B-178558, JUN 20, 1973

B-178558, JUN 20, 1973

PROPRIETY OF CERTIFYING FOR PAYMENT A $53.00 CLAIM FOR COMMUTATION AND PARKING FEES INCURRED BY MR. HERBERT M. KOSTER, AN EMPLOYEE OF COMMERCE WHILE IN TEMPORARY DUTY STATUS IN NEW YORK CITY DURING THE MONTH OF JANUARY 1973. AUTHORIZED PAYMENT.

TO MR. ROBERT D. TILEY:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 27, 1973, REQUESTING OUR DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT A $53 CLAIM FOR COMMUTATION AND PARKING FEES INCURRED BY MR. HERBERT M. KOSTER, AN EMPLOYEE OF YOUR AGENCY, WHILE IN TEMPORARY DUTY STATUS IN NEW YORK CITY DURING THE MONTH OF JANUARY 1973.

WHILE ON TEMPORARY DUTY MR. KOSTER CHOSE TO LODGE IN WHITE PLAINS, NEW YORK, APPROXIMATELY 30 MILES FROM HIS TEMPORARY DUTY STATION. IN ORDER TO REACH NEW YORK CITY MR. KOSTER DROVE HIS CAR FROM HIS LODGING TO THE WHITE PLAINS RAILROAD STATION, WHERE HE INCURRED PARKING EXPENSES AT THE RATE OF 50 CENTS PER DAY. HE ALSO PURCHASED A MONTHLY PENN CENTRAL COMMUTER'S TICKET FROM WHITE PLAINS TO NEW YORK CITY FOR $44 AND SPENT 70 CENTS PER DAY FOR SUBWAY FARES. THE SUBWAY FARES WERE ALLOWED BUT THE OTHER LOCAL TRAVEL EXPENSES WERE DISALLOWED BY YOU ON THE BASIS THAT LODGING IN WHITE PLAINS WAS FOR MR. KOSTER'S PERSONAL CONVENIENCE AND WOULD NOT, THEREFORE, BE A PROPER CHARGE TO THE DEPARTMENT OF COMMERCE.

MR. KOSTER, HOWEVER, HAS STATED THAT HIS LODGING IN WHITE PLAINS WAS NOT FOR PERSONAL CONVENIENCE, BUT WAS FOR THE ADVANTAGE OF THE GOVERNMENT. ASSERTS THAT HIS LODGING THERE RESULTED IN A REDUCTION OF HIS PER DIEM ALLOWANCE AND A SAVINGS ON PARKING, THUS CREATING A TOTAL SAVINGS TO THE GOVERNMENT IN EXCESS OF $100.

THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS (SGTR), AS REVISED EFFECTIVE OCTOBER 10, 1971, PROVIDE IN PERTINENT PART AS FOLLOWS:

1.2 EMPLOYEE'S OBLIGATION. EMPLOYEES TRAVELING ON OFFICIAL BUSINESS ARE EXPECTED TO EXERCISE THE SAME CARE IN INCURRING EXPENSES THAT A PRUDENT PERSON WOULD EXERCISE IF TRAVELING ON PERSONAL BUSINESS.

2.3 LOCAL TRANSPORTATION. A. TO, FROM AND BETWEEN PLACES OF WORK. TRANSPORTATION BY BUS OR STREETCAR BETWEEN PLACES OF BUSINESS AT AN OFFICIAL STATION OR A TEMPORARY DUTY STATION, AND BETWEEN PLACES OF LODGING AND PLACE OF BUSINESS AT A TEMPORARY DUTY STATION, WILL BE ALLOWED AS A TRANSPORTATION EXPENSE. (CONCERNING TRANSPORTATION BY TAXICAB BETWEEN SUCH PLACES, SEE 3.1).

THE RECORD INDICATES THAT BY COMMUTING FROM WHITE PLAINS MR. KOSTER BECAME ENTITLED TO PER DIEM IN THE TOTAL AMOUNT OF $377.50 - 3 DAYS AT $22.50 PER DAY AND 15-1/2 DAYS AT $20 PER DAY. WE HAVE BEEN INFORMALLY ADVISED THAT IF MR. KOSTER HAD LODGED IN NEW YORK CITY HE WOULD HAVE INCURRED HIGHER LODGING COSTS AND UNDER YOUR AGENCY'S REGULATIONS WOULD HAVE BEEN ENTITLED TO THE MAXIMUM PER DIEM ALLOWANCE OF $25 PER DAY, WHICH WOULD HAVE TOTALED $462.50 FOR HIS PERIOD OF TEMPORARY DUTY. THEREFORE, MR. KOSTER APPARENTLY EFFECTED A SAVING OF $85 IN HIS PER DIEM ALLOWANCE AND A NET SAVING OF $32 IN TOTAL TRAVEL EXPENSES ($85 REDUCTION IN PER DIEM, LESS $53 COMMUTER'S TICKET AND PARKING FEES).

WE RECOGNIZE THAT SECTION 2.3 OF SGTR APPARENTLY CONTEMPLATES THAT A TRAVELER WILL ORDINARILY LODGE WITHIN WALKING DISTANCE OF A SINGLE LOCAL TRANSPORTATION FACILITY WHICH WILL ENABLE HIM TO REACH HIS TEMPORARY DUTY STATION. HOWEVER, WE BELIEVE THAT WHEN A TRAVELER ACTS IN THE PRUDENT MANNER REQUIRED BY SECTION 1.2 OF SGTR AND EFFECTS AN OVERALL SAVING IN TRAVEL EXPENSES THAT HE SHOULD BE ENTITLED TO REIMBURSEMENT OF THE ADDITIONAL EXPENSES INCURRED IN TRAVELING BY MORE THAN ONE MODE OF TRANSPORTATION TO REACH HIS TEMPORARY DUTY STATION. SINCE MR. KOSTER EFFECTED AN OVERALL SAVING IN TRAVEL EXPENSES, HE ACTED IN A PRUDENT MANNER AND IS ENTITLED TO THE ADDITIONAL EXPENSES CLAIMED.

IN VIEW OF THE FOREGOING, MR. KOSTER'S CLAIM MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE PROPER.