B-180693, MAY 23, 1974

B-180693, MAY 23, 1974

ALTHOUGH EMPLOYEE, WHO AFTER RECEIPT OF PERMANENT CHANGE OF STATION ORDERS MADE ARRANGEMENTS FOR TRANSPORTATION OF HER MOBILE HOUSE, DID NOT TRANSFER BECAUSE AGENCY CANCELED ORDERS, SHE IS ENTITLED TO REIMBURSEMENT OF TRANSPORTATION AND MISCELLANEOUS EXPENSES INCURRED SINCE SHE INCURRED THE EXPENSES PURSUANT TO THE ORDERS AND ALLOWANCE MAY BE MADE TO SAME EXTENT THEY WOULD HAVE BEEN ALLOWABLE IF TRANSFER HAD BEEN CONSUMMATED. ALTHOUGH AN EMPLOYEE, WHO HAD BEEN GRANTED ADMINISTRATIVE LEAVE IN CONNECTION WITH A TRANSFER OF STATION DID NOT COMPLETE THE TRANSFER BECAUSE THE AGENCY CANCELED IT, NO OBJECTION WILL BE MADE TO THE GRANT OF SUCH LEAVE IF THE AGENCY DETERMINES SUCH LEAVE WAS GRANTED FOR THE PURPOSE OF COMPLYING WITH THE TRANSFER ORDER AND ITS CANCELLATION SINCE AN AGENCY MAY EXCUSE AN EMPLOYEE FOR BRIEF PERIODS OF TIME WITHOUT CHARGE OF LEAVE OR LOSS OF PAY.

TO MR. GERALD G. TYLER:

THIS IS A REQUEST BY A CERTIFYING OFFICER AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT A VOUCHER IN THE AMOUNT OF $615 REPRESENTING EXPENSES INCURRED BY MRS. HAZEL L. MCMAIN, AN EMPLOYEE OF THE OUACHITA CIVILIAN CONSERVATION CENTER, FOREST SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE, AT STORY, ARKANSAS.

MRS. MCMAIN ACCEPTED AN OFFER TO TRANSFER TO THE FLATWOODS CIVILIAN CONSERVATION CENTER IN COEBURN, VIRGINIA. A TRAVEL AUTHORIZATION FOR A CHANGE OF STATION WAS ISSUED JUNE 6, 1973, AUTHORIZING TRAVEL TO BEGIN ON OR ABOUT JUNE 18, 1973. AFTER RECEIPT OF A TRAVEL ORDER FOR HERSELF AND FAMILY AND AN ADVANCE OF TRAVEL EXPENSES, MRS. MCMAIN CONTACTED AN AGENCY TO MOVE HER HOUSE TRAILER FROM STORY TO COEBURN. THE HOUSE TRAILER WAS TO BE MOVED AT 8 A.M., MONDAY, JUNE 18, 1973. SHE WAS PLACED ON ADMINISTRATIVE LEAVE FOR THE WEEK OF JUNE 18-24, 1973. MRS. MCMAIN WAS NOTIFIED BY TELEPHONE SATURDAY, JUNE 16, 1973, THAT THERE WAS A DELAY IN HER TRANSFER AND SHE SHOULD NOT MOVE HER TRAILER HOUSE. LATER HER TRANSFER WAS CANCELED INFORMALLY AND CONFIRMED IN WRITING ON JUNE 26, 1973. THE FOLLOWING QUESTIONS ARE SUBMITTED FOR A DECISION:

1. UNDER THE CIRCUMSTANCES RELATED ABOVE MAY THE VOUCHER FOR REIMBURSEMENT OF EXPENSES BE CERTIFIED FOR PAYMENT?

2. MAY THE ONE WEEK ADMINISTRATIVE LEAVE STAND OR SHOULD MRS. MCMAIN BE PLACED ON ANNUAL LEAVE FOR THE PERIOD?

MRS. MCMAIN IS CLAIMING REIMBURSEMENT OF THE FOLLOWING EXPENSES:

UNBLOCK AND REBLOCK TRAILER $ 75.00

TOW BAR FOR CAR 50.00

REMOVE AND REINSTALL BOTTLE GAS OUTSIDE SYSTEM 30.00

REMOVE AND REINSTALL TELEPHONE 15.00

TELEPHONE CALLS MADE DUE TO DELAY IN AND CANCEL OF TRANSFER 25.00

SECURING AND THEN REPLACING FURNITURE, ETC., INSIDE TRAILER 40.00

LOSS OF MONEY DUE TO SPOUSE CLOSING GARAGE FOR MOVE 200.00

SERVICE CHARGE ON ELECTRICITY 10.00

FOOD REMOVED AND LOST DUE TO FREEZER BEING EMPTIED 50.00

PARTIAL LOSS OF GARDEN DUE TO NONCARE AND NONPLANTING 100.00

EXTRA TRIPS TO CENTER FOR CONSULTATION, ETC. 20.00

$615.00

IT HAS BEEN HELD THAT WHEN THE TRANSFER OF AN EMPLOYEE HAS BEEN CANCELED, THE EXPENSES INCURRED BY HIM MAY BE ALLOWED TO THE EXTENT THAT THEY WOULD HAVE BEEN ALLOWABLE HAD THE TRANSFER BEEN CONSUMMATED. SINCE THE PREPARATION FOR THE MOVE OF THE HOUSE TRAILER WAS MADE AS A RESULT OF MRS. MCMAIN'S COMPLIANCE WITH THE PROPOSED TRANSFER, SHE IS ENTITLED TO REIMBURSEMENT UNDER THE PROVISIONS OF FEDERAL PROPERTY MANAGEMENT REGULATIONS (FPMR) 101-7, EFFECTIVE MAY 1, 1973.

PARAGRAPH 2-7.3A(3) OF FPMR 101-7 PROVIDES, IN EFFECT, THAT WHEN A MOBILE HOME IS TRANSPORTED BY A COMMERCIAL CARRIER THE TRANSPORTATION ALLOWANCE WILL BE LIMITED TO CHARGES DIRECTLY RELATED TO TRANSPORTATION AND WILL NOT INCLUDE THE COSTS OF PREPARING THE MOBILE HOME FOR MOVEMENT, MAINTENANCE, REPAIRS, STORAGE, INSURANCE FOR A VALUATION ABOVE THE CARRIER'S MAXIMUM RESPONSIBILITY, NOR CHARGES DESIGNATED IN THE TARIFFS AS "SPECIAL SERVICE." HOWEVER, NECESSARY CHARGES INCIDENT TO THE RELOCATION OF THE MOBILE HOME MAY BE CONSIDERED IN DETERMINING THE EMPLOYEE'S MISCELLANEOUS EXPENSES ALLOWANCE. B-175285, APRIL 20, 1972. PARAGRAPH 2-3.1 OF FPMR 101-7 STATES, IN PERTINENT PART, THE FOLLOWING CONCERNING THE MISCELLANEOUS EXPENSES ALLOWANCE:

"B. TYPES OF COSTS COVERED. THE ALLOWANCE IS RELATED TO EXPENSES THAT ARE COMMON TO LIVING QUARTERS, FURNISHINGS, HOUSEHOLD APPLIANCES, AND TO OTHER GENERAL TYPES OF COSTS INHERENT IN RELOCATION OF A PLACE OF RESIDENCE. THE TYPES OF COSTS INTENDED TO BE REIMBURSED UNDER THE ALLOWANCE INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING:

"(1) FEES FOR DISCONNECTING AND CONNECTING APPLIANCES, EQUIPMENT, AND UTILITIES INVOLVED IN RELOCATION AND COSTS OF CONVERTING APPLIANCES FOR OPERATION ON AVAILABLE UTILITIES;

"(2) FEES FOR UNBLOCKING AND BLOCKING AND RELATED EXPENSES IN CONNECTION WITH RELOCATING A MOBILE HOME, BUT NOT THE TRANSPORTATION EXPENSES ALLOWED UNDER 2-7.3;

"(4) UTILITY FEES OR DEPOSITS THAT ARE NOT OFFSET BY EVENTUAL REFUNDS;

"C. TYPES OF COSTS NOT COVERED. THIS ALLOWANCE SHALL NOT BE USED TO REIMBURSE THE EMPLOYEE FOR COSTS OR EXPENSES INCURRED WHICH EXCEED MAXIMUMS PROVIDED BY STATUTE OR IN THESE REGULATIONS; COSTS OR EXPENSES THAT HE INCURRED BUT WHICH ARE DISALLOWED ELSEWHERE IN THESE REGULATIONS; COSTS REIMBURSED UNDER OTHER PROVISIONS OF LAW OR REGULATIONS; COSTS OR EXPENSES INCURRED FOR REASONS OF PERSONAL TASTE OR PREFERENCE AND NOT REQUIRED BECAUSE OF THE MOVE; LOSSES COVERED BY INSURANCE; FINES OR OTHER PENALTIES IMPOSED UPON THE EMPLOYEE OR MEMBERS OF HIS IMMEDIATE FAMILY; JUDGMENTS, COURT COSTS, AND SIMILAR EXPENSES GROWING OUT OF CIVIL ACTIONS; OR ANY OTHER EXPENSES BROUGHT ABOUT BY CIRCUMSTANCES, FACTORS, OR ACTIONS IN WHICH THE MOVE TO A NEW DUTY STATION WAS NOT THE PROXIMATE CAUSE. EXAMPLES OF THESE TYPES OF COSTS WHICH ARE NOT REIMBURSABLE FROM THIS ALLOWANCE ARE AS FOLLOWS:

"(5) COSTS OF NEWLY ACQUIRED ITEMS, SUCH AS THE PURCHASE OR INSTALLATION COST OF NEW RUGS OR DRAPERIES;

"(9) LOSSES AS THE RESULT OF THE SALE OR DISPOSAL OF ITEMS OF PERSONAL PROPERTY NOT CONSIDERED CONVENIENT OR PRACTICABLE TO MOVE***"

THE ITEM OF A TOW BAR FOR THE CAR ($50) REPRESENTS THE COST OF A NEWLY ACQUIRED ITEM AND IS FOR EXCLUSION UNDER THE PROVISIONS OF SUBPARAGRAPH 2- 3.1C(5). SEE B-176476, AUGUST 21, 1972. SINCE THE EXPENSES OF RELOCATING A MOBILE HOME ARE LIMITED TO THE TRANSPORTATION EXPENSES PROVIDED FOR IN CHAPTER 2, PART 7 OF FPMR 101-7, AND CERTAIN MISCELLANEOUS EXPENSES PROVIDED FOR IN SUBPARAGRAPH 2-3.1B OF FPMR 101 7, THE FOLLOWING ITEMS WHICH ARE NOT LISTED THEREIN MAY NOT BE CONSIDERED IN DETERMINING THE EMPLOYEE'S MISCELLANEOUS EXPENSES ALLOWANCE:

TELEPHONE CALLS $ 25.00

LOSS OF MONEY DUE TO SPOUSE CLOSING GARAGE FOR MOVE 200.00

FOOD REMOVED AND LOST DUE TO FREEZER BEING EMPTIED 50.00

PARTIAL LOSS OF GARDEN DUE TO NONCARE AND NONPLANTING 100.00

EXTRA TRIPS TO CENTER FOR CONSULTATION 20.00

THE FOLLOWING ITEMS TOTALING $170 ARE ALLOWABLE UNDER THE PROVISIONS OF SUBPARAGRAPH 2-3.1B OF FPMR 101-7:

UNBLOCKING AND BLOCKING TRAILER $75.00

REMOVE AND REINSTALL BOTTLE GAS OUTSIDE SYSTEM 30.00

REMOVE AND REINSTALL TELEPHONE 15.00

SECURING AND THEN REPLACING FURNITURE INSIDE TRAILER 40.00

SERVICE CHARGE ON ELECTRICITY 10.00

SINCE MRS. MCMAIN HAS INCURRED REIMBURSABLE MISCELLANEOUS EXPENSES IN THE AMOUNT OF $170 AND SUBPARAGRAPH 2-3.3A(2) OF FPMR 101-7 SPECIFIES A MINIMUM MISCELLANEOUS EXPENSE ALLOWANCE FOR AN EMPLOYEE WITH IMMEDIATE FAMILY MRS. MCMAIN IS ENTITLED TO REIMBURSEMENT OF $200.

QUESTION NUMBER 1 IS ANSWERED ACCORDINGLY.

THE MATTER OF GRANTING ADMINISTRATIVE LEAVE IS PRIMARILY FOR DETERMINATION OF THE AGENCY INVOLVED AND WE ARE NOT AWARE OF ANY INSTANCES IN WHICH EMPLOYEES HAVE BEEN GRANTED ADMINISTRATIVE LEAVE AFTER TRANSFER OF STATION ORDERS HAVE BEEN CANCELED. IN THIS CONNECTION SEE THE STANDARDS IN THE FEDERAL PERSONNEL MANUAL, CHAPTER 630, SUBCHAPTER 11, WHICH SETS FORTH CERTAIN CIRCUMSTANCES UNDER WHICH EMPLOYEES MAY BE ABSENT FROM DUTY ADMINISTRATIVELY AUTHORIZED WITHOUT LOSS OF PAY AND WITHOUT CHARGE TO LEAVE. ALSO, SEE 44 COMP. GEN. 333 (1964) IN WHICH WE STATED THAT OVER THE YEARS IT HAS BEEN RECOGNIZED BY OUR OFFICE THAT IN THE ABSENCE OF A STATUTE CONTROLLING THE MATTER, THE HEAD OF AN AGENCY MAY IN CERTAIN SITUATIONS EXCUSE AN EMPLOYEE FOR BRIEF PERIODS OF TIME WITHOUT CHARGE TO LEAVE OR LOSS OF PAY. IN THE INSTANT CASE MRS. MCMAIN WAS ADVISED ON THE SATURDAY BEFORE THE DATE SET FOR HER TRAVEL THAT HER TRANSFER WOULD BE DELAYED AND IT WAS CANCELED IN THE NEXT WEEK. SHE HAD COMPLETED ARRANGEMENTS TO MOVE AND THE ADMINISTRATIVE LEAVE HAD APPARENTLY BEEN GRANTED FOR THE PURPOSE OF RELOCATING HER RESIDENCE IN CONNECTION WITH HER TRANSFER. IT APPEARS THAT THERE WAS A PERIOD OF UNCERTAINTY ON THE PART OF THE AGENCY AS TO WHETHER THE TRANSFER SHOULD BE COMPLETED OR CANCELED. ALSO, MRS. MCMAIN WAS REQUIRED TO MAKE ARRANGEMENTS FOR THE RELOCATION OF HER RESIDENCE AS A RESULT OF THE TRANSFER CANCELLATION. SHOULD THE AGENCY DETERMINE THAT THE ADMINISTRATIVE LEAVE WAS NECESSARY TO COMPLY WITH THE TRANSFER ORDER AND ITS CANCELLATION, WE WILL NOT OBJECT TO THE GRANT OF SUCH LEAVE.

QUESTION NUMBER 2 IS ANSWERED ACCORDINGLY.

ACTION ON THE VOUCHER IS TO BE TAKEN IN ACCORDANCE WITH THE FOREGOING.