A-13963, MAY 27, 1926, 5 COMP. GEN. 941

A-13963, MAY 27, 1926, 5 COMP. GEN. 941

TRAVELING EXPENSES - EMPLOYEE OF INDIAN SERVICE GOING TO A NEW POSITION WHERE THE POSITION OF A TEACHER IN THE INDIAN SERVICE WAS ABOLISHED AND SHE WAS OFFERED A DIFFERENT POSITION AT ANOTHER PLACE, THE TRAVELING EXPENSES INCURRED BY HER IN GOING TO THE OTHER SCHOOL WHERE THE NEW POSITION WAS AVAILABLE ARE NOT PAYABLE FROM PUBLIC FUNDS.

DECISION BY COMPTROLLER GENERAL MCCARL, MAY 27, 1926:

J. W. BALMER, SUPERINTENDENT OF THE PIPESTONE INDIAN SCHOOL, HAS REQUESTED REVIEW OF THE DISALLOWANCE IN HIS ACCOUNTS FOR THE PERIOD FROM JULY 1 TO SEPTEMBER 30, 1925, OF CREDIT FOR A PAYMENT OF $22.24 MADE TO ANNIE CHATHAM, A TEACHER IN THE INDIAN SCHOOLS, AS REIMBURSEMENT OF TRANSPORTATION AND SUBSISTENCE EXPENSES INCURRED IN GOING FROM LAWRENCE, KANS., TO PIPESTONE, MINN.

IT APPEARS THAT MISS CHATHAM WAS A TEACHER AT HASKELL INSTITUTE, AN INDIAN SCHOOL LOCATED AT LAWRENCE, KANS. IT IS NOT SPECIFICALLY STATED IN THE PAPERS, BUT IT WOULD APPEAR THAT MISS CHATHAM WAS A GIRLS' ATHLETIC DIRECTOR. EFFECTIVE JUNE 30, 1925, HER POSITION AT HASKELL INSTITUTE WAS ABOLISHED. ON JUNE 29, 1925, THE COMMISSIONER OF INDIAN AFFAIRS WROTE TO HER OFFERING, IF SHE WAS WILLING TO ACCEPT, TO TRANSFER HER TO THE POSITION OF CLASSROOM TEACHER AT THE PIPESTONE INDIAN SCHOOL. CONNECTION WITH HER CLASSROOM WORK SHE WAS TO ACT AS PHYSICAL DIRECTOR DURING SUCH HOURS AS SHE MIGHT BE SPARED FOR THAT WORK. THE POSITION TO WHICH THE TEACHER WAS TRANSFERRED WAS A CLASSROOM-TEACHER POSITION AND THE WORK AS PHYSICAL INSTRUCTOR WAS MERELY INCIDENTAL, THAT IS TO SAY, THE POSITION TO WHICH TRANSFERRED WAS A NEW POSITION DIFFERENT FROM THE ONE WHICH WAS ABOLISHED AND AT A SCHOOL LOCATED IN A DIFFERENT STATE. THE CONCLUSION JUST STATED AS TO THE POSITIONS BEING DIFFERENT IS FURTHER CONFIRMED BY THE FACT THAT THE COMMISSIONER'S LETTER INSTRUCTED HER TO NOTIFY THE INDIAN OFFICE AFTER SHE HAD ENTERED ON DUTY IN ORDER THAT ARRANGEMENTS MIGHT BE MADE WITH THE CIVIL SERVICE COMMISSION TO GIVE HER A NONCOMPETITIVE EXAMINATION IN ORDER THAT HER APPOINTMENT MIGHT BE MADE PERMANENT.

THE COMMISSIONER'S LETTER ALSO PURPORTED TO ALLOW THE TEACHER ACTUAL NECESSARY TRAVELING EXPENSES, INCLUDING SLEEPING-CAR FARE AND INCIDENTALS, AND ACTUAL EXPENSES OF SUBSISTENCE NOT EXCEEDING $3.50 A DAY WHILE EN ROUTE FROM HASKELL INSTITUTE TO THE PIPESTONE SCHOOL.

THE TRANSFER WAS ON ACCOUNT OF THE ABOLISHMENT OF THE POSITION AT HASKELL INSTITUTE. THE ACTS AUTHORIZING PAYMENT OF TRAVELING AND SUBSISTENCE EXPENSES HAVE REFERENCE ONLY TO OFFICERS AND EMPLOYEES WHO ARE IN A TRAVEL STATUS; THAT IS, AWAY FROM THEIR OFFICIAL STATIONS ON OFFICIAL BUSINESS. SEE 5 COMP. GEN. 468. IT DOES NOT APPEAR THAT THE TRAVEL FROM LAWRENCE, KANS., TO PIPESTONE, MINN., WAS ON OFFICIAL BUSINESS. THE EMPLOYEE'S POSITION AT LAWRENCE HAD BEEN ABOLISHED AND IN ORDER TO REMAIN IN GOVERNMENT SERVICE IT WAS NECESSARY FOR HER TO GO WHERE THERE WAS A POSITION AVAILABLE. SEE DECISION OF APRIL 3, 1926, A-13568.

THE POSITION AT PIPESTONE WAS A DIFFERENT POSITION, THE COMPENSATION OF WHICH WAS PAID FROM A DIFFERENT SUBAPPROPRIATION.

THIS CASE IS TO BE DISTINGUISHED FROM THE CASE DECIDED JANUARY 23, 1925, 4 COMP. GEN. 627. IN THAT CASE THERE WAS INVOLVED ONLY A CHANGE IN THE DESIGNATED PLACE OF DUTY WITHIN THE SAME DISTRICT OF A DEPUTY CLERK OF A UNITED STATES DISTRICT COURT, RATHER THAN A TRANSFER FROM A POSITION WHICH HAD BEEN ABOLISHED TO AN ENTIRELY DIFFERENT POSITION.

A FURTHER OBJECTION TO THE PAYMENT HEREIN CONSIDERED IS THAT THE APPROPRIATION SOUGHT TO BE CHARGED, NAMELY,"INDIAN BOARDING SCHOOLS, PIPESTONE, MINNESOTA, 1925," IS NOT AVAILABLE FOR THE PAYMENT OF TRAVELING EXPENSES.