B-152641, JAN. 9, 1964
Highlights
UNITED STATES DEPARTMENT OF AGRICULTURE WHICH WAS THE SUBJECT OF OUR DECISION TO YOU OF NOVEMBER 15. JARVIS SUBMITTED COPIES OF THE STATEMENTS OF FOUR INDIVIDUALS WHO WERE OFFICIALS IN THE INTER-AMERICAN DEVELOPMENT COMMISSION AT THE TIME SHE WAS EMPLOYED THERE. JARVIS WAS PAID FROM FUNDS OF THE OFFICE OF THE COORDINATOR OF INTER-AMERICAN AFFAIRS WHILE WORKING WITH THE INTER AMERICAN DEVELOPMENT COMMISSION. WHO WAS THE EXECUTIVE SECRETARY OF THE COMMISSION. MADE THE STATEMENT THAT ALL EMPLOYEES OF THE COMMISSION WERE ACTUALLY EMPLOYEES OF THE UNITED STATES GOVERNMENT ON LOAN TO THE COMMISSION. LONG WHO WERE OFFICERS IN THE INTER- AMERICAN DEVELOPMENT COMMISSION CORROBORATE MR. OUR DECISION OF NOVEMBER 15 IN THIS CASE WAS CORRECT SO FAR AS IT HELD THAT EMPLOYMENT WITH THE INTER-AMERICAN DEVELOPMENT COMMISSION.
B-152641, JAN. 9, 1964
TO MR. R. W. BRANNON, AUTHORIZED CERTIFYING OFFICER, AGRICULTURAL MARKETING SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE:
WE REFER TO YOUR LETTER OF OCTOBER 7, 1963, CONCERNING THE COMPENSATION OF MRS. ANNA B. JARVIS, AN EMPLOYEE OF THE AGRICULTURAL MARKETING SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE WHICH WAS THE SUBJECT OF OUR DECISION TO YOU OF NOVEMBER 15, 1963, B-152641.
MRS. JARVIS HAS REQUESTED THAT WE RECONSIDER OUR DECISION THAT HER SERVICE WITH THE INTER-AMERICAN DEVELOPMENT COMMISSION BETWEEN 1942 AND 1945 AT A PAY RATE EQUIVALENT TO THAT OF GRADE CAF-6 MAY NOT BE VIEWED AS FEDERAL SERVICE FOR THE PURPOSE OF APPLYING THE "HIGHEST PREVIOUS RATE" RULE.
WITH HER REQUEST MRS. JARVIS SUBMITTED COPIES OF THE STATEMENTS OF FOUR INDIVIDUALS WHO WERE OFFICIALS IN THE INTER-AMERICAN DEVELOPMENT COMMISSION AT THE TIME SHE WAS EMPLOYED THERE. IT APPEARS FROM THOSE STATEMENTS THAT MRS. JARVIS WAS PAID FROM FUNDS OF THE OFFICE OF THE COORDINATOR OF INTER-AMERICAN AFFAIRS WHILE WORKING WITH THE INTER AMERICAN DEVELOPMENT COMMISSION. MR. JOHN C. MCCLINTOCK, WHO WAS THE EXECUTIVE SECRETARY OF THE COMMISSION, MADE THE STATEMENT THAT ALL EMPLOYEES OF THE COMMISSION WERE ACTUALLY EMPLOYEES OF THE UNITED STATES GOVERNMENT ON LOAN TO THE COMMISSION. THE STATEMENTS OF MESSRS, LESTER C. FRANK, RAFAEL OREAMUNO AND JOHN R. LONG WHO WERE OFFICERS IN THE INTER- AMERICAN DEVELOPMENT COMMISSION CORROBORATE MR. MCCLINTOCK'S STATEMENT.
OUR DECISION OF NOVEMBER 15 IN THIS CASE WAS CORRECT SO FAR AS IT HELD THAT EMPLOYMENT WITH THE INTER-AMERICAN DEVELOPMENT COMMISSION, AN INTERNATIONAL ORGANIZATION, MAY NOT BE CONSIDERED FEDERAL EMPLOYMENT FOR THE PURPOSE OF APPLYING THE "HIGHEST PREVIOUS RATE" RULE. HOWEVER, IT NOW APPEARS FROM THE EVIDENCE SUBMITTED THAT MRS. JARVIS IN FACT WAS AN EMPLOYEE OF THE OFFICE OF THE COORDINATOR OF INTER-AMERICAN AFFAIRS RATHER THAN OF THE COMMISSION, AND AS SUCH PROPERLY COULD HAVE HER RATE OF COMPENSATION FIXED UNDER THE "HIGHEST PREVIOUS RATE" RULE.
THEREFORE, OUR DECISION OF NOVEMBER 15, 1963, REQUIRING AN ADJUSTMENT OF HER RATE OF COMPENSATION AND RECOVERY OF ANY OVERPAYMENT SHOULD BE DISREGARDED.