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B-13341, SEPTEMBER 3, 1941, 21 COMP. GEN. 191

B-13341 Sep 03, 1941
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SUCH POSTMASTERS SHOULD BE REQUIRED TO ACCOUNT FOR THE ENTIRE AMOUNT RECEIVED FROM THE STATE ON ACCOUNT OF SUCH JURY SERVICE TO THE EXTENT THAT IT IS NOT IN EXCESS OF THE COMPENSATION PAYABLE TO HIM BY THE UNITED STATES. 1941: THERE WAS RECEIVED FROM THE COMPTROLLER. WILL YOU KINDLY ADVISE IF IT WILL BE SATISFACTORY TO YOUR OFFICE IF POSTMASTERS ARE INSTRUCTED TO PAY THE NET AMOUNT DUE POSTAL EMPLOYEES ABSENT ON ACCOUNT OF JURY SERVICE. IT IS ALSO REQUESTED THAT THIS OFFICE BE ADVISED WHETHER ANY REPORT OF ABSENCE ON ACCOUNT OF JURY SERVICE BY THIRD- AND FOURTH-CLASS POSTMASTERS SHOULD BE MADE IN CONNECTION WITH THE COMPENSATION CLAIMED IN THEIR QUARTERLY ACCOUNTS. THIS REQUEST IS MADE DUE TO THE FACT THAT THIRD- AND FOURTH-CLASS POSTMASTERS EMPLOY SUBSTITUTES DURING THEIR ABSENCE.

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B-13341, SEPTEMBER 3, 1941, 21 COMP. GEN. 191

STATE JURY SERVICE - POSTAL SERVICE THE TERM "ANY EMPLOYEE OF THE UNITED STATES" AS USED IN THE ACT OF JUNE 29, 1940, RELATING TO LEAVE AND COMPENSATION DURING JURY SERVICE OF GOVERNMENT EMPLOYEES, INCLUDES POSTMASTERS OF ALL CLASSES. IN CONNECTION WITH THE PROVISION OF THE ACT OF JUNE 29, 1940, FOR CREDITING AGAINST COMPENSATION OF FEDERAL EMPLOYEES AMOUNTS RECEIVED FOR JURY SERVICE IN STATE COURTS, POSTMASTERS MAY BE ADMINISTRATIVELY INSTRUCTED TO PAY THE NET AMOUNTS DUE POSTAL EMPLOYEES ABSENT ON ACCOUNT OF SUCH SERVICE AND TO SHOW ON THE REVERSE SIDE OF THE PAY VOUCHERS THE PAY ROLL INFORMATION REQUIRED BY 20 COMP. GEN. 279 AS TO DAYS OF SERVICE AS JUROR AND DAILY FEE PAID; AMOUNT RECEIVED FROM STATE; ETC. A REPORT OF ABSENCE ON JURY SERVICE IN STATE COURTS SHOULD BE REQUIRED OF THIRD AND FOURTH-CLASS POSTMASTERS, AND SUCH POSTMASTERS SHOULD BE REQUIRED TO ACCOUNT FOR THE ENTIRE AMOUNT RECEIVED FROM THE STATE ON ACCOUNT OF SUCH JURY SERVICE TO THE EXTENT THAT IT IS NOT IN EXCESS OF THE COMPENSATION PAYABLE TO HIM BY THE UNITED STATES; HOWEVER, HE SHOULD RECEIVE CREDIT FOR AN AMOUNT EQUIVALENT TO THAT NECESSARILY EXPENDED IN THE CONDUCT OF THE AFFAIRS OF HIS OFFICE DURING HIS ABSENCE, PROVIDED THAT SUCH CREDIT SHALL NOT EXCEED THE AMOUNT PAYABLE TO THE POSTMASTER BY THE UNITED STATES AS COMPENSATION FOR THE PERIOD IN QUESTION.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE POSTMASTER GENERAL, SEPTEMBER 3, 1941:

THERE WAS RECEIVED FROM THE COMPTROLLER, BUREAU OF ACCOUNTS, POST OFFICE DEPARTMENT, A LETTER DATED MAY 1, 1941, AS FOLLOWS:

UNDER DATE OF NOVEMBER 22, 1940 THE COMPTROLLER GENERAL DIRECTED THAT THE " REMARKS" COLUMN OF PAY ROLLS AND VOUCHERS SHOULD SET FORTH DATA, IN SUBSTANCE AS FOLLOWS:

DAYS OF SERVICE AS JUROR AND DAILY FEE PAID.

AMOUNT RECEIVED FROM STATE.

CITATION TO CERTIFICATE OF DEPOSIT, NUMBER AND DATE.

IF REFUNDMENT BE NOT MADE BY THE EMPLOYEE, A DEDUCTION SHOULD BE MADE

FROM THE COMPENSATION DUE, AND SHOULD BE SHOWN IN COLUMN," OTHER

REDUCTIONS," WITH APPROPRIATE EXPLANATION IN THE " REMARKS"

COLUMN, ALONG THE LINES SET FORTH ABOVE. IN SUPPORT OF EVERY

REFUNDMENT OR DEDUCTION THERE SHOULD BE SUBMITTED A JURY DUTY

CERTIFICATE SIGNED BY THE CLERK OF THE COURT.

WILL YOU KINDLY ADVISE IF IT WILL BE SATISFACTORY TO YOUR OFFICE IF POSTMASTERS ARE INSTRUCTED TO PAY THE NET AMOUNT DUE POSTAL EMPLOYEES ABSENT ON ACCOUNT OF JURY SERVICE, AND SHOW THE ABOVE INFORMATION ON THE REVERSE SIDE OF THE PAY VOUCHER, TO BE ACCOMPANIED BY JURY SERVICE CERTIFICATE SIGNED BY THE CLERK OF THE COURT IN SUPPORT OF THE DEDUCTION MADE.

IT IS ALSO REQUESTED THAT THIS OFFICE BE ADVISED WHETHER ANY REPORT OF ABSENCE ON ACCOUNT OF JURY SERVICE BY THIRD- AND FOURTH-CLASS POSTMASTERS SHOULD BE MADE IN CONNECTION WITH THE COMPENSATION CLAIMED IN THEIR QUARTERLY ACCOUNTS. THIS REQUEST IS MADE DUE TO THE FACT THAT THIRD- AND FOURTH-CLASS POSTMASTERS EMPLOY SUBSTITUTES DURING THEIR ABSENCE.

IN RESPONSE TO THE FIRST QUESTION PRESENTED, YOU ARE ADVISED THAT IF IT BE CONSIDERED ADMINISTRATIVELY DESIRABLE TO INSTRUCT POSTMASTERS TO PAY THE NET AMOUNT DUE TO POSTAL EMPLOYEES ABSENT ON ACCOUNT OF JURY SERVICE AND TO SHOW THE REQUIRED INFORMATION (20 COMP. GEN. 279) ON THE REVERSE SIDE OF THE PAY VOUCHERS, THIS OFFICE WILL NOT OBJECT TO SUCH PROCEDURE.

WITH RESPECT TO THE SECOND QUESTION PRESENTED, YOU ARE ADVISED AS FOLLOWS: THE ACT OF JUNE 29, 1940, PUBLIC, 676, 54 STAT. 689, PROVIDES IN PERTINENT PART:

THAT THE COMPENSATION OF ANY EMPLOYEE OF THE UNITED STATES OR OF THE DISTRICT OF COLUMBIA WHO MAY BE CALLED UPON FOR JURY SERVICE IN ANY STATE COURT OR COURT OF THE UNITED STATES SHALL NOT BE DIMINISHED DURING THE TERM OF SUCH JURY SERVICE BY REASON OF SUCH ABSENCE, EXCEPT AS PROVIDED IN SECTION 3, NOR SHALL SUCH PERIOD OF SERVICE BE DEDUCTED FROM THE TIME ALLOWED FOR ANY LEAVE OF ABSENCE AUTHORIZED BY LAW.

SEC. 3. THERE SHALL BE CREDITED AGAINST THE AMOUNT OF COMPENSATION PAYABLE BY THE UNITED STATES TO ANY EMPLOYEE SPECIFIED IN SECTION 1 FOR SUCH PERIOD AS SUCH EMPLOYEE MAY BE ABSENT ON ACCOUNT OF JURY SERVICE IN THE COURT OF ANY STATE ANY AMOUNTS WHICH SUCH EMPLOYEE MAY RECEIVE FROM SUCH STATE ON ACCOUNT OF SUCH JURY SERVICE.

THE TERM "ANY EMPLOYEE OF THE UNITED STATES" AS USED IN THIS ACT IS CONSIDERED TO BE SUFFICIENTLY BROAD AND COMPREHENSIVE TO INCLUDE POSTMASTERS OF ALL CLASSES.

IT IS PROVIDED IN SECTION 418, POSTAL LAWS AND REGULATIONS, 1940, THAT---

IN CASE OF THE SICKNESS OR UNAVOIDABLE ABSENCE FROM HIS OFFICE OF THE POSTMASTER OF ANY MONEY-ORDER POST OFFICE, HE MAY, WITH THE APPROVAL OF THE POSTMASTER GENERAL, AUTHORIZE THE CHIEF CLERK, OR SOME OTHER CLERK EMPLOYED THEREIN, TO ACT IN HIS PLACE, AND TO DISCHARGE ALL THE DUTIES REQUIRED BY LAW OF SUCH POSTMASTER; * * *.'AN ABSENCE ON JURY DUTY IN A STATE OF FEDERAL COURT WOULD APPEAR TO CONSTITUTE AN "UNAVOIDABLE ABSENCE" WITHIN THE MEANING OF THAT PROVISION. WITH RESPECT TO THE ABSENCE OF POSTMASTERS ON ANNUAL LEAVE, SICK LEAVE, LEAVE WITHOUT PAY, ETC., IT IS PROVIDED, AMONG OTHER THINGS, IN SECTION 446, POSTAL LAWS AND REGULATIONS, 1940, AS FOLLOWS:

AT POST OFFICES WHERE THE APPOINTMENT OF AN ASSISTANT POSTMASTER HAS NOT BEEN SPECIFICALLY AUTHORIZED BY THE DEPARTMENT THE POSTMASTER SHALL DESIGNATE ONE OF THE CLERKS TO PERFORM THE DUTIES OF THE POSTMASTER DURING HIS ABSENCE.

3. ASSISTANT POSTMASTERS AT OFFICES OF THE THIRD AND FOURTH CLASSES MAY BE SELECTED WITHOUT THE APPROVAL OF THE DEPARTMENT * * *. A MEMBER OF THE POSTMASTER'S FAMILY OR A SURETY ON HIS BOND MAY, IF COMPETENT, BE APPOINTED ASSISTANT POSTMASTER AT A THIRD- OR FOURTH CLASS OFFICE OR DESIGNATED TO PERFORM THE DUTIES OF THE POSTMASTER DURING HIS ABSENCE.

6. THE POSTMASTER AT AN OFFICE OF THE THIRD OR FOURTH CLASS MAY EMPLOY AS CLERKS WITHOUT EXPENSE TO THE DEPARTMENT, IN ADDITION TO THE REQUIRED ASSISTANT, SUCH COMPETENT MEMBERS OF HIS FAMILY OR OTHER PERSONS, WHETHER OF LEGAL AGE OR NOT, AS HE MAY DESIRE TO HAVE ASSIST HIM. * * *

IN THE CASE OF A THIRD-CLASS POST OFFICE, THE POSTMASTERS ARE ALLOWED SPECIFIED SUMS FOR CLERK HIRE. SEE SECTION 1, ACT OF FEBRUARY 28, 1925, 43 STAT. 1053, 39 U.S.C. 81. IF THE AMOUNT THUS PROVIDED BE SUFFICIENT TO CARE FOR THE NORMAL NEEDS OF THE OFFICE, AND, IN ADDITION, TO PROVIDE ADEQUATE SERVICE DURING THE PERIOD OF ANY ABSENCE OF THE POSTMASTER, INCLUDING ABSENCE ON JURY DUTY IN A STATE COURT, IT WOULD APPEAR THAT THE FUNDS SHOULD BE USED FOR THAT PURPOSE. UNDER SUCH CIRCUMSTANCES, THE POSTMASTER WOULD RECEIVE HIS REGULAR SALARY AND WOULD NOT BE REQUIRED TO DISBURSE ANY OF HIS OWN FUNDS FOR EMPLOYMENT OF A SUBSTITUTE TO SERVE DURING HIS ABSENCE. IN OTHER WORDS, HIS COMPENSATION WOULD NOT "BE DIMINISHED DURING THE TERMS OF SUCH JURY SERVICE BY REASON OF SUCH ABSENCE" WITHIN THE MEANING OF SECTION 1 OF THE ACT OF JUNE 29, 1940, AND, ACCORDINGLY, UNDER THE TERMS OF SECTION 3 THEREOF IT WOULD BE NECESSARY TO CREDIT AGAINST THE AMOUNT OF COMPENSATION PAYABLE BY THE UNITED STATES, ANY AMOUNTS WHICH SUCH EMPLOYEE MAY RECEIVE FROM THE STATE ON ACCOUNT OF SUCH JURY SERVICE, SUBJECT, OF COURSE, TO THE RULE STATED IN 20 COMP. GEN. 209.

HOWEVER, POSTMASTERS AT THIRD-CLASS OFFICES ARE REQUIRED TO PAY FROM THEIR OWN FUNDS FOR ANY NECESSARY CLERK HIRE IN ADDITION TO THAT PROVIDED BY THE ACT OF FEBRUARY 28, 1925, SUPRA. IN THIS CONNECTION ATTENTION IS INVITED TO THE " NOTE" WHICH FOLLOWS SECTION 445 (4), POSTAL LAWS AND REGULATIONS, 1940, AS FOLLOWS:

THERE IS NO APPROPRIATION FROM WHICH AN ADDITIONAL ALLOWANCE MAY BE GRANTED FOR CLERK HIRE AT A THIRD-CLASS OFFICE ON ACCOUNT OF THE POSTMASTER'S ABSENCE. THEREFORE, ANY LEAVE GRANTED SUCH A POSTMASTER IS CONDITIONED UPON THE DISBURSEMENT FROM HIS SALARY OF SUFFICIENT FUNDS TO INSURE PROPER ASSISTANCE BEING EMPLOYED IN THE POST OFFICE DURING HIS ABSENCE.

IT FOLLOWS THAT IF ADDITIONAL CLERK HIRE BE MADE NECESSARY BY THE ABSENCE OF THE POSTMASTER ON JURY DUTY IN A STATE COURT, THE PAYMENT THEREFOR BY HIM WOULD RESULT IN A DIMINUTION OF HIS COMPENSATION "DURING THE TERM OF SUCH JURY SERVICE BY REASON OF SUCH ABSENCE.' ACCORDINGLY, SUCH POSTMASTER SHOULD BE REQUIRED TO REFUND, OR IN THE ABSENCE OF A REFUND, THERE SHOULD BE DEDUCTED FROM THE AMOUNT OF COMPENSATION PAYABLE TO HIM ONLY THE DIFFERENCE BETWEEN THE AMOUNT REQUIRED TO BE PAID FOR NECESSARY CLERK HIRE DURING THE PERIOD OF HIS ABSENCE AND THE AMOUNT RECEIVED BY HIM FROM THE STATE FOR THE JURY SERVICE. OF COURSE, THIS PRESUPPOSES THAT THE AMOUNT RECEIVED BY THE POSTMASTER FOR JURY SERVICE DOES NOT EXCEED THE COMPENSATION RECEIVED BY HIM FOR SUCH PERIOD FROM THE UNITED STATES AS POSTMASTER. FOR REASONS SET FORTH IN DECISION OF OCTOBER 24, 1940, 20 COMP. GEN. 209, TO THE SECRETARY OF STATE, IF THE COMPENSATION RECEIVED FOR STATE JURY SERVICE EXCEEDS THE COMPENSATION RECEIVED FROM THE UNITED STATES, THE EMPLOYEE MAY BE PERMITTED TO RETAIN THE DIFFERENCE. HOWEVER, IN ALL CASES WHERE THE AMOUNT RECEIVED AS COMPENSATION FROM THE UNITED STATES IS EQUAL TO, OR IN EXCESS OF, THE SUM RECEIVED FOR STATE JURY SERVICE THE EMPLOYEE IS REQUIRED, UNDER THE PLAIN TERMS OF SECTION 3 OF THE ACT, TO ACCOUNT FOR THE ENTIRE AMOUNT RECEIVED FROM THE STATE; AND, IN CONNECTION WITH SUCH ACCOUNTING, MAY BE PERMITTED TO RETAIN ONLY A SUM SUFFICIENT TO REIMBURSE HIM FOR THE AMOUNT WHICH HE IS REQUIRED TO PAY FROM HIS OWN FUNDS FOR NECESSARY CLERK HIRE DURING THE PERIOD OF ABSENCE-- - THEREBY SATISFYING THE REQUIREMENT OF SECTION 1 OF THE ACT, THAT THE COMPENSATION WILL NOT BE DIMINISHED. OF COURSE, SUCH SUM TO BE ALLOWED AS REIMBURSEMENT FOR CLERK HIRE MAY NOT EXCEED THE AMOUNT OF THE POSTMASTER'S COMPENSATION FROM THE UNITED STATES.

WITH RESPECT TO POSTMASTERS OF FOURTH-CLASS OFFICES IT IS UNDERSTOOD THAT WHEN THEY ARE ABSENT FOR ANY REASON, WHETHER ON ACCOUNT OF JURY SERVICE OR OTHERWISE, THEY ARE REQUIRED TO LEAVE THE OFFICE IN CHARGE OF A COMPETENT AND DULY APPOINTED SUBSTITUTE, AND TO PAY FROM THEIR OWN FUNDS ANY COMPENSATION RECEIVED BY THE SUBSTITUTE. ACCORDINGLY, AS IN THE CASE OF THIRD-CLASS POSTMASTERS, THE FOURTH-CLASS POSTMASTERS SHOULD BE REQUIRED TO ACCOUNT ONLY FOR THE DIFFERENCE BETWEEN THE AMOUNT NECESSARY TO BE EXPENDED FROM PERSONAL FUNDS FOR CLERK HIRE AND THE AMOUNT RECEIVED FROM THE STATE FOR THE JURY SERVICE.

YOU ARE ADVISED, THEREFORE, IN RESPONSE TO THE SECOND QUESTION PRESENTED, THAT A REPORT OF ABSENCE ON ACCOUNT OF JURY SERVICE IN STATE COURTS OF THIRD- AND FOURTH-CLASS POSTMASTERS SHOULD BE REQUIRED; THAT IN CONNECTION WITH SUCH REPORT THE POSTMASTER INVOLVED SHOULD BE REQUIRED--- EXCEPT IN CASES WHERE THE JURY SERVICE COMPENSATION EXCEEDS THE COMPENSATION PAYABLE BY THE UNITED STATES--- TO ACCOUNT FOR THE ENTIRE AMOUNT RECEIVED FROM THE STATE, BUT THAT IN TURN HE SHOULD RECEIVE CREDIT FOR AN AMOUNT EQUIVALENT TO THAT NECESSARILY EXPENDED IN THE CONDUCT OF THE AFFAIRS OF THE OFFICE DURING HIS ABSENCE--- PROVIDED, OF COURSE, THAT NO SUCH CREDIT SHALL EXCEED THE AMOUNT PAYABLE TO THE POSTMASTER BY THE UNITED STATES AS COMPENSATION FOR THE PERIOD IN QUESTION.

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