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B-199951 1 (1981-04-16)

handle is hein.gao/gaobadjhk0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D.C. 20548 LtNITS 4 FILE: B-199951 DATE: Apri1 16, 1981 MATTER OF: Richard A. Du Bey DIGEST: Claimant, former Environmental Protection Agency (EPA) Assistant Regional Counsel, had notices published in newspapers with- out prior written authorization as required by 44 U.S.C. § 3702 and EPA directives. Claimant paid newspapers from his own per- sonal funds and sought reimbursement from EPA. Since EPA could not have paid claim by newspapers directly, and since employee may not create claim in his favor by voluntarily making payment from personal funds, claim must be denied. Mr. Richard A. Du Bey has~requested reconsideration of the action of our Claims Group disallowing his claimD in the amount of $89.93Zarising in the circumstances set forth below. For the reasons that follow, we conclude that the disallowance was correct. On January 5 and February 2, 1980, Mr. Du Bey,Lthen the Assistant Regional Counsel, Region X, Environmental Protection Agency (EPA), requested that a notice of a public hearing be advertised in two Boise, Idaho news- papers._ The notice had been provided for in a stipula- tion by the parties in a la suit brought against EPA by a homeowners' association. Upon discovering that he had failed to comply with a requirement, imposed by statute and EPA directive, that he obtain written authorization before placing the notices, Mr. Du Bey paid the newspapers from his own personal funds and sought reimbursement from EPA. EPA referred the matter to our Claims Group which disallowed the claimby Settlement Certificate dated June 10, 1980 (claim no. Z-2822295). The primary reason Mr. Du Bey's claim cannot be allowed is 44 U.S.C. § 3702, which provides: Advertisements, notices, or proposals for an executive department of the Government, or for a bureau or office connected with it, may not be published in a newspaper except under written authority from the head of the department; and a bill for advertising or publication may not be paid unless there is presented with the bill a copy of the written authority. 5:& f 1 ,_7/ ?4

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