AGO 90-8.

Case Date:July 05, 1990
Colorado Attorney General Opinions 1990. AGO 90-8. STATE OF COLORADO OFFICE OF THE ATTORNEY GENERAL FORMAL OPINION OF DUANE WOODARD Attorney General Opinion No. 90-8 AG Alpha No. AD AC AGARP July 5, 1990Clifford W. Hall State Controller State of Colorado Division of Accounts and Control Department of Administration 1525 Sherman St., Room 706 Denver, CO 80203 RE: Payment of Per Diem ExpensesDear Mr. Hall: This opinion letter is written in response to your inquiry about payment of extended per diem expenses to Division of Highways ("the Division") employees who are required by their appointing authority to change their residences. QUESTION PRESENTED AND CONCLUSION Whether a Division employee who has been required to change his place of residence can be paid per diem relocation benefits beyond the 30-day limit of Section 24-50-134(6), C.R.S. (1988) and Fiscal Rule Section 5.40, 1 CCR 101-2 (1989), if such payment is designated as being necessary for "ordered travel" to the new work location? No. ANALYSIS Section 24-50-134, C.R.S. (1988) provides for payments to employees in the state personnel system who are required by the appointing authority to change their places of residence. Subsection (1) of Section 24-50-134 states that such employee is allowed moving and relocation expenses "subject to" the other provisions of the section. The allowances of per diem are governed by subsection (6): When an employee is required by any appointing authority, because of a change in assignment or a promotion or for any other reason related to his duties, to change his place of residence, such employee shall receive his per diem allowance up to a maximum of thirty days for necessary expenses incurred while locating a permanent residence at the new location. He may exclude at his option interruptions caused by sick leave, vacation, other authorized leave of absence, or ordered travel.... Per diem consists of lodging, meals, and miscellaneous allowances. (emphasis added.) See also Fiscal Rule Section 5.40, 2 CCR 101-2 (1989). This statutory scheme is a straightforward one. An employee is entitled to a per diem allowance while locating a permanent residence at the new location. The statute contemplates that this allowance is generally limited to a continuous period of 30 days. For example, an employee is reassigned from...

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