B-150064, MARCH 7, 1963, 42 COMP. GEN. 460

B-150064, MARCH 7, 1963, 42 COMP. GEN. 460

CITIES, CORPORATE LIMITS - HONOLULU, HAWAII UNDER AN ORDERED CHANGE IN DUTY ASSIGNMENTS FROM A POINT WITHIN THE CITY AND COUNTY OF HONOLULU, WHICH EMBRACES THE ISLAND OF OAHU, HAWAII, TO THE DISTRICT OF HONOLULU, CORRESPONDING TO THE URBAN AREA OF THE CITY OF HONOLULU, A MOVE BY A MEMBER OF THE UNIFORMED SERVICES TO HONOLULU, WHICH REQUIRED TEMPORARY OCCUPANCY OF HOTEL ACCOMMODATIONS FOR HIMSELF AND FAMILY, ENTITLED THE MEMBER TO PAYMENT FOR TRAVEL, TEMPORARY LODGING, DEPENDENTS' TRAVEL, AND DISLOCATION ALLOWANCE, THE CHANGE IN DUTY ASSIGNMENTS CONSTITUTING A PERMANENT CHANGE OF STATION WITHIN THE PURVIEW OF PARAGRAPH 1150-10A OF THE JOINT TRAVEL REGULATIONS AND, ALTHOUGH THE CITY AND COUNTY OF HONOLULU HAS FEATURES OF AN INCORPORATED CITY, IT, NONETHELESS, HAS A DUAL TYPE GOVERNMENT COMBINING FEATURES OF A COUNTY WITH THOSE OF A MUNICIPALITY AND, THEREFORE, THE TRANSFER OF THE MEMBER TO AN OFFICIAL STATION WITHIN THE BOUNDARIES OF THE DISTRICT OF HONOLULU CONSTITUTES A PERMANENT CHANGE OF STATION.

TO WALTER F. ROGERS, UNITED STATES MARINE CORPS, MARCH 7, 1963:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 11, 1962, SUBMITTING THROUGH ADMINISTRATIVE CHANNELS FOR AN ADVANCE DECISION THE CLAIM OF CAPTAIN WALLACE W. MIKELSON, USMCR, FOR TRAVEL, TEMPORARY LODGING, DEPENDENTS' TRAVEL, AND DISLOCATION ALLOWANCES INCIDENT TO AN ORDERED CHANGE IN DUTY ASSIGNMENTS. THE REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 62-19 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

BY COMPANY SPECIAL ORDERS NO. 46-62, DATED AUGUST 24, 1962, OF THE FIRST AIR AND NAVAL GUNFIRE LIAISON COMPANY, FLEET MARINE FORCE, LOCATED AT CAMP H. M. SMITH (HALAWA HEIGHTS), OAHU, HAWAII, CAPTAIN MIKELSON WAS REASSIGNED ON WHAT IS STATED TO BE A PERMANENT CHANGE OF STATION FROM THAT ORGANIZATION TO THE FIRST MARINE BRIGADE (MARINE AIRCRAFT GROUP THIRTEEN), FLEET MARINE FORCE, SITUATED AT KANEOHE BAY, OAHU, HAWAII, TO WHICH UNIT HE REPORTED ON SEPTEMBER 4, 1962. IT APPEARS THAT PURSUANT TO THOSE ORDERS CAPTAIN MIKELSON, TOGETHER WITH HIS WIFE AND SON, MOVED ON AUGUST 30, 1962, FROM THEIR PLACE OF RESIDENCE IN PEARL CITY, OAHU, TO THE FOSTER TOWERS HOTEL, 2500 KALAKAUA AVENUE, HONOLULU, HAWAII, WHERE HE HAS CERTIFIED HE WAS REQUIRED TO OBTAIN HOTEL ACCOMMODATIONS FOR HIMSELF AND FAMILY PENDING ARRANGEMENTS FOR PERMANENT LIVING ACCOMMODATIONS. SEPTEMBER 5, 1962, CAPTAIN MIKELSON FILED CLAIM FOR PAYMENT OF A TEMPORARY LODGING ALLOWANCE FOR SUCH ACCOMMODATIONS FOR THE PERIOD FROM SEPTEMBER 4, 1962, UNTIL TERMINATION. THE PRESENT RECORD DOES NOT ESTABLISH THE PERIOD THAT THE MEMBER AND HIS DEPENDENTS RESIDED AT THE HOTEL.

THE MATTER WAS SUBMITTED HERE FOR A DECISION INASMUCH AS THERE WAS DOUBT AS TO WHETHER THE TRAVEL AND DUTY ASSIGNMENT UNDER THE ORDERS CONSTITUTED A PERMANENT CHANGE OF STATION AS CONTEMPLATED BY PARAGRAPH 1150-10A OF THE JOINT TRAVEL REGULATIONS.

THIS DOUBT IS SAID TO HAVE ARISEN BECAUSE OF PROVISIONS WITH RESPECT TO THE GEOGRAPHICAL LIMITS OF THE CITY AND COUNTY OF HONOLULU CONTAINED IN SECTION 1-102 OF THE CHARTER OF THE CITY AND COUNTY OF HONOLULU, NOTE 8, APPENDIX, REVISED LAWS OF HAWAII 1955, 1960 SUPPLEMENT.

SECTIONS 1-101 AND 1-102 PROVIDE:

SECTION 1-101. INCORPORATION. THE PEOPLE OF THE CITY AND COUNTY OF HONOLULU SHALL BE AND CONTINUE AS A BODY POLITIC AND CORPORATE BY THE NAME OF "CITY AND COUNTY OF HONOLULU," HEREINAFTER IN THIS CHARTER CALLED "CITY.' BY THAT NAME IT SHALL HAVE PERPETUAL SUCCESSION.

SECTION 1-102. GEOGRAPHICAL LIMITS. ALL THAT PORTION OF THE TERRITORY OF HAWAII COMMONLY KNOWN AS THE ISLAND OF OAHU, AND ALL OTHER ISLANDS IN THE TERRITORY OF HAWAII AND THE WATERS ADJACENT THERETO, NOT INCLUDED IN ANY OTHER COUNTY, SHALL CONSTITUTE THE CITY AND COUNTY OF HONOLULU.

PURSUANT TO THE PERTINENT STATUTE, 37 U.S.C. 411 (D), PARAGRAPH 1150-10A OF THE JOINT TRAVEL REGULATIONS, DEFINES THE TERM "PERMANENT STATION" AS FOLLOWS:

10. PERMANENT STATION

A. GENERAL. EXCEPT AS DEFINED IN SUBPAR. B, A PERMANENT DUTY STATION IS DEFINED AS THE POST OF DUTY OR OFFICIAL STATION (INCLUDING THE HOME PORT OR HOME YARD OF A VESSEL INSOFAR AS TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS IS CONCERNED) TO WHICH A MEMBER IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN "TEMPORARY DUTY" OR "TEMPORARY ADDITIONAL DUTY," THE LIMITS OF WHICH WILL BE THE CORPORATE LIMITS OF THE CITY OR TOWN IN WHICH THE MEMBER 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.

IN OUR DECISION OF DECEMBER 26, 1939, 19 COMP. GEN. 602, WE GAVE CONSIDERATION TO THE SIMILAR DEFINITION OF "OFFICIAL STATION" CONTAINED IN THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AND ITS APPLICABILITY TO CIVILIAN EMPLOYEES STATIONED IN THE CITY OF HONOLULU. AT THAT TIME PERTINENT PROVISIONS OF THE REVISED LAWS OF HAWAII, 1935, WERE 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 "THE 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. 3; R.L. 1925, S. 1719.)

IN CONNECTION WITH SECTION 3001, SECTION 3260 ALSO PROVIDED:

"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.'

AT THE PRESENT TIME, THE HONOLULU DISTRICT IS DEFINED IN SECTION 10 1 OF THE REVISED LAWS OF HAWAII 1955, 1960 SUPPLEMENT, WHICH PROVIDES:

SEC. 10-1. DESCRIPTION. FOR ELECTION, TAXATION, EDUCATIONAL, CITY, COUNTY AND ALL OTHER PURPOSES, THE STATE SHALL BE DIVIDED INTO THE FOLLOWING DISTRICTS:

(C) THE ISLAND OF OAHU SHALL BE DIVIDED INTO SEVEN DISTRICTS AS FOLLOWS:

(1) FROM MAKAPUU HEAD IN MAUNALUA TO MOANALUA INCLUSIVE, AND THE ISLANDS NOT INCLUDED IN ANY OTHER DISTRICT, TO BE STYLED THE HONOLULU DISTRICT; *

PROVISIONS SIMILAR TO THE ABOVE-QUOTED PROVISIONS OF SECTION 10-1 WERE CONTAINED IN SECTION 7620 OF THE REVISED LAWS OF HAWAII, 1935.

WITH RESPECT TO THE LIMITS OF THE CITY OF HONOLULU, AND GIVING CONSIDERATION TO THE FOREGOING STATUTORY PROVISIONS, THE UNITED STATES ATTORNEY, HONOLULU, STATED IN A LETTER DATED OCTOBER 25, 1939, IN PART, AS FOLLOWS:

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 REGULATION. * * *

IN VIEW OF THE ABOVE STATEMENTS AND FOR THE OTHER CONSIDERATIONS SET FORTH IN OUR DECISION OF DECEMBER 26, 1939, WE CONCLUDED THAT THE BOUNDARY OF THE CITY OF HONOLULU, THAT IS, THE HONOLULU DISTRICT, AS DISTINGUISHED FROM THE "CITY AND COUNTY OF HONOLULU" WOULD, FOR THE PURPOSE OF AUDIT ACTION AND THE SETTLEMENT OF CLAIMS FOR TRAVELING EXPENSES AND MILEAGE, BE REGARDED AS THE ,ESTABLISHED AREA" CONSTITUTING THE EMPLOYEE'S POST OF DUTY. PRESUMABLY THE RULE OF THAT DECISION HAS ALSO BEEN APPLIED BY THE DEPARTMENTS FOR PERMANENT STATION PURPOSES WHERE MATERIAL IN DETERMINING THE RIGHTS OF MILITARY PERSONNEL TO TRAVEL ALLOWANCES.

WHILE SECTION 1-102 OF THE PRESENT CHARTER CONTAINS PROVISIONS SIMILAR TO SECTION 3000 OF THE 1935 LAWS DEFINING THE BOUNDARIES OF THE CITY AND COUNTY OF HONOLULU, IT IS NOTED THAT THERE IS NO PROVISION IN THE PRESENT CHARTER SIMILAR TO SECTION 3001 OF THE 1935 LAWS PROVIDING THAT THE GEOGRAPHICAL LIMITS OF THE CITY OF HONOLULU SHALL MEAN THE SAME TERRITORY AS IS KNOWN AS "HONOLULU DISTRICT.' HOWEVER, "HONOLULU DISTRICT" IS STILL DEFINED IN SECTION 10-1 OF THE REVISED LAWS OF HAWAII, AS STATED ABOVE, AND AS FAR AS WE ARE AWARE, FOR URBAN PURPOSES THE DISTRICT OF HONOLULU IS STILL GENERALLY REGARDED AS THE CITY OF HONOLULU. OTHER TOWNS ON THE ISLAND HAVE SEPARATE POST OFFICES, AND IT IS ASSUMED THAT FOR ALL PRACTICAL PURPOSES EXCEPT THEIR GOVERNMENT STILL ARE SEPARATE AND DISTINCT FROM THE CITY OF HONOLULU, AS WAS REPORTED BY THE UNITED STATES ATTORNEY TO BE THE CASE IN 1939.

THE GOVERNMENT ESTABLISHED BY THE 1959 CHARTER FOR THE CITY AND COUNTY OF HONOLULU, EMBRACING THE ISLAND OF OAHU AND CERTAIN OTHER ISLANDS, HAS MANY FEATURES OF AN INCORPORATED CITY, BUT IT IS IN FACT A DUAL TYPE OF GOVERNMENT COMBINING THE FEATURES OF A COUNTY GOVERNMENT WITH THOSE OF A MUNICIPALITY. AND, IN MANY RESPECTS INCLUDING THE GEOGRAPHICAL LIMITS, THE GOVERNMENT IS NOT SUBSTANTIALLY DIFFERENT THAN IT WAS PRIOR TO THE ADOPTION OF THE 1959 CHARTER. THEREFORE, IN VIEW OF THE PECULIAR NATURE OF THE DUAL TYPE OF GOVERNMENT WHICH HAS LONG BEEN ESTABLISHED FOR THE ISLAND OF OAHU, THE RELATIVELY LARGE AREA INVOLVED, AND SINCE THE BOUNDARIES OF THE DISTRICT OF HONOLULU ARE STILL DEFINED BY STATUTE AND, IT IS UNDERSTOOD, GENERALLY CORRESPOND TO THE URBAN AREA OF THE CITY OF HONOLULU, WE WILL CONTINUE TO REGARD SUCH BOUNDARIES FOR AUDIT PURPOSES AS THE BOUNDARIES OF A MEMBER'S OFFICIAL STATION WHO IS STATIONED WITHIN THE BOUNDARIES OF THE DISTRICT OF HONOLULU.

THEREFORE, CAPTAIN MIKELSON'S TRANSFER FROM CAMP SMITH TO THE FIRST MARINE BRIGADE, KANEOHE BAY, CONSTITUTED A CHANGE OF PERMANENT STATION AND HIS CLAIM SHOULD BE SETTLED ON THAT BASIS. THE CLAIM AND SUPPORTING PAPERS ARE RETURNED HEREWITH FOR ACTION ACCORDINGLY.