B-119634, MAR. 12, 1956
Highlights
WHICH DISALLOWED YOUR CLAIM FOR OVERTIME SERVICES ALLEGED TO HAVE BEEN PERFORMED AS A BORDER PATROL OFFICER. YOUR CLAIM WAS DISALLOWED BECAUSE THE RECORD FAILS TO SHOW THAT THE OVERTIME SERVICES WERE OFFICIALLY ORDERED OR APPROVED AS REQUIRED BY SECTION 203. THE IMMIGRATION AND NATURALIZATION SERVICE RECOMMENDED THAT YOUR CLAIM BE DISALLOWED BECAUSE THE OVERTIME SERVICES INVOLVED WERE NOT OFFICIALLY AUTHORIZED AS PROVIDED BY LAW. A SUPPLEMENTAL REPORT ON YOUR CLAIM WAS REQUESTED AND THE ASSISTANT COMMISSIONER. ALL PAID OVERTIME WAS REQUIRED TO BE ORDERED BY THE HEAD OF THE DIVISION OR OFFICE. THE IMMIGRATION AND NATURALIZATION SERVICE WAS GRANTED CERTAIN EXCEPTIONS TO ATTORNEY GENERAL'S ORDER NO. 1.
B-119634, MAR. 12, 1956
TO MR. WILLIAM C. COX:
YOUR RECENT LETTER REQUESTS REVIEW OF OUR SETTLEMENT DATED SEPTEMBER 7, 1955, WHICH DISALLOWED YOUR CLAIM FOR OVERTIME SERVICES ALLEGED TO HAVE BEEN PERFORMED AS A BORDER PATROL OFFICER, IMMIGRATION AND NATURALIZATION SERVICE, DURING THE PERIOD FROM NOVEMBER 7, 1954, TO APRIL 23, 1955.
YOUR CLAIM WAS DISALLOWED BECAUSE THE RECORD FAILS TO SHOW THAT THE OVERTIME SERVICES WERE OFFICIALLY ORDERED OR APPROVED AS REQUIRED BY SECTION 203, FEDERAL EMPLOYEES PAY ACT AMENDMENTS OF 1954, 68 STAT. 1109, BY AN OFFICER TO WHOM SUCH AUTHORITY HAD BEEN ADMINISTRATIVELY DELEGATED.
IN AUGUST 1955, THE IMMIGRATION AND NATURALIZATION SERVICE RECOMMENDED THAT YOUR CLAIM BE DISALLOWED BECAUSE THE OVERTIME SERVICES INVOLVED WERE NOT OFFICIALLY AUTHORIZED AS PROVIDED BY LAW.
UPON THE BASIS OF THE STATEMENTS IN YOUR LETTER, A SUPPLEMENTAL REPORT ON YOUR CLAIM WAS REQUESTED AND THE ASSISTANT COMMISSIONER, IMMIGRATION AND NATURALIZATION SERVICE, NOW REPORTS THAT UNDER ATTORNEY GENERAL'S ORDER NO. 1, DATED JANUARY 23, 1953, ALL PAID OVERTIME WAS REQUIRED TO BE ORDERED BY THE HEAD OF THE DIVISION OR OFFICE,"AND APPROVED IN ADVANCE BY THE DEPUTY ATTORNEY GENERAL OR THE ADMINISTRATIVE ASSISTANT ATTORNEY GENERAL.' ON FEBRUARY 17, 1953, THE IMMIGRATION AND NATURALIZATION SERVICE WAS GRANTED CERTAIN EXCEPTIONS TO ATTORNEY GENERAL'S ORDER NO. 1, TO PROVIDE FOR THE PAYMENT OF OVERTIME COMPENSATION TO EMPLOYEES ENGAGED IN CERTAIN SPECIFIED DUTIES. HOWEVER, IT IS ADMINISTRATIVELY REPORTED THAT IN YOUR POSITION AS SENIOR PATROL INSPECTOR YOU WERE NEVER ASSIGNED TO DUTIES OF THE NATURE COVERED BY THE SPECIFIC EXCEPTIONS TO THE ORDER AND THAT THERE IS NO RECORD IN EITHER WASHINGTON OR IN THE SOUTHWEST REGIONAL OFFICE THAT A REQUEST WAS MADE OR AUTHORITY GRANTED FOR THE PAYMENT OF OVERTIME COMPENSATION FOR SERVICES RENDERED BY YOU.
IN VIEW OF THE FOREGOING, OUR OFFICE HAS NO AUTHORITY, IN THE ABSENCE OF CORROBORATIVE EVIDENCE THAT YOUR STATED OVERTIME SERVICES WERE ORDERED OR APPROVED BY COMPETENT OFFICERS, TO WAIVE THE PROVISIONS OF THE STATUTE, OR TO DISREGARD THE STATEMENT OF FACTS FURNISHED BY THE RESPONSIBLE OFFICERS OF THE SERVICE. ACCORDINGLY, OUR SETTLEMENT OF SEPTEMBER 7, 1955, DISALLOWING YOUR CLAIM MUST BE AND IS SUSTAINED.