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B-187162 1 (1977-02-09)

handle is hein.gao/gaobadech0001 and id is 1 raw text is: I Marilynn Eaton aI ~Civ.Pers. cc THE COMPTROLLER tENERAL DECISION . * OP THE UNITEs UTATE N1 WASHINGTON, D.C. 3054 FILE: 'i-187162 DATE: Nbrary 9, 19m MATTER OF: David E. Neiian. --Claim for reimbar .Aent of relocation expei sea DIGEBT: Statutes and regulations give agency broad discretion in determining whether relocation of eiployee's residence 3.9 miles closer to new duty station is incident to transfer. Denial of payment on grounds of insufficient savings of time and distance is tantamount to finding that relocation is not incident to transfer. Therefore, no basis for pay- ment of claim exists. The Acting Director of the Financial Manapement Division, U. Si Customs Service, Department of the Truasury, Los Angeles, California, a certifying officer, requests an advance decision whether a claim by Special Agent David E. Meisner for reimbursament of relocation eipenses incurre, in anticipation of the transfer of his official duty station from Terminal Island, California, to the Civic Center in Los Angeles, California, may be certified for payment. Payment has been denied on three separate occasions, both before and after transfer, by the Regional Director for Internal Affairs, U.S. Customs Service, Los Angeles, on grounds that the relocation did not result in a sufficient savings of commuting time or distance, was not in the best interest of the Government, and therefore did not qualify kor reimbursement by the Govern- ment. A grievance report prepared by the Regional Personnel Officer, U.S. Customs Service, San Francisco, prior to the actual trvnsfar sustained the action of the Regional Director in dis- allowing Mr. Meianer's cla.m-for reimbursement of relocation expenses. The record shows that the Terminal Island Customhouse was moved to downtown Los Angeles, a distance of 25 miles, on July 25, 1976, as she result of a reorganization in which all regional functions of the U.S. Customs Service were to be housed together (collocated). The exact date on which employees officially were notified of the transfer is uncertain. Mr. Meaisner states that there were indications of an impending move as early as June, 1975, and that verbal notice was given in January, 1076. A memorandum listing

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