B-134144, JAN 14, 1959

B-134144, JAN 14, 1959

HEADNOTE-UNAVAILABLE PRECIS-UNAVAILABLE

MR. RICHARD V. WOOLRIDGE:

YOUR LETTER OF DECEMBER 4, 1958, REQUESTS OUR DECISION WHETHER THE ENCLOSED VOUCHER LAWFULLY MAY BE PAID FROM FEDERALLY APPROPRIATED FUNDS, IN THE AMOUNT OF $334.03 WHEN ADMINISTRATIVELY APPROVED AND CERTIFIED IN FAVOR OF BOB M. HUNTLEY. THAT AMOUNT REPRESENTS THE COST OF SHIPMENT OF HIS HOUSEHOLD GOODS (1,100) FROM DUGUAY, UTAH, TO ANCHORAGE, ALASKA, UNDER TRAVEL ORDER NO. PHS-3-26276, DATED SEPTEMBER 24, 1957 AUTHORIZING TRAVEL AND TRANSPORTATION FROM BEMIDJI, MINNESOTA, TO ANCHORAGE, IN THE CIRCUMSTANCES OUTLINED BELOW.

THE RECORD SHOWS THAT ON AUGUST 23, 1957, THE ALASKA DEPARTMENT OF HEALTH FORMALLY OFFERED MR. HUNTLEY EMPLOYMENT BY THE TERRITORIAL GOVERNMENT. WITH ITS LETTER OF AUGUST 23, THAT DEPARTMENT FURNISHED HIM CERTAIN PAPERS AND A PROPOSED AGREEMENT TO BE SIGNED, AND AUTHORIZED CERTAIN TRAVEL AND TRANSPORTATION ON A REIMBURSABLE BASIS. ON AUGUST 26, 1957, MR. HUNTLEY SHIPPED THE 1,180 POUNDS OF HOUSEHOLD GOODS HERE IN QUESTION AT A COST OF $334.93, FROM DUGUAY TO ANCHORAGE. AT THE TIME HE WAS STILL AN EMPLOYEE OF THE FEDERAL GOVERNMENT AT THE DUGUAY PROVING GROUND. ON AUGUST 30, 1957, HE RESIGNED HIS DUGUAY EMPLOYMENT; HOWEVER, HE WENT TO BEMIDJI TO VISIT RELATIVES BEFORE PROCEDING TO ALASKA. AT THAT TIME, IT APPEARS MR. HUNTLEY HAD NOT FORMALLY ACCEPTED THE OFFER OF EMPLOYMENT BY THE TERRITORIAL GOVERNMENT, WHICH OFFER, IF ANY, WAS WITHDRAWN, FOR SEVERAL REASONS, LARGELY BUDGETARY.

YOU SAY THAT APPROXIMATELY AT THE SAME TIME YOUR OFFICE NEEDED A MERCHLOLOGIST GS-11 AND THAT MR. HUNTLEY HAD THE QUALIFICATIONS FOR THE POSITION. ON SEPTEMBER 10, 1957, YOUR OFFICE ADVISED HIM BY TELEGRAM OF YOUR NEED. HE ACCEPTED YOUR OFFER AND AGREED TO SIGN A TWO-YEAR AGREEMENT IN ACCORDANCE WITH THE PROVISIONS OF SECTION 7 OF PUBLIC LAW 600, 60 STAT. 808, 5 U.S.C. 738-3. ON SEPTEMBER 24, 1957, YOUR ABOVE MENTIONED TRAVEL ORDER NO. 26226 WAS ISSUED AUTHORIZING, MR. HUNTLEY AND HIS FAMILY TO TRAVEL FROM BEMIDJI TO ANCHORAGE. ALSO HE WAS AUTHORIZED TO SHIP BY EXPRESS NOT TO EXCEED 500 POUNDS OF PERSONAL EFFECTS (APPARENTLY AS BAGGAGE), OF WHICH YOU SAY 300 POUNDS WERE SHIPPED BY EXPRESS.

AS STATED ABOVE, THE COST OF SHIPMENT OF THE 1,180 POUNDS OF HOUSEHOLD GOODS WAS MADE PRIOR TO MR. HUNTLEY'S ACCEPTANCE OF THE OFFER OF FEDERAL EMPLOYMENT BY YOUR OFFICE. HOWEVER, YOUR QUESTION IS WHETHER, IN VIEW OF THE CLOSE RELATIONSHIP WHICH EXISTS BETWEEN THE FEDERAL PUBLIC HEALTH SERVICE AND THE STATE HEALTH DEPARTMENTS, WE MIGHT CONSIDER THAT YOUR OFFICE "ASSUMED MR. HUNTLEY'S EMPLOYMENT AGREEMENT WITH THE ALASKA DEPARTMENT OF HEALTH," SO FAR AS IT PERTAINS TO THE 1,180 POUNDS OF HOUSEHOLD GOODS. IN THAT REGARD YOU ANY THE ALASKA DEPARTMENT OF HEALTH HAS ADVISED MR. HUNTLEY THAT AS HE DID NOT ENTER ON DUTY WITH THEM THEY ARE WITHOUT AUTHORITY TO PAY FOR THE SHIPMENT.

SECTION 7 OF PUBLIC LAW 600 PROVIDES THAT IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE PRESIDENT APPROPRIATIONS FOR THE DEPARTMENTS SHALL BE AVAILABLE FOR EXPENSES OF TRAVEL OF OF NEW APPOINTEES AND FOR EXPENSES OF TRANSPORTATION OF THEIR IMMEDIATE FAMILIES AND THEIR HOUSEHOLD GOODS AND PERSONAL EFFECTS FROM PLACES OF ACTUAL RESIDENCE AT TIME OF APPOINTMENT TO PLACES OF EMPLOYMENT OUTSIDE THE CONTINESTAL UNITED STATES. THEREUNDER SECTION 4 OF EXECUTIVE ORDER NO. 9778 PROVIDES THAT EFFECTIVE NOVEMBER 1, 1946 EXPENDITURES WITHIN THE PURVIEW OF SECTIONS 2 AND 3 THEREOF-RELATING TO TRAVEL OF NEW APPOINTEES UNDER SECTION 7 OF PUBLIC LAW 600, AND TO TRANSPORTATION OF THEIR FAMILIES AND HOUSEHOLD GOODS, TO POSTS OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES - SHALL BE IN ACCORDANCE WITH REGULATIONS ISSUED UNDER SECTION 1 OF PUBLIC LAW 600. THUS, BY VIRTUE OF SECTION 4 OF EXECUTIVE ORDER NO. 9805 - ASSUMING THAT THE APPLICABLE LAW AND THESE REGULATIONS ARE OTHERWISE SATISFIED IN A GIVEN CASE - THE TRAVEL AND TRANSPORTATION EXPENSES ALLOWABLE UNDER THESE REGULATIONS, "WHEN AUTHORIZED OR APPROVED BY SUCH SUBORDINATE OFFICIAL OFFICIALS AS THE HEAD OF THE DEPARTMENT CONCERNED MAY DESIGNATE," SHALL BE PAID, THAT IS, IN THE CASE OF EITHER A NEW APPOINTEE OR A TRANSFEREE TO ANOTHER STATION FOR PERMANET DUTY.

THEREFORE, ASSUMING THAT MR. HUNTLEY EXECUTES AN AGREEMENT AS REQUIRED UNDER SECTION 7 OF PUBLIC LAW 600, THAT YOU ARE AUTHORIZED OR PROPERLY HAVE BEEN DESIGNATED IN YOUR APPARENTLY DUAL CAPACITY AS ADMINISTRATIVE OFFICER AND AS CERTIFYING OFFICER OF THE ARCTIC HEALTH RESEARCH CENTER TO "AUTHORIZE OR APPROVE" THE EXPENSES OF TRANSPORTATION SUCH AS HERE INVOLVED, AND IN LIGHT OF THE PRESENT RECORD, OUR OFFICE WOULD NOT BE REQUIRED TO QUESTION YOUR CERTIFICATION FOR PAYMENT OF THE SUBMITTED VOUCHER. CERTIFICATION FOR PAYMENT OF THE SUBMITTED VOUCHER.

IN LINE WITH THE FOREGOING VIEWS THE VOUCHER, WHICH IS RETURNED HERE WITH, MAY BE APPROVED (AS CERTIFIED BY YOU) FOR PAYMENT, IF OTHERWISE CORRECT.