B-163893, MAY 9, 1968

B-163893, MAY 9, 1968

TO MR. HAROLD P. DANZ:

WE REFER TO YOUR LETTER OF MARCH 25, 1968, REFERENCE F86/WR/-AF, FORWARDING FOR OUR ADVANCE DECISION THE TRAVEL VOUCHER OF MR. GEORGE W. SANDBERG, AN EMPLOYEE OF THE NATIONAL PARK SERVICE, UNITED STATES DEPARTMENT OF THE INTERIOR, TO REIMBURSE HIM FOR THE COST OF SUBSISTENCE WHILE PURPORTEDLY OCCUPYING TEMPORARY QUARTERS.

THE RECORD SHOWS THAT BY TRAVEL AUTHORIZATION DATED OCTOBER 9, 1967, MR. SANDBERG WAS AUTHORIZED TO TRAVEL ON OR ABOUT NOVEMBER 3, 1967, FROM VIENNA, VIRGINIA, TO SAN FRANCISCO, CALIFORNIA, INCIDENT TO A PERMANENT CHANGE OF STATION. UPON ARRIVAL IN SAN FRANCISCO HE MADE ARRANGEMENTS WITH A CHURCH TO RENT ITS PARSONAGE UNTIL HE COULD LOCATE PERMANENT RESIDENCE OR UNTIL THE ARRIVAL OF A NEW PASTOR. ON NOVEMBER 15, 1967, MR. SANDBERG'S HOUSEHOLD GOODS ARRIVED AND WERE PLACED IN THE RENTED PARSONAGE AT WHICH TIME HE AND HIS FAMILY STARTED TO OCCUPY THE PREMISES. APPARENTLY HE WAS ASSURED AT THAT TIME BY CERTAIN ADMINISTRATIVE OFFICIALS THAT THE MOVEMENT OF HIS EFFECTS INTO THE PREMISES WOULD NOT AFFECT HIS ENTITLEMENT TO THE TEMPORARY QUARTERS ALLOWANCE. THE RECORD SHOWS THAT PRIOR TO OCCUPANCY OF THE PARSONAGE THE OFFICIAL WHO AUTHORIZED THE EXPENSES OF TRANSFER ALSO AUTHORIZED THE PAYMENT OF SUBSISTENCE EXPENSES OF THE EMPLOYEE FOR USE OF TEMPORARY QUARTERS.

MR. SANDBERG CONTENDS THAT THE OCCUPATION OF THE PARSONAGE IN QUESTION SHOULD BE REGARDED AS TEMPORARY QUARTERS. A CALL HAD BEEN MADE FOR A NEW PASTOR ON NOVEMBER 5; HOWEVER, THE CALL WAS DECLINED ON DECEMBER 5, 1967. DURING THE 30 DAY TEMPORARY HOUSING PERIOD ATTEMPTS WERE MADE TO SECURE PERMANENT HOUSING INCLUDING TWO OFFERS MADE ON THE PURCHASE OF A HOME. IS NOTED THAT BOTH OFFERS WERE SUBJECT TO THE CLOSING SALE OF MR. SANDBERG'S HOME IN VIRGINIA. HIS VIRGINIA HOME WAS SOLD ON OCTOBER 8, 1967, SUBJECT TO A VETERANS ADMINISTRATION LOAN. THE LOAN WAS ISSUED BY THE VETERANS ADMINISTRATION JANUARY 12, 1968, WITH THE SALE CLOSING SCHEDULED FOR THE FIRST WEEK IN FEBRUARY. THE FILE SHOWS THAT MR. SANDBERG AND HIS FAMILU ARE STILL OCCUPYING THE RENTED HOUSE WHICH HE MOVED INTO ON NOVEMBER 15, 1967, SIGNING A LEASE THAT CAN BE TERMINATED WITH THREE WEEKS NOTICE BY EITHER PARTY.

THERE IS NO DEFINITION OF THE TERM TEMPORARY QUARTERS IN PUBLIC LAW 89- 516 OR THE REGULATIONS ISSUED PURSUANT THERETO. EACH CASE MUST BE TREATED ON THE BASIS OF THE PARTICULAR FACTS INVOLVED. IN THIS CASE THE FACTS REASONABLY ESTABLISH THAT AT THE TIME HE FIRST OCCUPIED THE PARSONAGE THE EMPLOYEE INTENDED TO REMAIN IN THE QUARTERS ONLY FOR A TEMPORARY PERIOD.

THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT AT THIS TIME IF OTHERWISE CORRECT.