A-12121, FEBRUARY 27, 1926, 5 COMP. GEN. 666

A-12121: Feb 27, 1926

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COMPENSATION - PERFORMANCE OF SERVICE THE RIGHT OF AN EMPLOYEE OF THE GOVERNMENT TO COMPENSATION IS DEPENDENT UPON THE RENDERING OF SERVICE AND WHERE THE ADMINISTRATIVE OFFICE WITHHOLDS CERTIFICATION AS TO THE PERFORMANCE OF SUCH SERVICE AND IT IS NOT OTHERWISE ESTABLISHED. THERE IS NO AUTHORITY TO MAKE PAYMENT THEREFOR. 1926: THERE IS BEFORE THIS OFFICE FOR CONSIDERATION THE CLAIM OF MR. REPRESENTING SALARY AND TRAVELING EXPENSES ALLEGED TO HAVE BEEN INCURRED DURING THE PERIOD MARCH 15 TO 31. IS HEREBY APPOINTED A SPECIAL AGENT IN THE BUREAU OF THE CENSUS. PAYMENT OF THE COMPENSATION PROVIDED HEREIN IS SUBJECT TO THE OATH OF OFFICE BEING TAKEN. THE ADMINISTRATIVE OFFICE WITHHELD APPROVAL OF THE VOUCHERS AND CERTIFICATION THAT SERVICES WERE PERFORMED DURING THE PERIOD IN QUESTION FOR REASONS STATED AS FOLLOWS: THE BUREAU'S FINAL DECISION NOT TO PAY THE AMOUNTS CLAIMED BY MR.

A-12121, FEBRUARY 27, 1926, 5 COMP. GEN. 666

COMPENSATION - PERFORMANCE OF SERVICE THE RIGHT OF AN EMPLOYEE OF THE GOVERNMENT TO COMPENSATION IS DEPENDENT UPON THE RENDERING OF SERVICE AND WHERE THE ADMINISTRATIVE OFFICE WITHHOLDS CERTIFICATION AS TO THE PERFORMANCE OF SUCH SERVICE AND IT IS NOT OTHERWISE ESTABLISHED, THERE IS NO AUTHORITY TO MAKE PAYMENT THEREFOR.

DECISION BY COMPTROLLER GENERAL MCCARL, FEBRUARY 27, 1926:

THERE IS BEFORE THIS OFFICE FOR CONSIDERATION THE CLAIM OF MR. D. V. RIVENBURGH, FORMERLY AN EMPLOYEE OF THE BUREAU OF THE CENSUS AT YONKERS, N.Y., IN THE AMOUNT OF $143.62, REPRESENTING SALARY AND TRAVELING EXPENSES ALLEGED TO HAVE BEEN INCURRED DURING THE PERIOD MARCH 15 TO 31, 1925, UNDER AN APPOINTMENT AS ASSISTANT TO THE SUPERVISOR, SIXTH SUPERVISOR'S DISTRICT OF NEW YORK, AGRICULTURAL CENSUS OF 1925, UNDER AN APPOINTMENT DATED DECEMBER 11, 1924, READING AS FOLLOWS:

MR. DEXTER V. RIVENBURGH, OF NEW YORK, IS HEREBY APPOINTED A SPECIAL AGENT IN THE BUREAU OF THE CENSUS, AT A COMPENSATION OF FOUR AND 50/100 DOLLARS PER DIEM, EVERY DAY, THIS APPOINTMENT TO TAKE EFFECT DECEMBER 15, 1924, AND MAY BE TERMINATED AT ANY TIME BY THE DIRECTOR OF THE CENSUS.

PAYMENT OF THE COMPENSATION PROVIDED HEREIN IS SUBJECT TO THE OATH OF OFFICE BEING TAKEN.

CLAIMANT ENTERED ON DUTY DECEMBER 15, 1924, AND BY LETTER OF MARCH 30, 1925, RESIGNED HIS APPOINTMENT EFFECTIVE MARCH 31, 1925, THEREAFTER SUBMITTING TWO VOUCHERS AS THE BASIS OF THIS CLAIM, ONE FOR $72 REPRESENTING SALARY FROM MARCH 15 TO MARCH 31, 1925, AND THE OTHER FOR $71.62 REPRESENTING REIMBURSEMENT OF TRAVELING AND OTHER EXPENSES INCURRED DURING JANUARY, FEBRUARY, AND MARCH, 1925.

THE ADMINISTRATIVE OFFICE WITHHELD APPROVAL OF THE VOUCHERS AND CERTIFICATION THAT SERVICES WERE PERFORMED DURING THE PERIOD IN QUESTION FOR REASONS STATED AS FOLLOWS:

THE BUREAU'S FINAL DECISION NOT TO PAY THE AMOUNTS CLAIMED BY MR. RIVENBURGH WAS THE RESULT OF A CONSIDERATION OF THE FACTS IN THE CASE: THE NEGLIGIBLE AMOUNT OF WORK PERFORMED, AS INDICATED IN MR. RIVENBURGH'S STATEMENT OF MARCH 16 TO 31; MR. MORGAN'S STATEMENT THAT THE RESULTS OBTAINED FROM THE EMPLOYMENT OF MR. RIVENBURGH DID NOT WARRANT THE PAYMENT OF THE VOUCHERS; AND THE FACT THAT THE BUREAU HAD TO SEND ONE OF ITS REGULAR EMPLOYEES TO YONKERS TO ASSIST IN SECURING ENUMERATORS TO COMPLETE THE CENSUS.

IT ALSO APPEARS FROM THE CORRESPONDENCE IN THE FILE THAT VERY LITTLE SERVICE WAS RENDERED BY MR. RIVENBURGH AT ANY TIME DURING THE PERIOD DECEMBER 11, 1924, TO MARCH 15, 1925, FOR WHICH PAYMENT HAS BEEN MADE IN FULL.

THE RIGHT OF AN EMPLOYEE OF THE GOVERNMENT TO COMPENSATION IS DEPENDENT UPON THE RENDERING OF SERVICE, SUCH SERVICE GENERALLY BEING ESTABLISHED BY A CERTIFICATION BY THE ADMINISTRATIVE OFFICE CONCERNED AS TO THE FACTS, ON THE VOUCHER OR PAY ROLL ON WHICH PAYMENT IS TO BE MADE. IN THE INSTANT MATTER SUCH CERTIFICATION HAS NOT BEEN MADE, AND, THE PERFORMANCE OF THE SERVICE NOT BEING OTHERWISE ESTABLISHED, THERE IS NO AUTHORITY TO MAKE PAYMENT OF THE CLAIMS SUBMITTED.