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B-210986 1 (1984-05-21)

handle is hein.gao/gaobadlsf0001 and id is 1 raw text is: DECIUION FILEI B-210906 THE OOMPTROLLERW UUNNPAL o TH UNITED *TATEU WA5HINTON, O0'.C, I2054U DATEi May 21, 1984 MATTER 0 DIGSIDT: )Fi Irving . Miller Government attorney used personal funds to pay air faro for three witnesses who had been sub- poenaed to appear at court hearing when air- line inexplicably refused to honor GTR, Since presence of witnesses was necessary and time did not reasonably permit other arrangements, attorney may be reimbursed under guidelines set forth in 62 Comp. Gen, 419 (1983). How- ever, record is unclear regarding circum- stances of attorney's payment of lodging and subsistence expenses for witnesses and no finding can be made that attorney acted in a situation of urgent public necessity, Accord- ingly, based on present record, attorney may not be reimbursed for those expenses. This is in response to a request for an advance decision from Mr. Ronald P. Passe'o, Authorized Certifying Officer, Equal Employment opportunity Commission (EEOC), as to the propriety of paying a claim by Mr. Irving M. Miller, an EEOC employee, for reimbursement of expenses incurred by him in personally financing the travel of certain Government witnesses. Although the request for decision was not accompanied by a specific payment voucher (31 u.s.c. S 3529(a)(2)), we will treat the matter as the referral of a doubtful clait for decision under our claims settlement authority, 31 U.S.C. S 3702(a). As discussed below, we con- clude that part of the claim may be allowed and part must be devied. Facts in February 1979, Mr. Miller was serving as a trial attorney for the EEOC in the case of EEOC V. Ironworkers 0ocal No. 378 in the U.S. District Court for the Northern District of California in San Francisco. A hearing in' that case was scheduled for February 12, 13, and 14, 1979, which required the attendamnce of five witnesses for the EEOC, Charles Barker, Ralph Evans, Samuel Pinkey, James Alexander and Vernon Clark, who were apparently indigent and living in San Diego. According to Mr. Miller, the trial judge had warned that EEOC's cause of action would be dismissed if the I Y)Wq

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