B-168924, MAR. 10, 1970

B-168924, MAR. 10, 1970

OFFICERS AND EMPLOYEES--TRANSFERS--RELOCATION EXPENSES--TEMPORARY QUARTERS--DETERMINATION EMPLOYEE WHO WAS TRANSFERRED FROM BOULDER, COLO. TO SUGAR LEAF DAMSITE NEAR LEADVILLE, COLO. AND WAS AUTHORIZED TRAVEL AND RELOCATION EXPENSES, INCLUDING TEMPORARY LODGING AND SUBSISTENCE BUT WHO DID NOT MOVE HIS FAMILY SINCE HE WAS ON SURPLUS LIST AND SUBJECT TO DISPLACEMENT, MAY BE PAID FOR TEMPORARY QUARTERS AND SUBSISTENCE EXPENSES WHILE RESIDING IN HOTEL, EMPLOYEE OCCUPYING TRANSIT QUARTERS AFTER VACATING RESIDENCE OCCUPIED WHILE STATIONED IN PUEBLO AND FACT THAT HE DID NOT MOVE HIMSELF OR FAMILY INTO PERMANENT QUARTERS UPON BEING SEPARATED BY REDUCTION-IN- FORCE ACTION IS NOT REGARDED AS AFFECTING HIS ENTITLEMENT TO TEMPORARY QUARTERS ALLOWANCE FOR HIMSELF SEE 47 COMP. GEN. 84 (1967).

TO MR. HAROLD J. FARRALL:

THIS IS IN REPLY TO YOUR RECENT LETTER, REFERENCE 7-360, REQUESTING OUR DECISION AS TO WHETHER A VOUCHER FOR $118.70 IN FAVOR OF MR. DARYL C. CARSTENS, A FORMER EMPLOYEE OF YOUR AGENCY, FOR TEMPORARY LODGING AND SUBSISTENCE EXPENSES MAY BE CERTIFIED FOR PAYMENT.

MR. CARSTENS WAS TRANSFERRED FROM PUEBLO, COLORADO, TO SUGAR LOAF DAMSITE NEAR LEADVILLE, COLORADO, EFFECTIVE JULY 13, 1969. HE WAS AUTHORIZED TRAVEL AND RELOCATION EXPENSES INCLUDING TEMPORARY LODGING AND SUBSISTENCE. MR. CARSTENS, AFTER A 2-WEEK DETAIL TO HIS OLD POSITION, REPORTED TO HIS NEW DUTY STATION ON AUGUST 4, 1969, AND REMAINED THERE UNTIL HE WAS SEPARATED IN A REDUCTION-IN-FORCE ACTION EFFECTIVE SEPTEMBER 5, 1969. DURING HIS STAY IN LEADVILLE, MR. CARSTENS RESIDED IN A HOTEL. HE DID NOT MOVE HIS FAMILY SINCE HE WAS ON THE SURPLUS LIST AND SUBJECT TO DISPLACEMENT. YOU QUESTION WHETHER THE LODGING CAN BE CONSIDERED TEMPORARY BECAUSE MR. CARSTENS NEVER MOVED HIS FAMILY TO THE LEADVILLE AREA.

SECTION 2.5B OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 PROVIDES IN PERTINENT PART AS FOLLOWS:

"(3) TEMPORARY QUARTERS REFERS TO LODGING OBTAINED TEMPORARILY BY THE EMPLOYEE AND/OR MEMBERS OF HIS IMMEDIATE FAMILY WHO HAVE VACATED THE RESIDENCE QUARTERS IN WHICH THEY WERE RESIDING AT THE TIME THE TRANSFER WAS AUTHORIZED."

WHETHER QUARTERS ARE TEMPORARY MUST BE DETERMINED ON THE BASIS OF THE PARTICULAR FACTS INVOLVED. 47 COMP. GEN. 84 (1967). IN THE INSTANT CASE MR. CARSTENS OCCUPIED TRANSIENT QUARTERS, QUARTERS IN A HOTEL, AFTER HE VACATED THE RESIDENCE HE OCCUPIED WHILE STATIONED IN PUEBLO. MR. CARSTENS DID NOT MOVE HIMSELF OR HIS FAMILY TO PERMANENT QUARTERS SINCE HE WAS SEPARATED BY A REDUCTION-IN-FORCE ACTION. THE LATTER CIRCUMSTANCES ARE NOT REGARDED AS AFFECTING HIS ENTITLEMENT TO THE TEMPORARY QUARTERS ALLOWANCE FOR HIMSELF.

ACCORDINGLY, THE VOUCHER RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE PROPER.