANTAGES, VARIATION IN CONSTRUCTION COSTS AS BETWEEN LOCALITIES, SALARY OF THE OCCUPANT, THE NON-PROFIT NATURE OF GOVERNMENT ACTIVITY, AND, IN OR ADJACENT TO ORGANIZED COMMUNITIES, RESTRICTED FREEDOM OF PERSONAL CHOICE INVOLVED AT TIMES IN REQUIRED OCCUPANCY OF A GOVERNMENT RESIDENCE, MAY BE GIVEN CONSIDERATION.

CLASSIFICATION AND RATES.--- ALL RENTAL CHARGES SHALL BE IN MULTIPLES OF $5.00 PER MONTH. NO RENTAL CHARGE SHALL EXCEED ONE-SIXTH THE MONTHLY BASE SALARY OF THE OCCUPANT.

CLASS A ($5.00 PER MONTH).--- WHERE QUARTERS SUCH AS SCALERS' CABINS, DESIGNED FOR BACHELOR OCCUPANCY, AND COSTING UNDER NORMAL CONDITIONS NOT EXCEEDING $1,000, ARE OCCUPIED BY THE SAME OFFICER OR EMPLOYEE FOR CONTINUOUS PERIODS IN EXCESS OF SIX MONTHS, AND THE EMPLOYEE IS RELIEVED OF THE NECESSITY OF MAINTAINING A DOMICILE ELSEWHERE, A RENTAL CHARGE AND SALARY DEDUCTION OF $5.00 PER MONTH SHOULD BE MADE.

CLASS B ($10, $15, $20 PER MONTH).--- FOR DISTRICT RANGE OR SIMILAR QUARTERS, COSTING UNDER NORMAL CONDITIONS NOT MORE THAN $4,000, THE STANDARD RENTAL CHARGE SHALL BE $15.00 OR $20.00 PER MONTH, DEPENDING UPON THE FACILITIES FURNISHED AND ACCESSIBILITY TO COMMUNITY ADVANTAGES. THESE RATES ASSUME PROVISION BY THE GOVERNMENT OF DOMESTIC WATER PIPED TO KITCHEN AND BATH, AND SEPTIC TANK OR BETTER SEWAGE DISPOSAL. WHERE SUCH PRIMARY FACILITIES ARE LACKING A RATE OF $10.00 PER MONTH WILL BE APPLIED.

CLASS C ($25, $30, $35, $40 PER MONTH).--- FOR QUARTERS FACILITIES WHICH UNDER NORMAL CONDITIONS WOULD REPRESENT INVESTMENTS IN EXCESS OF $4,000, THE STANDARD CHARGE SHALL BE $25, $30, $35, OR $40 PER MONTH DEPENDING UPON THE FACILITIES FURNISHED, ACCESSIBILITY TO COMMUNITY ADVANTAGES, AND, WHERE COMPARISONS ARE POSSIBLE, LOCAL RENTAL RATES FOR SIMILAR FACILITIES.

CHIEF'S OFFICE ADMINISTRATIVE CONTROL OF REGIONAL FORESTERS' AND DIRECTORS' RENTAL SCHEDULES WILL BE THROUGH THE ANNUAL FINANCIAL PLANS WHICH WILL SHOW EACH CASE OF SALARY DEDUCTION FOR QUARTERS AND THROUGH FIELD INSPECTION.

IN PREPARING PAY ROLLS INVOLVING SALARY DEDUCTIONS FOR QUARTERS, THE CLASS OR SUBCLASS AND RATE SHOULD BE NOTED IN THE "NAME, GRADE, ETC., " COLUMN OR THE REMARKS COLUMN OF THE PAY ROLL FORM, FOR EXAMPLE: "Q-B $15," "Q-C-$35," ETC.

THE PARAGRAPH IN THE EXISTING REGULATIONS ADOPTED FEBRUARY 1, 1926, COMPARABLE TO THE FOURTH PARAGRAPH OF THE PROPOSED REGULATIONS, IS AS FOLLOWS:

WHERE QUARTERS ARE PROVIDED DURING THE SUMMER MONTHS ONLY NO DEDUCTION WILL BE MADE BECAUSE THE EMPLOYEES ALMOST INVARIABLY HAVE TO MAINTAIN YEAR -LONG QUARTERS AT THEIR OWN EXPENSE ELSEWHERE.

THERE IS NO RECORD THAT THIS PARAGRAPH WAS PRESENTED TO THIS OFFICE FOR CONSIDERATION EITHER PRIOR OR SUBSEQUENT TO ITS ADOPTION.

QUARTERS IN KIND MAY BE FURNISHED BY THE GOVERNMENT TO FEDERAL CIVILIAN PERSONNEL ONLY AS A PART OF COMPENSATION OR AS AN ITEM OF SUBSISTENCE WHILE IN A TRAVEL STATUS. SEE DECISION OF MARCH 20, 1931, A-28363, TO THE SECRETARY OF AGRICULTURE. IF THE QUARTERS ARE FURNISHED AS A PART OF COMPENSATION, THE VALUE MUST BE ADMINISTRATIVELY DETERMINED AND DEDUCTED FROM THE TOTAL RATE OF COMPENSATION FIXED FOR THE EMPLOYEE'S POSITION, PURSUANT TO SECTION 3 OF THE ACT OF MARCH 5, 1928, 45 STAT. 193. THIS STATUTE DOES NOT AUTHORIZE ANY EXCEPTION SUCH AS PROPOSED WITH RESPECT TO SHACKS, CABINS, ETC., TEMPORARILY FURNISHED EMPLOYEES DURING THE SUMMER MONTHS. SEE DECISION OF SEPTEMBER 23, 1926, A-15066. QUARTERS IN KIND MAY BE FURNISHED TO EMPLOYEES, IN FIELD PARTIES OR OTHERWISE IN A TRAVEL STATUS, WHO ARE NOT PAID A PER DIEM IN LIEU OF SUBSISTENCE, WITHOUT DEDUCTION OF THE VALUE THEREOF FROM COMPENSATION, OR TO THOSE WHO ARE PAID A PER DIEM PROVIDED THE PROPER DEDUCTIONS ARE MADE FROM THE PER DIEM IN ACCORDANCE WITH SECTION 47 (A) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. 16 COMP. GEN. 383. IT IS UNDERSTOOD THAT THE EMPLOYEES TO WHOM THE PROPOSED REGULATIONS ARE TO BE APPLIED WILL NOT BE IN A TRAVEL STATUS. IF THAT UNDERSTANDING IS CORRECT, THERE IS NO AUTHORITY FOR FURNISHING FREE OF CHARGE QUARTERS, HOWEVER SMALL OR ISOLATED, FOR ANY PERIOD HOWEVER SHORT, NOTWITHSTANDING THE EMPLOYEE MAY BE REQUIRED TO MAINTAIN ANOTHER RESIDENCE ELSEWHERE. THE EMPLOYEES IN THE FOREST SERVICE ARE PRESUMED TO ACCEPT THE CONDITIONS OF EMPLOYMENT NECESSITATING THEIR RESIDENCE AT DIFFERENT PLACES DURING DIFFERENT SEASONS OF THE YEAR. ACCORDINGLY, THE PARAGRAPH IN QUESTION SHOULD BE OMITTED AND OTHER PARAGRAPHS WHEREIN SUCH A RULE IS REFLECTED SHOULD BE MODIFIED ACCORDINGLY.

ALSO, THE LAST SENTENCE OF THE SEVENTH PARAGRAPH OF THE PROPOSED REGULATIONS FIXING A LIMIT OF ONE-SIXTH OF THE BASIC SALARY AS THE MAXIMUM DEDUCTION FOR QUARTERS IS OBJECTIONABLE AND UNAUTHORIZED. SAID SENTENCE SHOULD BE OMITTED OR THE FRACTION ONE-SIXTH CHANGED TO ONE-THIRD. AND SINCE THE COST OF QUARTERS USED AS A BASIS FOR THE DIVIDING LINE BETWEEN CLASS B AND CLASS C COVERS IMPROVEMENTS ONLY, THE AMOUNT OF $4,000 SHOULD BE CHANGED TO $3,000. EVEN WITH SUCH CHANGE THE RATES WOULD APPEAR TO BE UNREASONABLY LOW, AND NOTHING HEREIN IS TO BE REGARDED AS PRECLUDING THIS OFFICE FROM QUESTIONING AT ANY TIME ANY OR ALL OF THE RATES FIXED UNDER THE GENERAL REGULATIONS UPON DISCOVERY OF FACTS OR CIRCUMSTANCES TENDING TO INDICATE THAT SAID RATES DO NOT REPRESENT A REASONABLE VALUE TO THE EMPLOYEES. COPIES OF THE REGULATIONS AS AMENDED SHOULD BE FILED IN THIS OFFICE.

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