Hon. John H. Winters

Executive Dfreotor Department of Public Welfare Austin, Texas OpinionNo, S-21

Re: Legality of defraying the travel expenses of new employeeswhile they are at- 'tendingan inservice orientation and indoctrination Dear Sir: training course.

You have requested the opinion of this office concerningtravelexpense reimbursement of ne?,,employees while they receive indoctrinationand orientatiohon departmental policies,rules and regulations, and supervised training in actual welfare case investigations. You indicate that the new employee has a designated "station" immediately upon his appointmentwhere he will perform his regular assigned duties) but that he receives trainingat one of several orientation centers, selected by the department, the location of which may or may not coincidewith his permanent station, You further emphasize that under supervision the new employee carries out assignments of the same character as if he were working from his own station,

The assignment of dutfes of employees is a decision whioh rests with the agency in its sound administrativediscretionwithin the statutory limitationswhich may etist. Responsibilityfor the administrationof the StateBs welfare program lfes,in the State Department of Public Welfare, In the discharge of this responsibility the Department has fnoorporated in its overallplan of operation an in-service training programwhereby a portion of the normal business of investigation of welfare cases is accomplishedand, incidental thereto, new employees can receive supervised experfeaae in the actual practices of their employment. The Federal SecurityAgency participates in the maintenance cost and has approved the operation of these training and orientationunits,

Since the State Department of Public Welfare has determined that it is reasonable that new employees discharge an **on-the-job"

apprentfoeshipwhereby they may become acquainted with applicable laws, departmental rules; regulations, practic-Han, John H. Winters, page 2 (S-21)

es, and policies underwhich they function, it is sufficient.. for our present inquiry if the employee is engaged in his assigned duties, if his assignment is State business, and if his assignedduties require his presence other than at his regular- -1ydesignated station,

We are not unmindful of Section 2# (12)b,Art,III of the current general appropriationbill Ch. 499,Acts,52nd, Leg. 1951,R.S,,which prohibits the Comptrollerfrom issuingwarrants to reimburse living expenses inourred.withfnthe city or townwhere an officer or employee is stationed, We expressly adhere to prior opinions of this officewhich hold the station of a man iswhere he carries out his regular assignedduties and thet no.travel expense oan be paid a new man who is enroute initially to begin his first ~dutfes,

In AttorneyGeneralOs OpinionNo, O-3008 addressed to the Comptroller of Public Acdbunts on January 13, 1941, itwas stated:
"The question of QstatiOningPemployees is one which must address itself primarily to the discretion of the departmentheads. Of course, the provisions of the appropriation Bill above quotedmay not be evaded by termingwhat is in truth an actual change of headquartersa Ptemporaryassignment? but it can not be said that circumsta,nces may not existwhich would justifya temporaryassignmentrather that?a change of station, though it had been decided by the department head that at a later date a permanent change of stationwould be effeetedQt'
See alsoAttorney GeneralDs OpinionNo, v-461 to the Comptroller of Public Accounts on December23, 1947, for a distinctionbetween "temporary station" and "headquarters" of a state officer or employee as these terms are used in the appropriation bill riders, .,

Because State business is carried out at the oriertatfon centers on the same basis as if the employeewere working' in his own headquarters, it is our opinion that the Department of Public Welfare is authorized to pay travel expenseswhile the employee is executing this temporary assignmentat an orfentation cen%er away from his regular station,Hon. John H. Winters, page 3 (S-21)

S-Y Travel expenses of employees of the Department of PublicWelfare while working.in orientation training units on-temporaryassignmentsmay be reimbursed under the provisions of the general appropriation bill.

Yours very truly,
APPROVED: JOHN EiENSKEPPERD Attorney General David B. Irons AdministrativeDivision. * .' Willis E. Gresham Reviewer
Robert S. Trottl First Assistant.
John Ben Shepperd AttorneyGeneral

.'

.