B-163025, JAN. 18, 1968

B-163025, JAN. 18, 1968

EMPLOYEES - TRANSFERS - PUBLIC LAW 89-516 - TEMPORARY QUARTERS DECISION TO CERTIFYING OFFICER OF FOREST SERVICE CONCERNING PROPRIETY OF CERTIFICATION OF SUBSISTENCE ALLOWANCE FOR EMPLOYEE OCCUPYING TEMPORARY QUARTERS IN EXCESS OF TIME SPECIFIED IN TRANSFER ORDERS. EMPLOYEES WHO IN THE TRANSFER ORDERS WERE AUTHORIZED SUBSISTENCE UP TO A CERTAIN NUMBER OF DAYS BUT WHO OCCUPIED TEMPORARY QUARTERS FOR A LONGER PERIOD OF TIME MAY NOT IN ABSENCE OF SHOWING OF ADMINISTRATIVE ERROR IN FIXING THE TIME BE ALLOWED SUBSISTENCE FOR LONGER PERIODS OF TIME. SEC. 2.5 BOB CIRCULAR A-56 DOES NOT PERMIT AN ADMINISTRATIVE REDETERMINATION OF THE PERIOD AUTHORIZED IN AN EMPLOYEE'S TRAVEL ORDERS. IN CASE OF AN EMPLOYEE WHOSE ORDERS PROVIDED FOR SUBSISTENCE UP TO 5 DAYS AND INCLUDED A REFERENCE TO ACTUAL EXPENSES WITH STATED MAXIMUMS FOR 1ST 10 DAYS, RECOVERY FOR THE ADDITIONAL 5 DAYS, RECOVERY FOR THE ADDITIONAL 5 DAYS OF THE FIRST 10-DAY PERIOD IS NOT REQUIRED.

TO MR. BAXTER REED:

WE REFER TO YOUR LETTER OF NOVEMBER 21, 1967, REFERENCE 6540, REQUESTING OUR DECISION CONCERNING THE PROPRIETY OF CERTIFYING FOR PAYMENT TWO VOUCHERS, ONE IN FAVOR OF GEORGE H. ROSE AND THE OTHER IN FAVOR OF CHARLES J. CRAIL, COVERING SUBSISTENCE WHILE OCCUPYING TEMPORARY QUARTERS FOR A PERIOD OF TIME IN EXCESS OF THAT SPECIFIED IN THE TRAVEL AUTHORIZATION OF EACH OF THE RESPECTIVE EMPLOYEES.

THE TRAVEL AUTHORIZATION OF MR. ROSE PROVIDES FOR THE PAYMENT OF "SUBSISTENCE FOR UP TO 20 DAYS WHILE OCCUPYING TEMPORARY QUARTERS PRIOR TO TIME EMPLOYEE MOVES INTO PERMANENT QUARTERS AT NEW OFFICIAL STATION" AND, SIMILARLY, THAT OF MR. CRAIL PROVIDES FOR "SUBSISTENCE FOR UP TO 5 DAYS WHILE OCCUPYING TEMPORARY QUARTERS PRIOR TO TIME EMPLOYEE MOVES INTO PERMANENT QUARTERS AT NEW OFFICIAL STATION.'

THE PLAIN WORDING OF THE ORDERS AUTHORIZING SUBSISTENCE EXPENSES IN THE CASE OF ONE OF THE EMPLOYEES (MR. ROSE) "FOR UP TO 20 DAYS" AND IN THE OTHER (MR. CRAIL) "FOR UP TO 5 DAYS" CLEARLY EVIDENCES AN INTENT TO PLACE A MAXIMUM LIMITATION UPON THE NUMBER OF DAYS FOR WHICH SUBSISTENCE COULD BE PAID UNDER THE ORDERS. WE FIND NO PROVISION IN SECTION 2.5 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 COVERING USE OF TEMPORARY QUARTERS WHICH INDICATES AN INTENT TO PERMIT AN ADMINISTRATIVE REDETERMINATION OF THE PERIOD AUTHORIZED IN AN EMPLOYEE'S TRAVEL ORDERS FOR USE OF TEMPORARY QUARTERS. THEREFORE, IN THE ABSENCE OF A CLEAR SHOWING OF ADMINISTRATIVE ERROR -- AND NO EVIDENCE OF SUCH AN ERROR HAS BEEN PRESENTED -- WE KNOW OF NO PROPER BASIS UPON WHICH SUBSISTENCE MAY BE ALLOWED FOR ANY PERIOD IN EXCESS OF THE NUMBER OF DAYS SPECIFIED IN THE RESPECTIVE TRAVEL AUTHORIZATIONS. THE FACT THAT THE EMPLOYING AGENCY MIGHT HAVE AUTHORIZED THE PAYMENT OF SUBSISTENCE FOR A LONGER PERIOD OF TIME, HAD IT KNOWN IN ADVANCE HOW LONG THE RESPECTIVE EMPLOYEES WOULD REMAIN IN TEMPORARY QUARTERS, IS NOT MATERIAL. HOWEVER, IN MR. CRAIL'S CASE THE TEXT OF ITEM 14 OF HIS AUTHORIZATION RELATING TO TEMPORARY QUARTERS INCLUDED A REFERENCE TO ACTUAL EXPENSES WITH STATED MAXIMUMS FOR "1ST 10 DAYS.' THUS, THE PAYING OFFICE ALLOWED THE EMPLOYEE THE COST OF OCCUPANCY FOR 10 DAYS. IN THE CIRCUMSTANCES, WE WILL NOT REQUIRE COLLECTION OF THE COST INCURRED AND REIMBURSED FOR THE ADDITIONAL 5 DAYS OF THE FIRST 10-DAY PERIOD.

ACCORDINGLY, UPON THE PRESENT RECORD, WE PERCEIVE NO LEGAL BASIS FOR THE PAYMENT OF SUBSISTENCE FOR MORE THAN 20 DAYS IN THE CASE OF MR. ROSE OR MORE THAN 10 DAYS IN THE CASE OF MR. CRAIL.

THE VOUCHERS WHICH ARE RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT.