B-157005, JAN. 12, 1966

B-157005, JAN. 12, 1966

TO MR. EDWARD D. PADGETT, EXECUTIVE VICE PRESIDENT, EXECUTIVE BOARD NFFE, LOCAL 1437, NATIONAL FEDERATION OF FEDERAL EMPLOYEES:

THIS IS IN REPLY TO YOUR LETTERS OF DECEMBER 9 AND 13, 1965, APPEALING FROM OUR DECISION OF DECEMBER 6, 1965, DENYING YOUR CLAIMS FOR PROFESSIONAL SERVICES, EXTRAORDINARY MEDICAL EXPENSES, AND COMPENSATION FOR SEPTEMBER 18 AND 21, 1964. YOU ALSO PRESENT AN ADDITIONAL CLAIM FOR $476 COVERING COMPENSATION FOR THE PERIOD MAY 12 24, 1965.

YOU ADVISE THAT IT WAS PART OF YOUR ASSIGNED DUTIES TO PROVIDE CONSULTATION AND ENGINEERING INFORMATION ON PATENTS AND THAT, THEREFORE, YOUR SERVICES WERE NOT VOLUNTEERED ON YOUR PART BUT HAD BEEN ORDERED. THE CONSULTATION WITH MR. SMITH, PATENT COUNSEL, ON SEPTEMBER 18, 1964, WAS A PART OF YOUR ASSIGNED DUTIES YOU WOULD NOT BE ENTITLED TO ADDITIONAL COMPENSATION BEYOND YOUR REGULAR SALARY THEREFOR ANY MORE THAN YOU WOULD FOR VOLUNTARY SERVICES BEYOND THE SCOPE OF YOUR DUTIES. 5 U.S.C. 69, 70. AND WHILE YOU MAY HAVE BEEN ADVISING IN THE SUBJECT AREA WITHIN THE SCOPE OF YOUR GENERAL DUTY ASSIGNMENT ON THE DATE AND TIME IN QUESTION YOU WERE NOT CARRYING OUT YOUR ASSIGNMENT AT YOUR APPOINTED PLACE OF DUTY AND HAD NOT SECURED PERMISSION TO LEAVE YOUR POST. ACCORDINGLY, IT WAS APPROPRIATE FOR THE ADMINISTRATIVE OFFICER TO CHARGE YOUR 1/2 HOUR ABSENCE FROM 1600 TO 1630 ON SEPTEMBER 18, 1964, TO LEAVE WITHOUT PAY RATHER THAN TO ANNUAL LEAVE. LIKEWISE, YOU HAVE NOT PRESENTED ANY ADDITIONAL EVIDENCE RESPECTING YOUR CLAIM FOR ADDITIONAL COMPENSATION FOR SEPTEMBER 21, 1964, OR EXTRAORDINARY MEDICAL EXPENSES THAT PROVIDES ANY BASIS FOR MODIFYING OR REVERSING OUR DECISION OF DECEMBER 6, 1965, IN THAT REGARD.

WHILE YOUR LETTERS ARE CHIEFLY CONCERNED WITH APPEALING OUR DECISION OF DECEMBER 6, 1965, YOU NOW MAKE AN ADDITIONAL CLAIM OF $476 AGAINST THE BOND OF THE FINANCE AND ACCOUNTING OFFICER AT PICATINNY ARSENAL, MR. KELLY. THE PURPOSE OF THE REQUIREMENT THAT A CERTIFYING OFFICER OR FISCAL OFFICER FURNISH A BOND IS TO SECURE THE GOVERNMENT AGAINST LOSS. THE INDEMNITY AGREEMENT BETWEEN THE OFFICER AND THE INSURANCE COMPANY IS EXECUTED IN FAVOR OF THE GOVERNMENT, AND YOU ARE NOT PRIVY TO THE CONTRACT SO AS TO ENABLE YOU TO SUE ON THE BOND. SEE UNITED STATES FOR USE AND BENEFIT OF MIDLAND LOAN FINANCE CO. V. NATIONAL SURETY CORP., 103 F.2D 450. SEE ALSO 31 U.S.C. 82C. ITS PURPOSE IS NOT TO SECURE AN EMPLOYEE AGAINST A CERTIFYING OFFICER'S FAILURE TO PAY COMPENSATION TO WHICH THE EMPLOYEE IS ENTITLED. IF YOU BELIEVE YOU HAVE A CLAIM FOR COMPENSATION FOR THE PERIOD MAY 12 TO 24, 1965, WE SUGGEST YOU TAKE THE MATTER UP WITH YOUR AGENCY AND REQUEST THAT IF THERE IS A DOUBT AS TO YOUR ENTITLEMENT THERETO THE CLAIM BE SUBMITTED TO OUR CLAIMS DIVISION FOR APPROPRIATE ACTION.

THIS OFFICE IS UNABLE TO SEND YOU TIME CARDS FOR THE PERIOD SEPTEMBER 14, 1964, TO JANUARY 4, 1965, AS YOU HAVE REQUESTED SINCE WE DO NOT HOLD THOSE DOCUMENTS. IN VIEW OF THE FACT THAT THE DOCUMENTARY MATERIAL ON WHICH DETERMINATIONS OF THIS OFFICE HAVE BEEN MADE WAS COMPILED BY THE ARSENAL AND THE DEPARTMENT OF THE ARMY, IT IS SUGGESTED THAT YOU OBTAIN SUCH RECORDS FROM THOSE AGENCIES.

IF YOU CONSIDER THAT PICATINNY ARSENAL IS INVOLVED IN A CONFLICT OF INTEREST IN CONFERRING A $50 INCENTIVE AWARD ON YOU FOR PATENT WORK AND AT THE SAME TIME HOLDING THAT YOU WERE NOT ENTITLED TO PAY FOR VOLUNTARY PROFESSIONAL SERVICES RENDERED IN THE SAME FIELD WE SUGGEST THAT CLARIFICATION AND RESOLUTION OF THIS MATTER BE OBTAINED THROUGH CONTACT WITH APPROPRIATE OFFICIALS OF THE ARSENAL.

ENCLOSED YOU WILL FIND A COPY OF 44 COMP. GEN. 274, B-24647, NOVEMBER 9, 1964, AS YOU REQUESTED.

FOR THE REASONS SET FORTH ABOVE WE MUST SUSTAIN OUR PREVIOUS ACTION OF DECEMBER 6, 1965, IN DENYING ADDITIONAL COMPENSATION FOR SEPTEMBER 18 AND 21, 1964, AND THE CLAIMS FOR PROFESSIONAL SERVICES AND EXTRAORDINARY MEDICAL EXPENSES, AND MUST DISALLOW YOUR CLAIM AGAINST THE BOND OF THE ACCOUNTABLE OFFICER FOR $476 FOR COMPENSATION FOR THE PERIOD MAY 12-24, 1965. UNLESS ADDITIONAL CREDIBLE EVIDENCE IS PRESENTED ANY FURTHER APPEALS IN THIS AREA WILL BE FILED WITHOUT REPLY.