B-171908, JUL 6, 1971, 51 COMP GEN 10

B-171908, JUL 6, 1971, 51 COMP GEN 10

OFFICERS AND EMPLOYEES - TRANSFERS - EFFECTIVE DATE - PER DIEM AND TRAVEL PURPOSES AN EMPLOYEE WHO WHILE ON TEMPORARY DUTY IN BOSTON IS CONFIRMED FOR A PERMANENT APPOINTMENT AT THE TEMPORARY DUTY STATION EFFECTIVE JULY 12, 1970, NOTICE OF WHICH WAS NOT RECEIVED AT BOSTON UNTIL JULY 27, AFTER THE EMPLOYEE HAD DEPARTED ON JULY 23, AND TO WHICH POINT HE DID NOT RETURN TO ASSUME HIS NEW DUTIES UNTIL AUGUST 9, DURING WHICH PERIOD HE PERFORMED DUTY AT HIS OLD HEADQUARTERS, CHICAGO, RETURNED TO BOSTON TO SEEK HOUSING, ATTENDED A CONFERENCE, AND WAS ON LEAVE, IS CONSIDERED TO HAVE BEEN TRANSFERRED FOR TRAVEL AND PER DIEM PURPOSES ON AUGUST 9, THE DATE HE RETURNED TO BOSTON, AND AS THE EMPLOYEE WAS EXPECTED TO RETURN TO CHICAGO AFTER COMPLETING HIS TEMPORARY DUTY, THE RULE THAT AN EMPLOYEE MAY NOT BE ALLOWED PER DIEM AFTER RECEIVING NOTICE HIS TEMPORARY DUTY STATION IS TO BE HIS PERMANENT STATION HAS NO APPLICATION.

TO THE DIRECTOR, OFFICE OF ECONOMIC OPPORTUNITY, JULY 6, 1971:

THIS FURTHER REFERS TO LETTER OF FEBRUARY 9, 1971, FROM MR. ROBERT C. CASSIDY, FORMER ASSOCIATE DIRECTOR FOR ADMINISTRATION, REQUESTING A DECISION CONCERNING THE ENCLOSED TRAVEL VOUCHER OF MR. ROBERT E. FULTON FOR THE SUM OF $239.65 COVERING EXPENSES OF TEMPORARY DUTY TRAVEL AND PER DIEM FOR 9 1/4 DAYS, JULY 14 TO 23, 1970, FROM CHICAGO, ILLINOIS, TO BOSTON, MASSACHUSETTS, AND RETURN UNDER TRAVEL AUTHORIZATION NO. P1N2114 DATED JULY 14, 1970.

THE ITEM IN QUESTION IS THE CLAIM FOR PER DIEM FOR THE PERIOD IN BOSTON. IT IS STATED IN THE LETTER OF FEBRUARY 9, 1971, THAT YOUR OFFICE IS AWARE OF THE RULE EXPRESSED IN NUMEROUS DECISIONS OF OUR OFFICE THAT AN EMPLOYEE MAY NOT BE ALLOWED PER DIEM IN LIEU OF SUBSISTENCE AT A PLACE WHERE AN EMPLOYEE IS ON TEMPORARY DUTY AFTER HE RECEIVES NOTICE THAT SUCH PLACE IS TO BECOME HIS PERMANENT DUTY STATION; ALSO, THAT SUCH RULINGS HAVE REQUIRED THAT "THE NOTICE TO THE EMPLOYEE NOT ONLY MUST BE COMMUNICATED TO HIM BY PROPER AUTHORITY, BUT SHOULD BE DEFINITE AS TO ACTION BEING TAKEN SO AS TO LEAVE NO DOUBT IN THE EMPLOYEE'S MIND WITH RESPECT THERETO."

THE FACTS OF RECORD MATERIAL TO DETERMINATION OF THE QUESTION ARE THAT MR. FULTON HAD BEEN PREVIOUSLY APPRISED OF HIS PENDING APPOINTMENT AS REGIONAL DIRECTOR IN BOSTON, MASSACHUSETTS, SUBJECT TO APPROVAL BY THE CIVIL SERVICE COMMISSION. WHILE HOLDING THE POSITION OF CHIEF, LOWER GREAT LAKES OPERATIONS DIVISION, AND ON TEMPORARY DUTY IN BOSTON, HE RECEIVED ON JULY 15 A TWX MESSAGE FROM YOU, AS ASSISTANT DIRECTOR FOR OPERATIONS, INFORMING HIM THAT THE CIVIL SERVICE COMMISSION HAD CONFIRMED HIS APPOINTMENT AS REGIONAL DIRECTOR AT GS-16 LEVEL. THE STANDARD FORM 50, NOTIFICATION OF PERSONNEL ACTION, WAS SIGNED BY MR. WALTER O. JOHNSON, DIRECTOR OF PERSONNEL, ON JULY 10, 1970, WITH THE DESIGNATED EFFECTIVE DATE OF JULY 12, 1970, BUT WAS NOT RECEIVED IN BOSTON UNTIL JULY 27.

UPON COMPLETION OF TEMPORARY DUTY AT BOSTON ON JULY 23, 1970, MR. FULTON RETURNED TO CHICAGO TO AGAIN PERFORM OFFICIAL DUTIES AS THE DESIGNATED CHIEF OF THE LOWER GREAT LAKES DIVISION. DURING THE INTERIM FROM JULY 23 AND PRECEDING MR. FULTON'S ARRIVAL FOR DUTY IN BOSTON AS REGIONAL DIRECTOR ON AUGUST 9, THE FOLLOWING OCCURRED:

JULY 24 (FRIDAY) ON DUTY IN CHICAGO.

JULY 26-30 (SUNDAY- ROUND TRIP BY MR. AND MRS. FULTON

THURSDAY) TO SEEK HOUSING AT BOSTON PERFORMED

UNDER REGION I TRAVEL AUTHORIZATION

NO. PL 8011 DATED JULY 2.

JULY 31 (FRIDAY) ON DUTY IN CHICAGO.

AUGUST 1-5 (SATURDAY- ON LEAVE.

WEDNESDAY)

AUGUST 5-7 (WEDNESDAY- TRAVEL AND ATTENDANCE AT REGIONAL

FRIDAY) DIRECTOR'S MEETING, DENVER, COLORADO.

AUGUST 8 (SATURDAY) CHICAGO.

AUGUST 9 (SUNDAY) TRAVELED CHICAGO TO BOSTON.

THE DOUBT AS TO WHETHER THE AFOREMENTIONED RULE SHOULD BE APPLIED ARISES BECAUSE OF MR. FULTON'S RETURN TO CHICAGO ON JULY 23 TO HIS OFFICIAL DUTIES IN THAT OFFICE AS DESIGNATED CHIEF OF THE LOWER GREAT LAKES DIVISION. CONSIDERING THESE CIRCUMSTANCES, IT IS THE ADMINISTRATIVE VIEW THAT THE EFFECTIVE DATE OF TRANSFER (FOR TRAVEL AND PER DIEM PURPOSES) MAY BE VIEWED AS THE DATE MR. FULTON RETURNED TO BOSTON TO STAY (AUGUST 9).

THE RECORD SHOWS THAT IT WAS EXPECTED THAT MR. FULTON, UPON COMPLETION OF HIS TEMPORARY DUTY IN BOSTON DURING THE PERIOD HERE IN QUESTION, WOULD RETURN TO CHICAGO FOR OFFICIAL DUTY. IN VIEW THEREOF AND UNDER THE STATED FACTS AND CIRCUMSTANCES IN THIS PARTICULAR CASE, CHICAGO MAY BE CONSIDERED AS MR. FULTON'S HEADQUARTERS FOR PER DIEM PURPOSES UNTIL AUGUST 9, 1970, THE DATE HE ACTUALLY REPORTED FOR PERMANENT DUTY IN BOSTON.

THE VOUCHER, WITH ATTACHMENTS, IS RETURNED AND MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.