B-7354, DECEMBER 26, 1939, 19 COMP. GEN. 602

B-7354, DECEMBER 26, 1939, 19 COMP. GEN. 602

TRAVELING EXPENSES - HEADQUARTERS - "CITY OF HONOLULU" POST OF DUTY OR OFFICIAL STATION AS APPLIED TO HONOLULU, HAWAII, FOR TRAVEL EXPENSE REIMBURSEMENT PURPOSES, WILL BE CONSIDERED AS THE BOUNDARY OF THE " CITY OF HONOLULU" INSTEAD OF THE " CITY AND COUNTY OF HONOLULU.'

ACTING COMPTROLLER GENERAL ELLIOTT TO THE CHAIRMAN, FEDERAL COMMUNICATIONS COMMISSION, DECEMBER 26, 1939:

I HAVE YOUR LETTER OF NOVEMBER 22, 1939, AS FOLLOWS:

REFERRING TO PREAUDIT DIFFERENCE STATEMENTS DATED OCTOBER 28 (24), 1939, AND NOVEMBER 6, 1939, SCHEDULES NOS. 140 AND 163, BUREAU VOUCHER NO. 1143, LEE R. DAWSON, PAYEE, REGARDING MILEAGE AT HEADQUARTERS IN HONOLULU, COPIES OF WHICH ARE ATTACHED HERETO, THE COMMISSION DESIRES TO BRING THIS MATTER TO YOUR ATTENTION MORE FORMALLY.

THE COMMISSION'S INSPECTOR IN HONOLULU IS REQUIRED TO INSPECT RADIO STATIONS, CONDUCT INVESTIGATIONS, AND OTHER DUTIES AT SEVERAL POINTS ON THE ISLAND OF OAHU IN THE ENFORCEMENT OF CERTAIN PROVISIONS OF THE ACT CREATING THE COMMISSION. THE INSPECTOR HAS INFORMED THE COMMISSION THAT PUBLIC TRANSPORTATION FACILITIES ON THE ISLAND ARE NOT AVAILABLE TO ALL POINTS, ESPECIALLY WHERE RADIO STATIONS ARE LOCATED AND WHERE THERE IS BUS SERVICE, IT IS VERY INFREQUENT. FOR EXAMPLE, A STATION ATKAHUKU, ISLAND OF OAHU, IS LOCATED FORTY-TWO MILES FROM HONOLULU PROPER; IF PERSONALLY OWNED AUTOMOBILE IS USED THE TRIP CAN BE MADE IN ONE WORKING DAY WHEREAS IF BUS IS USED IT IS NECESSARY FOR THE INSPECTOR TO REMAIN OVERNIGHT IN KAHUKU AT ADDITIONAL EXPENSE. FURTHERMORE, APPARENTLY UNDER THE TRAVEL REGULATIONS THE TRAVELER CANNOT BE REIMBURSED FOR SUBSISTENCE EXPENSE.

IN VIEW OF THE PECULIAR CIRCUMSTANCES YOUR FURTHER OPINION IS REQUESTED AS TO WHETHER MILEAGE AND/OR SUBSISTENCE CAN BE ALLOWED UNDER THE ACT OF FEBRUARY 14, 1931, 46 STAT. 1103; THE REVISED LAWS OF HAWAII, 1935, CHAPTER 88, SECTIONS 3000-3001, WHEN CONSIDERED IN THE LIGHT OF PARAGRAPHS 3 AND 46 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, RELATING TO POST OF DUTY AND SUBSISTENCE, RESPECTIVELY.

UNDER THE BELIEF THAT THE HIRE OF PRIVATE CONVEYANCE ALSO MAY BE NOT ALLOWABLE UNDER PARAGRAPH 11 OF THE ABOVE-NAMED REGULATIONS, YOUR OPINION IN RESPECT TO THIS IS REQUESTED.

THE COPIES OF THE PREAUDIT DIFFERENCE STATEMENTS REFERRED TO IN THE FIRST PARAGRAPH OF THE LETTER, SUPRA, ARE RESPECTIVELY, AS FOLLOWS:

LEE R. DAWSON (NAME OF PAYEE):

1143 ( BUREAU

VOUCHER NO.)

AMOUNT CLAIMED ------------------------------------ $3.87

AMOUNT CERTIFIED ---------------------------------- 2.87

DIFFERENCE ---------------------------------------- $1.00

SEPT. 28, 1939, HONOLULU-PEARL CITY, AND

RETURN, 25 MILES AT $0.04 ------------------------ $1.00

INFORMATION IS REQUESTED AS TO THE AUTHORITY TO PAY MILEAGE UNDER THE ACT OF FEBRUARY 14, 1931, 46 STAT. 1103, AS AMENDED, WHEN IT APPEARS THAT IN THE LIGHT OF SECTIONS 3000 TO 3002, CHAPTER 88 OF THE REVISED LAWS OF HAWAII, 1935, THE TRAVEL PERFORMED WAS NOT AWAY FROM HIS "DESIGNATED POST OF DUTY" AS THESE WORDS ARE DEFINED IN PARAGRAPH 3 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

LEE R. DAWSON (NAME OF PAYEE):

1143 ( BUREAU

VOUCHER NO.)

AMOUNT CLAIMED ------------------------------------ $3.87

AMOUNT CERTIFIED ---------------------------------- 2.87

DIFFERENCE ---------------------------------------- $1.00

VOUCHER RETURNED AS ORIGINALLY CERTIFIED.

STATEMENT IN SUPPORT OF RECLAIM NOTED, HOWEVER, SINCE THE MILEAGE ACT AUTHORIZES MILEAGE ONLY OUTSIDE THE CORPORATE LIMITS OF OFFICIAL STATION, THE CLAIM IS NOT ALLOWABLE IN THE ABSENCE OF INFORMATION AS REQUESTED ON PREAUDIT DIFFERENCE STATEMENT DATED OCTOBER 24, 1939.

THE PRIMARY QUESTION FOR CONSIDERATION HERE, THEREFORE, IS WHETHER THE INVOLVED TRAVEL WAS PERFORMED AWAY FROM THE EMPLOYEE'S "DESIGNATED POST OF DUTY" OR "OFFICIAL STATION" AS THOSE WORDS ARE DEFINED IN PARAGRAPH 3 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS--- SAID PARAGRAPH READING AS FOLLOWS:

OFFICIAL STATION--- POST OF DUTY.--- DESIGNATED POST OF DUTY AND OFFICIAL STATION MEAN ONE AND THE SAME, THE LIMITS OF WHICH WILL BE THE CORPORATE LIMITS OF THE CITY OR TOWN IN WHICH THE OFFICER OR EMPLOYEE IS STATIONED, BUT IF NOT STATIONED IN AN INCORPORATED CITY OR TOWN, THE OFFICIAL STATION IS THE RESERVATION, STATION, OR ESTABLISHED AREA, OR, IN THE CASE OF LARGE RESERVATIONS, THE ESTABLISHED SUBDIVISION THEREOF HAVING DEFINITE BOUNDARIES WITHIN WHICH THE DESIGNATED POST OF DUTY IS LOCATED, BUT IN NO CASE SHALL A PLACE WITHIN 2 MILES OF A TRAVELER'S OFFICE OR LIVING QUARTERS BE CONSIDERED AS AWAY FROM HIS POST OF DUTY. ( ITALICS SUPPLIED.)

THE REVISED LAWS OF HAWAII, CHAPTER 88, SECTIONS 3000 TO 3002, PROVIDE AS FOLLOWS:

SEC. 3000. DESCRIPTION. ALL THAT PORTION OF THE TERRITORY, COMMONLY KNOWN AS THE ISLAND OF OAHU AND ALL OTHER ISLANDS IN THE TERRITORY NOT INCLUDED IN ANY COUNTY AND THE WATERS ADJACENT THERETO, SHALL BE AND IS CONSTITUTED A CITY AND COUNTY BY THE NAME OF "1THE CITY AND COUNTY OF HONOLULU," WITH ITS SEAT AT HONOLULU; AND THE WORDS "CITY AND COUNTY" SHALL MEAN "THE CITY AND COUNTY OF HONOLULU.' (L. 1907, C. 118, S. 1; R.L. 1925, S. 1717.)

SEC. 3001. CITY OF HONOLULU; GEOGRAPHICAL LIMITS. FOR STATISTICAL AND SIMILAR PURPOSES TO DISTINGUISH URBAN AND RURAL COMMUNITIES, THE EXPRESSION " CITY OF HONOLULU" SHALL MEAN THE SAME TERRITORY AS IS KNOWN AS " HONOLULU DISTRICT," THAT IS TO SAY, IN THE ISLAND OF OAHU FROM MAUNALUA TO MOANALUA, INCLUSIVE, AND THE ISLANDS NOT INCLUDED IN ANY OTHER DISTRICT OF THE ISLAND OF OAHU. (L. 1923, C. 138, S. 1; R.L. 1925, S. 1718.)

SEC. 3002. GENERAL POWERS. THE CITY AND COUNTY IS CREATED A MUNICIPAL CORPORATION UNDER THE NAME OF " THE CITY AND COUNTY OF HONOLULU," AND BY THAT NAME SHALL HAVE PERPETUAL SUCCESSION. (L. 1907, C. 118, S. 3; R.L. 1925, S. 1719.)

RECENTLY, THIS OFFICE HAD OCCASION TO CONSIDER IN ANOTHER CASE A QUESTION SIMILAR TO THE ONE HERE PRESENTED AND IN THAT CASE WERE LETTERS CONTAINING INFORMATION HAVING AN IMPORTANT BEARING UPON THE MATTER HERE. AMONG THOSE LETTERS WAS ONE DATED OCTOBER 21, 1939, FROM THE CITY AND COUNTY ATTORNEY OF HONOLULU TO THE TERRITORIAL DIRECTOR, FEDERAL HOUSING ADMINISTRATION, HONOLULU, AS FOLLOWS:

YOUR LETTER OF THE 20TH INSTANT CONTAINS THE FOLLOWING INQUIRIES:

1. "WHAT ARE THE CITY LIMITS OF HONOLULU, AND IN WHAT STATUTE OR ORDINANCE ARE THOSE LIMITS PRESCRIBED?

2. "IS THE CITY OF HONOLULU OR THE CITY AND COUNTY OF HONOLULU INCORPORATED?

IN ANSWER TO YOUR FIRST QUESTION, I BEG TO ADVISE YOU THAT THE CITY OF HONOLULU COMPRISES THAT PORTION OF THE ISLAND OF OAHU RUNNING FROM MAUNALUA TO MOANALUA AND FROM THE CREST OF THE KOOLAU RANGE TO THE SEA, BEING APPROXIMATELY FIFTEEN MILES LONG AND THREE MILES WIDE.

THE FOREGOING GEOGRAPHICAL LIMITS ARE DEFINED IN SECTION 3001 OF THE REVISED LAWS OF HAWAII, 1935 (ORIGINALLY ACT 118 OF THE SESSION LAWS OF HAWAII 1907) AS FOLLOWS:

"FOR STATISTICAL AND SIMILAR PURPOSES, TO DISTINGUISH URBAN AND RURAL COMMUNITIES, THE EXPRESSION " CITY OF HONOLULU" SHALL MEAN THE SAME TERRITORY AS IS KNOWN AS " HONOLULU DISTRICT" THAT IS TO SAY, IN THE ISLAND OF OAHU FROM MAUNALUA TO MOANALUA, INCLUSIVE, AND THE ISLANDS NOT INCLUDED IN ANY OTHER DISTRICT OF THE ISLAND OF OAHU.'

THE CITY AND COUNTY GOVERNMENT, TOO, HAS ADOPTED THE STATUTORY BOUNDARIES BY DEFINING THE CITY AND COUNTY IN THE BUILDING CODE ( ORDNANCE NO. 490) AS FOLLOWS:

"THE CITY OF HONOLULU AS USED IN THIS CODE SHALL BE THE POLITICAL DISTRICT OF HONOLULU, WHICH EXTENDS FROM MAUNALUA TO MOANALUA, AND FROM THE CREST OF KOOLAU RANGE TO THE SEA.'

APROPOS OF YOUR SECOND QUESTION, I DESIRE TO STATE THAT THE CITY OF HONOLULU ITSELF IS NOT INCORPORATED AND THAT THE CITY AND COUNTY OF HONOLULU IS REFERRED TO BY STATUTE AS A "MUNICIPAL CORPORATION.' SECTION 3002, REVISED LAWS OF HAWAII, 1935).

IN THIS CONNECTION YOU WILL NOTE THAT THE CITY AND COUNTY OF HONOLULU AS A MUNICIPAL CORPORATION, IS A CREATURE OF THE LEGISLATURE ( CHAPTER 88, REVISED LAWS OF HAWAII, 1935). IN THIS RESPECT OUR MUNICIPAL CORPORATION DIFFERS FROM CORPORATIONS ON THE MAINLAND WHICH ARE ESTABLISHED BY PETITION OR PLEBISCITE. ANOTHER WAS DATED OCTOBER 25, 1939, FROM THE UNITED STATES ATTORNEY, HONOLULU, TO THE FEDERAL WORKS AGENCY, PUBLIC WORKS ADMINISTRATION, HONOLULU, AS FOLLOWS:

IN REPLY TO YOUR LETTER OF OCTOBER 20, 1939, SECTION 3000 OF THE REVISED LAWS OF 1935 DEFINES THE CITY AND COUNTY OF HONOLULU AS "THE ISLAND OF OAHU AND ALL OTHER ISLANDS IN THE TERRITORY NOT INCLUDED IN ANY COUNTY AND THE WATERS ADJACENT THERETO.'

SECTION 3001 ENTITLED " CITY OF HONOLULU: GEOGRAPHICAL LIMITS" STATES:

"FOR STATISTICAL AND SIMILAR PURPOSES, TO DISTINGUISH URBAN AND RURAL COMMUNITIES, THE EXPRESSION " CITY OF HONOLULU" SHALL MEAN THE SAME TERRITORY AS IS KNOWN AS " HONOLULU DISTRICT" THAT IS TO SAY, IN THE ISLAND OF OAHU FROM MAUNALUA TO MOANALUA INCLUSIVE * * *.'

FROM THE STANDPOINT OF THE GOVERNING AUTHORITIES, THE CITY AND COUNTY OF HONOLULU IS ONE; THAT IS, THE MAYOR AND THE BOARD OF SUPERVISORS HAVE JURISDICTION THROUGHOUT THE ISLAND OF OAHU AND THE OTHER ISLANDS INCLUDED WITHIN THE CITY AND COUNTY, BUT FOR ALL URBAN PURPOSES THE DISTRICT OF HONOLULU IS USUALLY REGARDED AS THE CITY OF HONOLULU. FOR INSTANCE: HOUSES ARE COMPELLED TO BE NUMBERED IN THE DISTRICT OF HONOLULU; THE BOARD OF WATER SUPPLY SUPPLIES THE DISTRICT OF HONOLULU. IN THIS CONNECTION, SECTION 3260 SAYS:

" " HONOLULU" OR " DISTRICT OF HONOLULU" SHALL MEAN ALL OF THAT PORTION OF THE ISLAND OF OAHU INCLUDED IN THE JUDICIAL, EDUCATIONAL, AND TAXATION DISTRICT DEFINED BY LAW AS THE " DISTRICT OF HONOLULU" OR " HONOLULU DISTRICT.'"

THERE ARE SEVERAL TOWNS WITHIN THE CITY AND COUNTY OF HONOLULU; THOUGH NOT INCORPORATED, SUCH TOWNS HAVE SEPARATE POST OFFICES, SEPARATE WATER SYSTEMS, ETC., AND FOR ALL PRACTICAL PURPOSES SAVE AND EXCEPT THE GOVERNMENT ARE DISTINCT AND SEPARATE FROM THE CITY OF HONOLULU.

IT WOULD SEEM TO ME THAT IT WOULD BE REASONABLE TO CONSIDER THE DISTRICT OF HONOLULU AS THE CITY PROPER IN APPLYING THE WORDING OF THE GOVERNMENT TRAVEL REGULATIONS. THIS DISTRICT IS COVERED BY A STREET CAR AND BUS SYSTEM, PAVED STREETS, AND THE OTHER CONVENIENCES OF TRAVEL IN A CITY WHILE TRAVEL IN THE RURAL DISTRICTS IS NECESSARILY BY AUTOMOBILE OR, IN A FEW INSTANCES, BY TRAIN.

IT HAS COME TO THE ATTENTION OF THIS OFFICE THAT THE HONOLULU BUILDING CODE (SEC. 2117) DEFINES THE BOUNDARY OF THE CITY OF HONOLULU THE SAME AS THAT DEFINED IN SECTION 3001, SUPRA; AND THAT THE ESTABLISHED LOCAL PRACTICE, AS WELL AS THAT OF THE FEDERAL AGENCIES THERE LOCATED, IS, FOR PURPOSES OF PER DIEM AND MILEAGE ALLOWANCES, TO CONSIDER THE " CITY OF HONOLULU" AS SEPARATE AND APART FROM THE " CITY AND COUNTY OF HONOLULU," AS THOSE TERMS ARE DEFINED IN THE PROVISIONS OF THE STATUTES ABOVE QUOTED. IN VIEW OF THE INFORMATION CONTAINED IN THE TWO LETTERS LAST ABOVE QUOTED AND OF THE OTHER MATTERS CALLED TO ATTENTION IN RESPECT OF THE LOCAL PRACTICES, AND, ALSO, SINCE THE CITY OF HONOLULU IS NOT AN "INCORPORATED CITY OR TOWN," THE BOUNDARY OF THE " CITY OF HONOLULU" AS DISTINGUISHED FROM THE " CITY AND COUNTY OF HONOLULU" WILL, FOR THE PURPOSES OF AUDIT ACTION AND THE SETTLEMENT OF CLAIMS BY THIS OFFICE IN COMPUTING TRAVELING EXPENSES AND MILEAGE, BE REGARDED AS THE "ESTABLISHED AREA" CONSTITUTING THE EMPLOYEE'S POST OF DUTY OR OFFICIAL STATION WITHIN THE MEANING OF PARAGRAPH 3 OF THE TRAVEL REGULATIONS. ACCORDINGLY, FURTHER CONSIDERATION IN ACCORDANCE WITH THE FOREGOING WILL BE GIVEN THE VOUCHERS IN QUESTION IF AND WHEN RESUBMITTED TO THIS OFFICE.