B-176776, NOV 16, 1972

B-176776, NOV 16, 1972

CIVILIAN PERSONNEL - HOUSE-HUNTING TRIP DECISION ALLOWING CERTIFICATION OF A VOUCHER IN FAVOR OF EDWARD T. HOWE, JR., AN EMPLOYEE OF OEO, REPRESENTING THE EXPENSES OF A HOUSE HUNTING TRIP PERFORMED PRIOR TO THE DATE SHOWN ON THE TRAVEL AUTHORIZATION AND EMPLOYMENT AGREEMENT. AN EMPLOYEE, WHO ORALLY ACCEPTS A TRANSFER PRIOR TO MAKING A HOUSE HUNTING TRIP, MAY BE REIMBURSED FOR THE EXPENSES INCIDENT TO SUCH TRIP WHERE HE HAS ACCEPTED THE POSITION UNDER THE TERMS OF THE VACANCY ANNOUNCEMENT AND WHERE THE ISSUANCE OF THE WRITTEN TRAVEL AUTHORIZATION AND EMPLOYMENT AGREEMENT WERE DELAYED BECAUSE OF UNCERTAINTY AS TO THE DATE OF TRANSFER AND NOT BECAUSE OF ANY UNCERTAINTY AS TO WHETHER IT WOULD BE MADE.

TO MISS ANNORA F. FRAASA:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 10, 1972, REQUESTING A DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT A VOUCHER FOR $119.50 IN FAVOR OF MR. EDWARD T. HOWE, JR., REPRESENTING THE EXPENSES OF A HOUSE HUNTING TRIP PERFORMED PRIOR TO THE DATE SHOWN ON HIS TRAVEL AUTHORIZATION AND EMPLOYMENT AGREEMENT.

THE RECORD INDICATES THAT MR. HOWE AND HIS WIFE PERFORMED A HOUSE HUNTING TRIP DURING THE PERIOD MAY 1 - 3, 1970. ON MAY 11, 1970, MR. HOWE WAS OFFERED A TRANSFER FROM WASHINGTON, D.C., TO PHILADELPHIA, PENNSYLVANIA, AND ADVISED THAT IF HE ACCEPTED THE OFFER HE WAS TO REPORT FOR DUTY AT THE NEW STATION ON AUGUST 17, 1970. MR. HOWE ACCEPTED THE OFFER ON MAY 11, 1970, BUT YOUR AGENCY DID NOT ISSUE A PERSONNEL ACTION TRANSFERRING HIM UNTIL JULY 20, 1970. TRAVEL AUTHORIZATION NO. P1C-8008, DATED JULY 22, 1970, AUTHORIZED A HOUSE HUNTING TRIP FOR MR. HOWE AND HIS WIFE.

SECTION 2.4C(1) OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56, REVISED JUNE 26, 1969, PROVIDES IN PERTINENT PART AS FOLLOWS:

"(1) A TRIP FOR FINDING RESIDENCE QUARTERS WILL NOT BE PERMITTED AT GOVERNMENT EXPENSE UNTIL AFTER AN EMPLOYEE HAS AGREED TO THE TRANSFER AND THE DATE OF THE TRANSFER HAS BEEN ESTABLISHED, AND SHALL NOT BE AUTHORIZED UNDER CIRCUMSTANCES WHERE A PURPOSE OF THE TRIP IS TO PERMIT THE EMPLOYEE TO DECIDE WHETHER HE WILL ACCEPT THE TRANSFER. ***"

THE FILE SUBMITTED BY YOU CONTAINS A COPY OF VACANCY ANNOUNCEMENT NO. 70- 110, NOVEMBER 28, 1969, WHICH STATES THAT THE POSITION, TO WHICH MR. HOWE WAS LATER APPOINTED IN FEBRUARY 1970, WAS TO BE TRANSFERRED WITH YOUR MID- ATLANTIC OFFICE TO PHILADELPHIA AND THE APPLICANT MUST INDICATE A WILLINGNESS TO TRANSFER WITH THE POSITION. MR. HOWE AND HIS WIFE MADE THEIR TRIP IN MAY 1970 AND PURCHASED A RESIDENCE IN THE PHILADELPHIA AREA DURING THIS TRIP. MR. HOWE'S SUPERVISOR STATES THAT THE TRIP WAS MADE WITH HIS KNOWLEDGE AND THAT OF THE DIVISION DIRECTOR. THESE OFFICIALS INTENDED THAT MR. HOWE WAS TO HAVE A REASONABLE TIME TO RELOCATE. AT THE TIME THE SUPERVISORY OFFICIALS APPARENTLY WERE UNDER THE IMPRESSION THAT A SPECIFIC TRAVEL ORDER FOR THE HOUSE HUNTING TRIP WAS NOT NECESSARY SINCE THE TRANSFER OF FUNCTION WAS PENDING AND MR. HOWE HAD A BLANKET TRAVEL AUTHORIZATION.

THE RECORD CLEARLY INDICATES THAT MR. HOWE ACCEPTED THE TRANSFER PRIOR TO THE PERFORMANCE OF THE TRAVEL INVOLVED BY ACCEPTING HIS POSITION UNDER THE TERMS IN THE VACANCY ANNOUNCEMENT, PURCHASING A RESIDENCE DURING SUCH TRAVEL, AND ACCEPTING THE TRANSFER ON THE VERY DAY THE OFFER WAS MADE IN WRITING. THE LACK OF A SPECIFIC AUTHORIZATION FOR THE HOUSE HUNTING TRIP APPARENTLY STEMS FROM THE UNFAMILIARITY OF THE SUPERVISORY OFFICIALS WITH TRAVEL REGULATIONS AND CIRCULAR NO. A-56. THE ISSUANCE OF THE PERSONNEL ACTION AND THE OBTAINING OF THE EMPLOYMENT AGREEMENT WERE DELAYED BECAUSE OF UNCERTAINTY AS TO THE DATE OF THE TRANSFER AND NOT BECAUSE OF ANY UNCERTAINTY AS TO WHETHER IT WOULD BE MADE.

UNDER THE CIRCUMSTANCES RELATED ABOVE WE SEE NO OBJECTION TO REIMBURSING MR. HOWE FOR THE EXPENSES IN QUESTION. ACCORDINGLY, THE VOUCHER IS RETURNED HEREWITH AND MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.