A-14069, MAY 4, 1926, 5 COMP. GEN. 891

A-14069: May 4, 1926

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

INCLOSING WITH REQUEST FOR DECISION WHETHER PAYMENT THEREON IS AUTHORIZED. AS A GENERAL PROPOSITION EMPLOYEES ON AN ANNUAL SALARY ARE NOT ENTITLED TO ANY ADDITIONAL PAY FOR OVERTIME WORK. THERE ARE FOR CONSIDERATION THE PARTICULAR STATUTES. AN APPROPRIATION FOR CARRYING OUT THE PROVISIONS OF THIS JOINT RESOLUTION WAS INCLUDED IN THE DEFICIENCY APPROPRIATION ACT OF MARCH 3. ON THE CERTIFICATE OF THE NATIONAL SESQUICENTENNIAL EXHIBITION COMMISSION THAT THE MATERIALS OR SERVICES WERE NECESSARY TO ENABLE THE UNITED STATES GOVERNMENT TO PARTICIPATE IN SAID EXPOSITION: PROVIDED. THE PAY ROLL SUBMITTED BY YOU CONTAINS A CERTIFICATE THAT "THESE SERVICES ARE NECESSARY TO ENABLE THE UNITED STATES GOVERNMENT TO PARTICIPATE IN THE NATIONAL SESQUICENTENNIAL EXPOSITION.'.

A-14069, MAY 4, 1926, 5 COMP. GEN. 891

COMPENSATION, ADDITIONAL - NATIONAL SESQUICENTENNIAL EXHIBITION COMMISSION UNDER THE PROVISIONS OF THE JOINT RESOLUTION OF MARCH 15, 1926, 44 STAT. 207, EMPLOYEES OF THE GOVERNMENT MAY BE PAID COMPENSATION IN ADDITION TO THEIR REGULAR COMPENSATION FOR WORK PERFORMED AFTER REGULAR OFFICE HOURS IN PREPARING EXHIBITS FOR THE NATIONAL SESQUICENTENNIAL EXPOSITION, UPON THE CERTIFICATION AS TO THE NECESSITY FOR SUCH WORK, NOTWITHSTANDING THE PROVISIONS OF SECTION 1765, REVISED STATUTES, AND THE ACT OF MAY 10, 1916, 39 STAT. 120, TO THE CONTRARY.

COMPTROLLER GENERAL MCCARL TO THE DISBURSING AGENT, NATIONAL SESQUICENTENNIAL EXHIBITION COMMISSION, MAY 4, 1926:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 21, 1926, INCLOSING WITH REQUEST FOR DECISION WHETHER PAYMENT THEREON IS AUTHORIZED, A PAY ROLL APPROVED BY ADMIRAL H. O. STICKNEY, COMMISSIONER OF THE SESQUICENTENNIAL EXHIBITION, FOR PAYMENT FROM THE APPROPRIATION "NATIONAL SESQUICENTENNIAL EXHIBITION, 1926-1927," COVERING OVERTIME SERVICES OF THREE EMPLOYEES REGULARLY EMPLOYED AND PAID BY THE NATIONAL MUSEUM AT ANNUAL SALARIES FROM THE APPROPRIATION FOR "PRESERVATION OF LLECTIONS.'

AS A GENERAL PROPOSITION EMPLOYEES ON AN ANNUAL SALARY ARE NOT ENTITLED TO ANY ADDITIONAL PAY FOR OVERTIME WORK, SUCH ADDITIONAL PAYMENT BEING PROHIBITED BY SECTION 1765, REVISED STATUTES. 2 COMP. GEN. 45; 3 ID. 733; 5 ID. 537. NOR MAY EMPLOYEES RECEIVE MORE THAN ONE SALARY IF THE COMBINED SALARIES EXCEED THE RATE OF $2,000 PER ANNUM. SEE ACT OF MAY 10, 1916, 39 STAT. 120. IN THE PRESENT CASE, HOWEVER, THERE ARE FOR CONSIDERATION THE PARTICULAR STATUTES, APPROPRIATIONS AND RESOLUTIONS OF CONGRESS PERTAINING TO THE SESQUICENTENNIAL EXHIBITION.

JOINT RESOLUTION OF FEBRUARY 26, 1926, 44 STAT. 133, AUTHORIZED THE PARTICIPATION OF THE UNITED STATES IN THE EXHIBITION IN QUESTION, AND AN APPROPRIATION FOR CARRYING OUT THE PROVISIONS OF THIS JOINT RESOLUTION WAS INCLUDED IN THE DEFICIENCY APPROPRIATION ACT OF MARCH 3, 1926, 44 STAT. 194. JOINT RESOLUTION OF MARCH 15, 1926, 44 STAT. 207, PROVIDED:

THAT THE APPROPRIATION MADE IN THE FIRST DEFICIENCY ACT, FISCAL YEAR 1926, TO ENABLE THE GOVERNMENT OF THE UNITED STATES TO PARTICIPATE IN THE NATIONAL SESQUICENTENNIAL EXPOSITION, MAY BE EXPENDED FOR THE PURPOSES ENUMERATED IN THAT ACT WITHOUT REGARD TO THE PROVISIONS OF ANY OTHER ACT RELATING TO THE EXPENDITURE OF PUBLIC MONEYS OR THE EMPLOYMENT OF PERSONAL SERVICES, ON THE CERTIFICATE OF THE NATIONAL SESQUICENTENNIAL EXHIBITION COMMISSION THAT THE MATERIALS OR SERVICES WERE NECESSARY TO ENABLE THE UNITED STATES GOVERNMENT TO PARTICIPATE IN SAID EXPOSITION: PROVIDED, THAT THIS AUTHORITY SHALL NOT BE CONSTRUED TO WAIVE THE SUBMISSION OF ACCOUNTS AND VOUCHERS TO THE GENERAL ACCOUNTING OFFICE FOR AUDIT.

THE PAY ROLL SUBMITTED BY YOU CONTAINS A CERTIFICATE THAT "THESE SERVICES ARE NECESSARY TO ENABLE THE UNITED STATES GOVERNMENT TO PARTICIPATE IN THE NATIONAL SESQUICENTENNIAL EXPOSITION.'

UNDER THE CIRCUMSTANCES, PAYMENT FOR THE SERVICES AS REPRESENTED UPON THE PAY ROLL, HEREWITH RETURNED, IS AUTHORIZED UNDER THE JOINT RESOLUTION OF MARCH 15, 1926, SUPRA. ..END :