A-16467, JANUARY 7, 1927, 6 COMP. GEN. 453

A-16467: Jan 7, 1927

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HIS OFFICIAL CONNECTION WITH THE BOARD AS BANK EXAMINER AUTOMATICALLY CEASED EFFECTIVE WITH THE NEW EMPLOYMENT AND HE IS NOT ENTITLED TO PAY FOR LEAVE GRANTED BY THE BOARD COVERING A PERIOD SUBSEQUENT TO HIS SEPARATION THEREFROM. 1927: THERE HAS BEEN RECEIVED FROM A COMMISSIONER OF THE BOARD A REQUEST FOR DECISION WHETHER PAYMENT IS AUTHORIZED TO WARD LOBDELL FOR THE PERIOD FROM OCTOBER 25 TO NOVEMBER 24. IN THE EVENT AN EMPLOYEE WHO HAS HAD THREE YEARS' CONTINUOUS SERVICE IN THE TREASURY DEPARTMENT AND WHOSE RECORD IS SUCH AS WOULD MAKE THE CASE MERITORIOUS IS SEPARATED FROM THE SERVICE. THE SECRETARY WILL CONSIDER AN APPLICATION FOR AN EXTENSION OF SUCH ALLOWANCE NOT TO EXCEED 30 DAYS.'.

A-16467, JANUARY 7, 1927, 6 COMP. GEN. 453

COMPENSATION - LEAVE OF ABSENCE - PRIVATE EMPLOYMENT WHERE A LAND-BANK EXAMINER IN THE SERVICE OF THE FEDERAL FARM LOAN BOARD BECAME AN EMPLOYEE OF A JOINT-STOCK LAND BANK, HIS OFFICIAL CONNECTION WITH THE BOARD AS BANK EXAMINER AUTOMATICALLY CEASED EFFECTIVE WITH THE NEW EMPLOYMENT AND HE IS NOT ENTITLED TO PAY FOR LEAVE GRANTED BY THE BOARD COVERING A PERIOD SUBSEQUENT TO HIS SEPARATION THEREFROM.

ASSISTANT COMPTROLLER GENERAL GINN TO THE CHAIRMAN, FEDERAL FARM LOAN BOARD, JANUARY 7, 1927:

THERE HAS BEEN RECEIVED FROM A COMMISSIONER OF THE BOARD A REQUEST FOR DECISION WHETHER PAYMENT IS AUTHORIZED TO WARD LOBDELL FOR THE PERIOD FROM OCTOBER 25 TO NOVEMBER 24, 1926, UNDER CONDITIONS SET FORTH AS FOLLOWS:

MR. WARD LOBDELL ENTERED THE SERVICE OF THE FEDERAL FARM LOAN BUREAU AS NATIONAL FARM-LOAN ASSOCIATION EXAMINER JUNE 25TH, 1923.

OCTOBER 25, 1926, MR. LOBDELL TENDERED HIS RESIGNATION TO TAKE EFFECT AT THE PLEASURE OF THE FARM LOAN BOARD, WITH REQUEST FOR ACCRUED LEAVE AS PROVIDED IN DEPARTMENT CIRCULAR NO. 202, DATED SEPTEMBER 28, 1921, PARAGRAPH 16, TIME AND LEAVE REGULATIONS, FIELD FORCES: "EMPLOYEES LEAVING THE SERVICE MAY BE ALLOWED ACCRUED LEAVE. IN THE EVENT AN EMPLOYEE WHO HAS HAD THREE YEARS' CONTINUOUS SERVICE IN THE TREASURY DEPARTMENT AND WHOSE RECORD IS SUCH AS WOULD MAKE THE CASE MERITORIOUS IS SEPARATED FROM THE SERVICE, THE SECRETARY WILL CONSIDER AN APPLICATION FOR AN EXTENSION OF SUCH ALLOWANCE NOT TO EXCEED 30 DAYS.'

WITH A VIEW TO GIVING MR. LOBDELL THE BENEFIT OF ADDITIONAL LEAVE, THE FARM LOAN BOARD TOOK THE FOLLOWING ACTION OCTOBER 26, 1926:

"UPON FURTHER MOTION, THE RESIGNATION OF MR. WARD LOBDELL AS NATIONAL FARM LOAN ASSOCIATION EXAMINER WAS ACCEPTED BY THE BOARD, EFFECTIVE AS OF THE CLOSE OF BUSINESS NOVEMBER 24TH, 1926.'

THREE DAYS' ANNUAL LEAVE TAKEN DURING CALENDAR YEAR 1926.

ON OCTOBER 25TH, 1926, HE ENTERED THE SERVICE OF ONE OF THE JOINT STOCK LAND BANKS OPERATING UNDER THE SUPERVISION OF THIS BUREAU AND HAS BEEN DRAWING PAY FROM THAT INSTITUTION. * * *

PARAGRAPH 7 OF SECTION 3 OF THE FEDERAL FARM LOAN ACT AS AMENDED BY THE ACT OF APRIL 20, 1920, 41 STAT. 570, PROVIDES THAT THE FEDERAL FARM LOAN BOARD SHALL APPOINT AS MANY LAND-BANK EXAMINERS AS IT SHALL DEEM NECESSARY WITH THE PROVISION THAT---

LAND BANK EXAMINERS APPOINTED UNDER THIS SECTION SHALL BE PUBLIC OFFICIALS AND SHALL, DURING THEIR CONTINUANCE IN OFFICE, HAVE NO CONNECTION WITH OR INTEREST IN ANY OTHER INSTITUTION, ASSOCIATION, OR PARTNERSHIP ENGAGED IN BANKING OR IN THE BUSINESS OF MAKING LAND MORTGAGE LOANS OR SELLING LAND MORTGAGES. * * *

THE STATUTORY PROHIBITION IS AGAINST LAND-BANK EXAMINERS "DURING THEIR CONTINUANCE IN OFFICE" HAVING ANY CONNECTION OR INTEREST IN ANY OTHER INSTITUTION, ASSOCIATION, OR PARTNERSHIP ENGAGED IN BANKING BUSINESS. ORDER TO BE ENTITLED TO PAY FOR THE PERIOD OF LEAVE OF ABSENCE PRIOR TO DATE ON WHICH THE RESIGNATION WAS TO BE EFFECTIVE, THE EMPLOYEE WOULD HAVE TO BE REGARDED AS CONTINUING IN OFFICE, AND CONTINUANCE IN OFFICE AFTER OCTOBER 25, 1926, THE DATE OF ENTERING ON DUTY AS AN EMPLOYEE OF A JOINT- STOCK LAND BANK IS IN CONTRAVENTION OF THE STATUTE.

YOU ARE ADVISED, THEREFORE, THAT THE RESIGNATION OF THE EMPLOYEE UNDER CONSIDERATION MUST BE HELD TO HAVE BECOME EFFECTIVE OCTOBER 25, 1926, AND THAT HIS RIGHT TO PAY TERMINATED ON THAT DATE.