B-163879, APR. 19, 1968

B-163879, APR. 19, 1968

TO MR. CHARLES J. WILLIAMSON:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 16, 1968, REQUESTING REVIEW OF SETTLEMENT OF OUR CLAIMS DIVISION DISALLOWING YOUR CLAIM FOR REIMBURSEMENT FOR THE COSTS OF TRAVEL EXPENSES AND A MEDICAL EXAMINATION IN CONNECTION WITH AN OFFER OF EMPLOYMENT BY THE DEFENSE SUPPLY AGENCY, BURLINGAME, CALIFORNIA.

THE RECORD SHOWS THAT THE AGENCY BY LETTER DATED FEBRUARY 8, 1967, CONFIRMED THEIR VERBAL OFFER OF EMPLOYMENT FOR THE POSITION OF MECHANICAL QUALITY CONTROL SPECIALIST, GS-1940-9, WITH PROTECTION OF SALARY SUBJECT TO VERIFICATION UPON RECEIPT OF YOUR INACTIVE PERSONNEL RECORD FROM YOUR LAST FEDERAL EMPLOYER. THE LETTER ALSO ENCLOSED A STANDARD FORM 78, CERTIFICATE OF MEDICAL EXAMINATION, WHICH YOU WERE REQUESTED TO TAKE TO YOUR PERSONAL PHYSICIAN FOR COMPLETION. WHEN YOU REPORTED FOR EMPLOYMENT PROCESSING IT WAS LEARNED THAT YOU WERE NOT CURRENTLY EMPLOYED IN THE FEDERAL SERVICE AND YOUR PRIOR FEDERAL SERVICE HAD BEEN UNDER AN EXCEPTED APPOINTMENT WITH THE ATOMIC ENERGY COMMISSION WITH A BREAK IN SERVICE. ALTHOUGH YOU WERE, THEREFORE, INELIGIBLE FOR TRANSFER OR REINSTATEMENT BECAUSE YOU HAD NOT HELD A CAREER OR CAREER CONDITIONAL APPOINTMENT, YOU WERE OFFERED A TEMPORARY APPOINTMENT PENDING ESTABLISHMENT OF REGISTER UNDER AUTHORITY RECEIVED FROM THE SAN FRANCISCO REGION OF THE CIVIL SERVICE COMMISSION TO THE SAME POSITION AND GRADE. YOU DECLINED THIS APPOINTMENT EVEN THOUGH IT WAS EXPLAINED THAT UNDER EXISTING REGULATIONS YOU WERE INELIGIBLE FOR A PERMANENT TYPE OF APPOINTMENT. YOUR CLAIM WAS DISALLOWED BECAUSE IT IS THE GENERAL RULE THAT AN EMPLOYEE MUST BEAR THE EXPENSES OF TRAVEL TO HIS FIRST STATION UNLESS OTHERWISE PROVIDED BY STATUTE; ALSO, REFERENCE WAS MADE TO SUBCHAPTER S2 (S2-4B), APPENDIX A, FEDERAL PERSONNEL MANUAL SUPPLEMENT 296-31, WHICH STATES THAT WHEN A MEDICAL CERTIFICATE IS REQUIRED AND THE EXAMINATION IS CONDUCTED BY A "DULY LICENSED PHYSICIAN" WHO IS NOT A FEDERAL MEDICAL OFFICER, THE APPOINTEE IS REQUIRED TO PAY THE EXAMINATION FEE.

YOU ALLEGE THAT ON OR ABOUT THE DATE OF THE WRITTEN EMPLOYMENT OFFER YOU INFORMED A REPRESENTATIVE OF THE AGENCY YOU WERE NO LONGER IN GOVERNMENT SERVICE, YOUR PRIOR SERVICE WAS UNDER AN EXCEPTED APPOINTMENT, AND YOU WOULD NOT ACCEPT AN OFFER OF EMPLOYMENT UNLESS IT GAVE YOU MOVING EXPENSES AND YOUR OLD RATE AS A GS-9, STEP 4. YOU FURTHER ALLEGE THAT, AFTER HE RECEIVED THIS INFORMATION, THE AGENCY REPRESENTATIVE TOLD YOU YOUR CONDITIONS WOULD BE MET. YOU BELIEVE THAT IN VIEW OF THIS YOUR CLAIM SHOULD BE ALLOWED, REGARDLESS OF THE GENERAL RULE AND THE REGULATION.

THE WRITTEN EMPLOYMENT OFFER SHOWS THE PROPOSED SALARY WAS SUBJECT TO VERIFICATION UPON RECEIPT OF YOUR FEDERAL PERSONNEL RECORD AND DID NOT CONTAIN AN OFFER TO PAY ANY EXPENSES INCURRED BY YOU IN REPORTING FOR DUTY. MOREOVER, A GOVERNMENT AGENT MUST ACT WITHIN THE SCOPE OF HIS AUTHORITY. THUS, EVEN IF THE OFFER HAD INCLUDED THE ALLEGED ORAL TERMS, THE EXPENSES WOULD NOT HAVE BEEN REIMBURSABLE BECAUSE THEY WERE NOT AUTHORIZED BY LAW OR REGULATION.