B-137999, DEC 16, 1958
Highlights
REQUESTS OUR DECISION AS TO WHETHER THE BILL IS PROPER FOR PAYMENT UNDER THE FOLLOWING FACTS AND CIRCUMSTANCES. IT APPEARS FROM THE INFORMATION ACCOMPANYING YOUR LETTER THAT THE LUNCHEON WAS ARRANGED IN ORDER FOR THE COMMISSIONERS TO CONTINUE THE BUSINESS AT HAND DURING THE LUNCHEON TIME. THE PRESENCE OF THE FOUR STAFF MEMBERS AT THE LUNCHEON IS STATED TO HAVE BEEN REQUESTED BY THE CHAIRMAN OF THE COMMISSION. YOU HAVE DOUBT WHETHER THE INVOICE MAY BE CERTIFIED FOR PAYMENT. IT BEING INDICATED THAT STEPS HAVE BEEN TAKEN TO PREVENT DUPLICATE PAYMENTS TO THE COMMISSION MEMBERS. THE GENERAL RULE IS THAT IN THE ABSENCE OF SPECIFIC AUTHORITY. THE EXPENSES OF SUBSISTENCE AT AN EMPLOYEE'S HEADQUARTERS IS PERSONAL TO THE EMPLOYEE AND.
B-137999, DEC 16, 1958
PRECIS-UNAVAILABLE
R. ANDERSON, OUTDOOR RECREATION RESOURCES:
YOUR LETTER OF NOVEMBER 20, 1958, ENCLOSES A BILL FROM THE SHERATON CARLTON HOTEL, WASHINGTON, D. C., COVERING TWELVE LUNCHES FURNISHED TO EIGHT COMMISSION MEMBERS AND FOUR STAFF MEMBERS, AND REQUESTS OUR DECISION AS TO WHETHER THE BILL IS PROPER FOR PAYMENT UNDER THE FOLLOWING FACTS AND CIRCUMSTANCES.
IT APPEARS FROM THE INFORMATION ACCOMPANYING YOUR LETTER THAT THE LUNCHEON WAS ARRANGED IN ORDER FOR THE COMMISSIONERS TO CONTINUE THE BUSINESS AT HAND DURING THE LUNCHEON TIME, INASMUCH AS SOME OF THE COMMISSIONERS HAD COME A GREAT DISTANCE TO ATTEND THIS MEETING AND WISHED TO CATCH PLANES, TRAINS, ETC., AS SOON AS POSSIBLE AFTER THE MEETING. THE PRESENCE OF THE FOUR STAFF MEMBERS AT THE LUNCHEON IS STATED TO HAVE BEEN REQUESTED BY THE CHAIRMAN OF THE COMMISSION.
SECTION 3(B) OF THE OUTDOOR RECREATION RESOURCES REVIEW ACT, PUBLIC LAW 85-470, APPROVED JUNE 28, 1958, PROVIDES AS FOLLOWS:
725.238
"(B) THE COMMISSION MEMBERS SHALL SERVE WITHOUT COMPENSATION, EXCEPT THAT EACH MEMBER SHALL BE ENTITLED TO REIMBURSEMENT FOR ACTUAL TRAVEL AND SUBSISTENCE EXPENSE INCURRED IN THE SERVICES OF THE COMMISSION AND EACH MEMBER APPOINTED BY THE PRESIDENT SHALL BE ENTITLED TO A PER DIEM ALLOWANCE NOT TO EXCEED $50 PER DAY WHEN ACTUALLY ENGAGED IN COMMISSION BUSINESS."
YOUR LETTER INDICATES THAT WHILE UNDER THE ABOVE-QUOTED PROVISION OF LAW THE COMMISSION MEMBERS WOULD APPEAR TO BE ENTITLED TO REIMBURSEMENT FOR THEIR LUNCH, YOU HAVE DOUBT WHETHER THE INVOICE MAY BE CERTIFIED FOR PAYMENT, APPARENTLY BECAUSE IT INVOLVES PAYMENT DIRECTLY TO THE HOTEL AND BECAUSE IT INCLUDES THE COST OF LUNCHES FOR THE FOUR STAFF MEMBERS.
THE COST OF THE LUNCHES FURNISHED TO THE COMMISSIONERS FALL CLEARLY WITHIN THE LANGUAGE OF THE STATUTE AUTHORIZING REIMBURSEMENT TO SUCH COMMISSIONERS FOR ACTUAL SUBSISTENCE EXPENSES. MOREOVER, THERE APPEARS NO OBJECTION TO YOUR MAKING PAYMENT DIRECTLY TO THE HOTEL FOR THE LUNCH, IT BEING INDICATED THAT STEPS HAVE BEEN TAKEN TO PREVENT DUPLICATE PAYMENTS TO THE COMMISSION MEMBERS.
AS TO THE LUNCHEON EXPENSES OF THE STAFF MEMBERS, THE GENERAL RULE IS THAT IN THE ABSENCE OF SPECIFIC AUTHORITY, THE EXPENSES OF SUBSISTENCE AT AN EMPLOYEE'S HEADQUARTERS IS PERSONAL TO THE EMPLOYEE AND, ORDINARILY, MEALS MAY NOT BE FURNISHED HIM AT GOVERNMENT EXPENSE WITHIN THE LIMITS OF HIS HEADQUARTERS.
THE HEADQUARTERS OF THE STAFF MEMBERS PRESUMABLY IS WASHINGTON, D. C., AND WE CAN FIND NO AUTHORITY EITHER IN THE OUTDOOR RECREATION RESOURCES REVIEW ACT, OR THE ACT MAKING APPROPRIATIONS FOR THE COMMISSION, PUBLIC LAW 85-766, APPROVED AUGUST 27, 1958, WHICH WOULD AUTHORIZE PAYMENT BY THE GOVERNMENT OF MEALS AT THE HEADQUARTERS OF EMPLOYEES OF THE COMMISSION.
THEREFORE, A VOUCHER COVERING PAYMENT OF ONLY EIGHT-TWELTHS OF THE HOTEL'S INVOICE MAY BE CERTIFIED FOR PAYMENT.
THE INVOICE IS RETURNED HEREWITH.