B-169233, APR. 20, 1970
Highlights
IS DENIED SINCE SERVICES OF TYPIST IN EXCESS OF HER SALARY LIMITATION WAS NOT AUTHORIZED. THE FACTS RELATED IN OUR SETTLEMENT WILL BE REPEATED HERE ONLY TO THE EXTENT NECESSARY TO AFFORD RECONSIDERATION OF THAT ACTION. THE TYPING SERVICE WAS PERFORMED OUTSIDE THE WORKING HOURS OF THE PART-TIME EMPLOYEE WHO COULD NOT OTHERWISE BE UTILIZED FOR SUCH SERVICE ON GOVERNMENT TIME BECAUSE OF MONETARY LIMITATIONS. DID NOT HAVE AUTHORITY TO DIRECT THE PART-TIME TYPIST TO WORK IN EXCESS OF THE SALARY LIMITATION SET BY THE APPOINTMENT AUTHORITY UNDER WHICH SHE WAS EMPLOYED. YOU WERE NOT AUTHORIZED BY A PROPER OFFICIAL TO OBLIGATE THE GOVERNMENT FOR PAYMENT OF THE EXPENSES IN QUESTION.
B-169233, APR. 20, 1970
PAYMENTS--VOLUNTARY--NO BASIS FOR VALID CLAIM REIMBURSEMENT OF $90 PAID BY CLAIMANT TO PART-TIME EMPLOYEE FOR TYPING SERVICES OUTSIDE LATTER'S WORKING HOURS, BECAUSE HER SERVICES COULD NOT OTHERWISE BE UTILIZED DUE TO AGENCY'S MONETARY LIMITATIONS, IS DENIED SINCE SERVICES OF TYPIST IN EXCESS OF HER SALARY LIMITATION WAS NOT AUTHORIZED, BUT EVEN HAD THEY BEEN AUTHORIZED, PAYMENTS GENERALLY MUST BE MADE DIRECTLY TO PUBLIC CREDITOR BY AUTHORIZED DISBURSING OFFICER FROM PUBLIC FUNDS, AND NO GOVT. OFFICER OR EMPLOYEE CAN CREATE VALID CLAIM IN HIS FAVOR BY PAYING GOVT. OBLIGATIONS FROM HIS OWN FUNDS. SEE 33 COMP. GEN. 20.
TO MR. MATTHEW A. PUCHALSKI:
WE REFER FURTHER TO YOUR LETTER OF FEBRUARY 3, 1970, WHICH APPARENTLY SEEKS RECONSIDERATION OF THE DISALLOWANCE OF YOUR CLAIM FOR $90 FOR EXPENSES INCURRED IN THE TYPING OF A MANUSCRIPT AS SET FORTH IN OUR SETTLEMENT OF JANUARY 26, 1970.
THE FACTS RELATED IN OUR SETTLEMENT WILL BE REPEATED HERE ONLY TO THE EXTENT NECESSARY TO AFFORD RECONSIDERATION OF THAT ACTION. IN SUMMARY YOU ASK FOR REIMBURSEMENT FOR THE SUM OF $90 PAID BY YOU TO ANOTHER SOIL CONSERVATION SERVICE EMPLOYEE (PART-TIME) FOR TYPING SERVICES IN CONNECTION WITH A 1966 SOIL SURVEY REPORT. THE TYPING SERVICE WAS PERFORMED OUTSIDE THE WORKING HOURS OF THE PART-TIME EMPLOYEE WHO COULD NOT OTHERWISE BE UTILIZED FOR SUCH SERVICE ON GOVERNMENT TIME BECAUSE OF MONETARY LIMITATIONS.
THE RECORD INDICATES THAT YOUR LOCAL SUPERVISOR, THE SOIL CONSERVATION SERVICE DISTRICT CONSERVATIONIST, DID NOT HAVE AUTHORITY TO DIRECT THE PART-TIME TYPIST TO WORK IN EXCESS OF THE SALARY LIMITATION SET BY THE APPOINTMENT AUTHORITY UNDER WHICH SHE WAS EMPLOYED. ADDITIONALLY, YOU WERE NOT AUTHORIZED BY A PROPER OFFICIAL TO OBLIGATE THE GOVERNMENT FOR PAYMENT OF THE EXPENSES IN QUESTION.
ASSUMING THAT THE UNITED STATES HAD BEEN PROPERLY OBLIGATED FOR PAYMENT FOR THE TYPING SERVICES THERE WOULD STILL BE FOR CONSIDERATION THE RULE MENTIONED IN OUR CLAIMS SETTLEMENT LETTER OF JANUARY 26, 1970, TO THE EFFECT THAT GENERALLY PAYMENTS MUST BE MADE DIRECTLY TO THE PUBLIC CREDITOR BY AN AUTHORIZED DISBURSING OFFICER OF THE UNITED STATES OUT OF PUBLIC FUNDS AND THAT NO OFFICER OR EMPLOYEE OF THE GOVERNMENT CAN CREATE A VALID CLAIM IN HIS FAVOR BY PAYING OBLIGATIONS OF THE UNITED STATES FROM HIS OWN FUNDS. SEE 33 COMP. GEN. 20. ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM MUST BE SUSTAINED.