B-121118, MAR 22, 1955

B-121118, MAR 22, 1955

PRECIS-UNAVAILABLE

MR. SECRETARY:

REFERENCE IS MADE TO THE LETTER DATED AUGUST 13, 1954, FROM HONORABLE TRUE D. MORSE, UNDER SECRETARY OF AGRICULTURE, RELATIVE TO THE TRAVEL OF MR. CHARLEY MAYS TO HIS HOMETOWN, GREENEVILLE, TENNESSEE, AND NEARBY CITIES, WHILE SERVING AS DIRECTOR, AGRICULTURAL CONSERVATION PROGRAMS BRANCH, PRODUCTION AND MARKETING ADMINISTRATION, WASHINGTON, D.C.

THE FACTS ARE SET FORTH IN THE LETTER OF THE UNDER SECRETARY AS FOLLOWS:

"IN THE COURSE OF A RECENT AUDIT OF THE RECORDS OF THE ADMINISTRATIVE ACCOUNTING DIVISION, ATLANTA FISCAL BRANCH, PRODUCTION AND MARKETING ADMINISTRATION, THERE WERE DISCLOSED REPEATED INSTANCES OF TRAVEL BY MR. CHARLEY MAYS, FORMER DIRECTOR OF THE AGRICULTURAL CONSERVATION PROGRAM, PRODUCTION AND MARKETING ADMINISTRATION, TO HIS HOMETOWN, GREENEVILLE, TENNESSEE, AND NEARBY CITIES, ESTENSIBLY ON OFFICIAL BUSINESS. A FURTHER ANALYSIS OF HIS EXPENSE VOUCHERS INDICATED THAT THE NUMBER OF HIS TRIPS TO THIS AREA APPEARED EXCESSIVE AND OUT OF PROPORTION TO THE TOTAL NUMBER OF TRIPS HE MADE TO OTHER PARTS OF THE NATION, RAISING SOME DOUBT AS TO THE PROPRIETY OF THE TRAVEL PERFORMED WHICH INVOLVED DIRECT VISITS TO, OR ROUTING THROUGH, THIS VICINITY. MR. MAYS SERVED IN THE CAPACITY OF DIRECTOR FROM MAY 14, 1951, WHEN HE WAS APPOINTED, TO FEBRUARY 4, 1953, THE EFFECTIVE DATE OF HIS RESIGNATION.

"SUBSEQUENT INVESTIGATION DISCLOSED THAT DURING THE PERIOD OF HIS EMPLOYMENT, MR. MAYS MADE 74 TRIPS, USUALLY ON WEEKENDS, TO HIS HOME CITY, GREENEVILLE, TENNESSEE, OR TO NEARBY POINTS. THE TRANSPORTATION COSTS FOR 63 OF THESE TRIPS WERE PAID BY THE GOVERNMENT AND, IN SOME INSTANCES, PER DIEM WAS ALLOWED FOR TIME SPENT IN GREENEVILLE. AS DIRECTOR OF THE AGRICULTURAL CONSERVATION PROGRAM BRANCH, MR. MAYS WAS GIVEN, BY THE FORMER ADMINISTRATOR OF THE PRODUCTION AND MARKETING ADMINISTRATION, A GENERAL LETTER OF AUTHORIZATION GRANTING HIM FULL AUTHORITY TO PERFORM UNLIMITED TRAVEL IN THE ADMINISTRATION OF THE AGRICULTURAL CONSERVATION PROGRAM, AND TO VISIT THE STATE OF TENNESSEE AS OFTEN AS NECESSARY TO COMPLETE DUTIES BEGUN WHILE HE WAS A PMA STATE COMMITTEEMAN AT GREENEVILLE, TENNESSEE IN CHARGE OF CROP INSURANCE ACTIVITIES.

"IT IS NOTED FROM THE REPORT THAT WHEN NO OFFICIAL DUTIES WERE PERFORMED IN GREENEVILLE OR THE NEARBY POINTS, MAYS SO INDICATED ON HIS TRAVEL VOUCHERS, STATING THAT HE DEVIATED BY WAY OF GREENEVILLE FOR HIS PERSONAL CONVENIENCE, IN ORDER THAT NEITHER PER DIEM NOR EXTRA TRAVELLING COSTS WOULD BE PAID HIM IN CONNECTION THEREWITH. IN THESE CASES, THE PROPER ADJUSTMENTS WERE MADE BY THE ACCOUNTING SECTION PRIOR TO THE PAYMENT OF THE VOUCHER. IN ALL THE OTHER CASES, AS INDICATED EARLIER, PAYMENT WAS MADE. HOWEVER, BECAUSE OF THE PATTERN OF REPEATED TRIPS TO THAT AREA, THE APPARENT LIMITED NATURE OF THE OFFICIAL BUSINESS TRANSACTED ON MANY OF THESE TRIPS, AND THE PERFORMANCE OF PERSONAL BUSINESS OR THE CIRCUITOUS DEVIATION THROUGH GREENEVILLE FOR PERSONAL REASONS, THERE IS SOME DOUBT AS TO THE PROPRIETY OF THE PAYMENTS MADE TO MAYS ON THE BASIS OF THE TRAVEL VOUCHERS INVOLVED HEREIN.

"YOUR OPINION IS RESPECTFULLY REQUESTED AS TO WHETHER UNDER THE FACTS IN THIS CASE PAYMENT, MADE TO MR. MAYS IN REIMBURSEMENT OF TRAVEL EXPENSES WERE PROPER, AND IF NOT, TO WHAT EXTENT EXCEPTIONS SHOULD BE TAKEN.

"WE ARE TRANSMITTING HEREWITH COPIES OF THE REPORTS OF INVESTIGATION AND OTHER RELATED MATERIAL FOR YOUR USE IN CONNECTION WITH THIS CASE."

WITH THE LETTER OF THE UNDER SECRETARY THERE WAS ENCLOSED A DOCUMENT ENTITLED "EXCESS TRAVEL COST AND ANNUAL LEAVE CHARGEABLE DUE TO TRAVEL VIA GREENEVILLE, TENNESSEE, OR NEARBY POINTS." IT TABULATES THE TRAVEL TO GREENEVILLE AND VICINITY WHICH IS CONSIDERED TO BE EXCESSIVE AND CONCLUDES THAT THE OVERPAYMENTS WERE MADE TO MR. MAYS AS FOLLOWS:

PER DIEM $304.81

TRANSPORTATION 469.24

TRANS. TAX 56.81

TAXICAB FARES24.45

OVERDRAWN LEAVE 106.20

$961.51

MR. MAYS CONTENDS THAT THE TRIPS TO GREENEVILLE AND NEARBY AREAS, FOR WHICH TRAVEL EXPENSES WERE CLAIMED AND PAID, WERE ON OFFICIAL BUSINESS. EXAMINATION OF THE RECORD SHOWS THAT IN NO INSTANCE WAS THE TRAVEL REPRESENTED BY THE $961.51 UNDERTAKEN WITH A PREARRANGED SCHEDULE OF BUSINESS AT THE TEMPORARY DUTY POSTS. ON THE CONTRARY, THE "OFFICIAL BUSINESS" IN PRACTICALLY ALL INSTANCES CONSISTED OF "INFORMAL DISCUSSIONS" ON WEEKENDS WITH VARIOUS INDIVIDUALS. THE RECORD FURTHER SHOWS THAT THE EMPLOYEE'S FAMILY REMAINED IN GREENEVILLE DURING THE PERIOD OF HIS EMPLOYMENT AS DIRECTOR, AGRICULTURAL CONSERVATION PROGRAMS BRANCH. MR. MAYS DOES NOT DISPUTE THE FACT THAT, ASIDE FROM THE OFFICIAL ASPECT, THE MAJORITY OF THE TRIPS TO GREENEVILLE WERE DESIRABLE FROM HIS PERSONAL STANDPOINT FOR THE PURPOSES OF VISITING HIS FAMILY AND CONTINUING HIS CHURCH ACTIVITIES. HE POINTS OUT THAT DURING HIS TENURE OF OFFICE AS DIRECTOR A NEW APPROACH TO THE AGRICULTURAL CONSERVATION PROGRAM WAS BEING DEVELOPED BY PINPOINTING ASSISTANCE TO THE MOST NEEDED CONSERVATION MEASURES ON INDIVIDUAL FARMS. HE STATES THAT THE DUTIES IN AND AROUND GREENEVILLE CONSISTED PRIMARILY OF SELLING THE NEW AGRICULTURAL CONSERVATION PROGRAM APPROACH TO THE FARMERS. HOWEVER, WHILE HE VISITED A GREAT MANY OF THE STATES OF THE UNION IN CARRYING OUT HIS DUTIES, THE MAJORITY OF THE STATES WERE VISITED ONLY ONCE DURING THE ENTIRE PERIOD OF HIS EMPLOYMENT AS DIRECTOR. IN A FEW INSTANCES TRAVEL WAS PERFORMED TO A PARTICULAR STATE TWICE DURING THE PERIOD IN QUESTION.

FOR EMPLOYEES OF THE GOVERNMENT TO BE ENTITLED TO THE EXPENSES OR ALLOWANCES FOR TRAVEL AUTHORIZED BY STATUTE AND REGULATION (TRAVEL EXPENSE ACT OF 1949, 62 STAT. 166, AND STANDARDIZED GOVERNMENT TRAVEL REGULATIONS), THE TRAVEL MUST BE ESSENTIALLY FOR THE FURTHERANCE OF GOVERNMENT BUSINESS, AND IT IS NOT ENOUGH THAT OFFICIAL BUSINESS IS REMOTELY OR INCIDENTALLY ASSOCIATED WITH THE PARTICULAR TRIP. SEE 19 COMP. GEN. 658; B-57426, MAY 16, 1946. FURTHERMORE, TO THE EXTENT THAT THE TRAVEL OF AN EMPLOYEE, IN THE EXERCISE OF BROAD TRAVEL AUTHORITY SUCH AS HERE INVOLVED, CANNOT BE CONSIDERED TO HAVE BEEN FAIRLY AND REASONABLY DETERMINED AS ESSENTIALLY FOR THE FURTHERANCE OF GOVERNMENT BUSINESS, THE EXPENSES THEREOF ARE CHARGEABLE TO THE TRAVELER. THE PATTERN OF TRAVEL IN THE SUBJECT CASE IS SUCH AS TO CREATE A SUBSTANTIAL DOUBT AS TO THE ENTIRE TRAVEL TO GREENEVILLE AND NEARBY POINTS, AS REFLECTED BY THE TRAVEL VOUCHERS, HAVING BEEN UNDERTAKEN PRIMARILY FOR OFFICIAL REASONS. IN THE CIRCUMSTANCES WE ARE OF THE VIEW THAT THE TABULATION ABOVE, SO FAR AS IT REPRESENTS THE TEMPORARY DUTY TRAVEL ITSELF BUT WITHOUT VERIFICATION OF THE CORRECTNESS OF THE FIGURES, IS REASONABLE. WE WOULD INTERPOSE NO OBJECTION TO THE ESTABLISHMENT OF MR. MAYS' INDEBTEDNESS UPON THAT BASIS.

WHILE IT IS NOT STATED IN THE UNDER SECRETARY'S LETTER, IT IS UNDERSTOOD FROM DISCUSSIONS WITH REPRESENTATIVES OF YOUR DEPARTMENT THAT ADMINISTRATIVE CONTROLS AND PROCEDURES NOW HAVE BEEN REVISED AND STRENGTHENED SO AS TO DECREASE MATERIALLY THE LIKELIHOOD OF A SIMILAR SITUATION OCCURRING IN THE FUTURE.

THE COPIES OF THE TRAVEL VOUCHERS AND WORKING PAPERS OF THE AUDIT DIVISION, COMMODITY STABILIZATION SERVICE, COVERING THE TRAVEL PERFORMED BY MR. MAYS, ARE RETURNED, AS REQUESTED BY YOUR DEPARTMENT.