B-180469 L/M, FEB 28, 1974
Highlights
NATIONAL HEADQUARTERS: ENCLOSED ARE COPIES OF CORRESPONDENCE PERTAINING TO A CLAIM BY MR. THE PLACE WHERE HEARINGS WERE HELD DURING 1971. CAFFERTY WAS RESTORED TO HIS FORMER GRADE RETROACTIVELY AS A RESULT OF HIS APPEAL. THE SECTION OF THE AGENCY FISCAL AND PROCUREMENT MANUAL CITED STATES IN PART: "TRAVEL AT GOVERNMENT EXPENSE SHALL NOT BE AUTHORIZED UNLESS IT IS ESSENTIAL TO THE CONDUCT OF SELECTIVE SERVICE AFFAIRS.". AN APPEAL TO THE CIVIL SERVICE COMMISSION OF AN ADVERSE AGENCY ACTION IS CLEARLY A MATTER IMBUED WITH THE GOVERNMENT'S INTEREST. IN THE INSTANT CASE THE HEARING WAS HELD A SUBSTANTIAL DISTANCE AWAY FROM THE EMPLOYEE'S POST OF DUTY (SOME 250 MILES). THIS FACT COUPLED WITH THE LOW SALARY OF THE EMPLOYEE (HE WAS DEMOTED TO GRADE GS-3) WOULD PLACE AN UNREASONABLE BURDEN ON HIM UNLESS THE EXPENSE OF THE TRAVEL INVOLVED IS BORNE BY THE AGENCY.
B-180469 L/M, FEB 28, 1974
PRECIS-UNAVAILABLE
MR. BYRON V. PEPITONE, DIRECTOR, SELECTIVE SERVICE SYSTEM, NATIONAL HEADQUARTERS:
ENCLOSED ARE COPIES OF CORRESPONDENCE PERTAINING TO A CLAIM BY MR. LESLIE L. CAFFERTY, AN EMPLOYEE OF THE SELECTIVE SERVICE SYSTEM, IOWA STATE HEADQUARTERS. MR. CAFFERTY CLAIMS TRAVEL EXPENSES INCURRED BY HIM IN EFFECTING HIS APPEAL OF AN AGENCY DEMOTION IN GRADE DUE TO REDUCTION-IN- FORCE ACTION.
IT APPEARS THAT IN CONNECTION WITH THE CIVIL SERVICE COMMISSION HEARINGS HELD INCIDENT TO MR. CAFFERTY'S APPEAL OF THE DEMOTION ACTION HE MADE TWO ROUND TRIPS FROM DES MOINES, IOWA, HIS OFFICIAL STATION TO MINNEAPOLIS, MINNESOTA, THE PLACE WHERE HEARINGS WERE HELD DURING 1971. THE CORRESPONDENCE INDICATES MR. CAFFERTY WAS RESTORED TO HIS FORMER GRADE RETROACTIVELY AS A RESULT OF HIS APPEAL. HE CLAIMS MILEAGE AT 11 CENTS A MILE FOR THE TWO ROUND TRIPS TO MINNEAPOLIS PLUS 4 DAYS PER DIEM AT $12 A DAY.
WE NOTE IN THE CORRESPONDENCE A LETTER OF AUGUST 16, 1971, FROM COLONEL H. J. FLEISCHACKER, STATE DIRECTOR, IOWA HEADQUARTERS, SELECTIVE SERVICE SYSTEM, TO MR. CAFFERTY TO THE EFFECT THAT AGENCY ADMINISTRATIVE REGULATIONS DO NOT AUTHORIZE PAYMENT OF TRAVEL EXPENSES IN CONNECTION WITH HIS APPEAL. THE SECTION OF THE AGENCY FISCAL AND PROCUREMENT MANUAL CITED STATES IN PART:
"TRAVEL AT GOVERNMENT EXPENSE SHALL NOT BE
AUTHORIZED UNLESS IT IS ESSENTIAL TO THE
CONDUCT OF SELECTIVE SERVICE AFFAIRS."
AN APPEAL TO THE CIVIL SERVICE COMMISSION OF AN ADVERSE AGENCY ACTION IS CLEARLY A MATTER IMBUED WITH THE GOVERNMENT'S INTEREST. IN THE INSTANT CASE THE HEARING WAS HELD A SUBSTANTIAL DISTANCE AWAY FROM THE EMPLOYEE'S POST OF DUTY (SOME 250 MILES). THIS FACT COUPLED WITH THE LOW SALARY OF THE EMPLOYEE (HE WAS DEMOTED TO GRADE GS-3) WOULD PLACE AN UNREASONABLE BURDEN ON HIM UNLESS THE EXPENSE OF THE TRAVEL INVOLVED IS BORNE BY THE AGENCY.
IN VIEW OF THESE CIRCUMSTANCES, THE AGENCY'S REFUSAL TO PAY ANY PART OF THE COST OF THE TRAVEL INVOLVED APPEARS TO BE UNWARRANTED UNLESS, OF COURSE, THE HEARING WAS HELD IN MINNEAPOLIS IN ACCORDANCE WITH THE EMPLOYEE'S REQUEST. SEE 33 COMP.GEN. 582 (1954).
BEFORE CONCLUDING WHETHER WE SHOULD DIRECT ALLOWANCE OF THE CLAIM THE MATTER IS REFERRED FOR FURTHER ADMINISTRATIVE CONSIDERATION WITH THE REQUEST THAT WE BE ADVISED OF YOUR ACTION. SHOULD YOU DECIDE THAT THE CLAIM STILL SHOULD NOT BE ALLOWED, A FULL EXPLANATION OF THE REASONS THEREFOR SHOULD BE TRANSMITTED TO THIS OFFICE.