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B-179640 1 (1974-08-19)

handle is hein.gao/gaobadczy0001 and id is 1 raw text is: OECISION THE COMPTROLLER GENERAL * OF THE UNITED STATES WASHINGTON, D .C. 20548 6( FILE: B-179640 DATE: AUG 19 1974J MATTER OF:PA MATTE OF:Charles C. Varga, Jr. - Travel and Per Diem allowances for consultant Person employed as consultant becomes temporary rather than intermittent employee upon completion of 130 days of work in a service year and thereupon ceases to be entitled to per diem allowance or allowance for travel between his home and place of performance of consulting duties even though employing agency may have informed employee otherwise, since Government is not responsible for unauthorized acts of its employees. DIGEST: This action is in response to a request for a review of the disallowance by our Transportation and Claims Division of the claim of Mr. Charles C. Varga, Jr., a former consultant with the Environ- mental Protection Agency, for travel expenses for the period May 23, 1972 through June 29, 1973. Mr. Varga was employed by the Environmental Protection Agency as a consultant on various programs from January 25, 1971 to June 29, 1973, under various appointments. From January 25, 1971 to October 24, 1971, his consulting duties were in Washington, D.C.; from October 25, 1971 to May 22, 1972, they were in New York; and, from May 23, 1972 to June 29, 1973, they were in the Washington area. Throughout this time, Mr. Varga maintained his home in the New Jersey suburbs of New York City. All of the above appointments were made under 5 U.S.C. 3109 and Mr. Varga's employment was on a full time basis. During the period in question, as well as the period in 1971 when his consulting duties were performed in the Washington area, Mr. Varga generally flew to Washington at the start of the week, stayed in hotels in Washington, and flew home on weekends. He generally traveled to and from the airports, hotels, and consulting locations by taxicab. For the period January 25, 1971, through May 22, 1972, Mr. Varga received expenses of travel including a per diem in lieu of subsistence and transportation between his home and duty station. While his services were originally intended to be utilized on an intermittent basis it is evident that when his working days totalled 130 days, he no longer was to be regarded as an intermittent consultant so as to be entitled to expenses in traveling between his home and duty station and expenses while at his duty station. In July of 1973, the agency disallowed his j 9

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