A-16647, JANUARY 4, 1927, 6 COMP. GEN. 435

A-16647: Jan 4, 1927

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927: I HAVE YOUR LETTER DATED DECEMBER 10. MY DECISION IS REQUESTED WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT THEREON IN VIEW OF THE FACT THAT THE SAID CARETAKER IS ALSO PAID COMPENSATION COVERING THE SAME PERIOD AS SUPERINTENDENT OF THE ST. THIS EMPLOYEE HOLDS TWO POSITIONS UNDER THE GOVERNMENT FOR EACH OF WHICH IT IS PROPOSED TO PAY SEPARATE COMPENSATION. OR EMOLUMENTS ARE FIXED BY LAW OR REGULATIONS. UNLESS THE SAME IS AUTHORIZED BY LAW. THE APPROPRIATION THEREFOR EXPLICITLY STATES THAT IT IS FOR SUCH ADDITIONAL PAY. THE DISTRICT OF COLUMBIA: THE BUDGET DISCLOSES THAT SUPERINTENDENTS OF NATIONAL CEMETERIES ARE GRADED IN FOUR CLASSES. FOR POSITIONS IN THE DEPARTMENTAL SERVICES IN THE DISTRICT OF COLUMBIA THE FOLLOWING SUMS ARE APPROPRIATED.

A-16647, JANUARY 4, 1927, 6 COMP. GEN. 435

COMPENSATION, DOUBLE - TWO POSITIONS UNDER SAME DEPARTMENT AN EMPLOYEE MAY NOT BE PAID THE SALARY OF TWO SEPARATE AND DISTINCT POSITIONS IN THE SAME DEPARTMENT OR ESTABLISHMENT EVEN THOUGH THE COMBINED SALARIES THEREOF DO NOT EXCEED THE RATE OF $2,000 PER ANNUM.

COMPTROLLER GENERAL MCCARL TO SIDNEY E. SMITH, DISBURSING CLERK, WAR DEPARTMENT, JANUARY 4, 927:

I HAVE YOUR LETTER DATED DECEMBER 10, 1926, SUBMITTING A VOUCHER IN FAVOR OF L. L. DAVIS, AMOUNTING TO $60, FOR SERVICES RENDERED AS CARETAKER OF THE FORT MARION NATIONAL MONUMENT AT ST. AUGUSTINE, FLA., DURING THE MONTH OF NOVEMBER, 1926, AND MY DECISION IS REQUESTED WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT THEREON IN VIEW OF THE FACT THAT THE SAID CARETAKER IS ALSO PAID COMPENSATION COVERING THE SAME PERIOD AS SUPERINTENDENT OF THE ST. AUGUSTINE, FLA., NATIONAL CEMETERY, REFERENCE BEING MADE TO A DECISION OF THIS OFFICE DATED OCTOBER 28, 1926, A-15186.

THIS EMPLOYEE HOLDS TWO POSITIONS UNDER THE GOVERNMENT FOR EACH OF WHICH IT IS PROPOSED TO PAY SEPARATE COMPENSATION; ONE OUT OF THE APPROPRIATION "NATIONAL CEMETERIES," AND THE OTHER OUT OF THE APPROPRIATION "NATIONAL MONUMENTS," BOTH UNDER THE ADMINISTRATION OF THE QUARTERMASTER CORPS, WAR DEPARTMENT.

SECTION 1764, REVISED STATUTES, PROVIDES:

NO ALLOWANCE OR COMPENSATION SHALL BE MADE TO ANY OFFICER OR CLERK, BY REASON OF THE DISCHARGE OF DUTIES WHICH BELONG TO ANY OTHER OFFICER OR CLERK IN THE SAME OR ANY OTHER DEPARTMENT; AND NO ALLOWANCE OR COMPENSATION SHALL BE MADE FOR ANY EXTRA SERVICES WHATEVER, WHICH ANY OFFICER OR CLERK MAY BE REQUIRED TO PERFORM, UNLESS EXPRESSLY AUTHORIZED BY LAW.

SECTION 1765, REVISED STATUTES, PROVIDES:

NO OFFICER IN ANY BRANCH OF THE PUBLIC SERVICE, OR ANY OTHER PERSON WHOSE SALARY, PAY, OR EMOLUMENTS ARE FIXED BY LAW OR REGULATIONS, SHALL RECEIVE ANY ADDITIONAL PAY, EXTRA ALLOWANCE, OR COMPENSATION, IN ANY FORM WHATEVER, FOR THE DISBURSEMENT OF PUBLIC MONEY, OR FOR ANY OTHER SERVICE OR DUTY WHATEVER, UNLESS THE SAME IS AUTHORIZED BY LAW, AND THE APPROPRIATION THEREFOR EXPLICITLY STATES THAT IT IS FOR SUCH ADDITIONAL PAY, EXTRA ALLOWANCE, OR COMPENSATION.

SECTION 6 OF THE ACT OF MAY 10, 1916, 39 STAT. 120, AS AMENDED BY THE ACT OF AUGUST 29, 1916, 39 STAT. 582, PROVIDES:

THAT UNLESS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW NO MONEY APPROPRIATED BY THIS OR ANY OTHER ACT SHALL BE AVAILABLE FOR PAYMENT TO ANY PERSON RECEIVING MORE THAN ONE SALARY WHEN THE COMBINED AMOUNT OF SAID SALARIES EXCEEDS THE SUM OF $2,000 PER ANNUM, BUT THIS SHALL NOT APPLY TO RETIRED OFFICERS OR ENLISTED MEN OF THE ARMY, NAVY, MARINE CORPS, OR COAST GUARD, OR TO OFFICERS AND ENLISTED MEN OF THE ORGANIZED MILITIA AND NAVAL MILITIA IN THE SEVERAL STATES, TERRITORIES, AND THE DISTRICT OF COLUMBIA:

THE BUDGET DISCLOSES THAT SUPERINTENDENTS OF NATIONAL CEMETERIES ARE GRADED IN FOUR CLASSES, WITH SALARIES ALLOCATED AS FOLLOWS:

CLASS 1, $1,260; CLASS 2, $1,200; CLASS 3, $1,140; CLASS 4, $1,080.

THIS CLASSIFICATION EVIDENTLY HAS BEEN EFFECTED IN ACCORDANCE WITH THE ACT OF DECEMBER 6, 1924, 43 STAT. 704, PROVIDING:

THAT TO ENABLE THE HEADS OF THE SEVERAL DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS TO ADJUST THE COMPENSATION OF CIVILIAN EMPLOYEES IN CERTAIN FIELD SERVICES TO CORRESPOND, SO FAR AS MAY BE PRACTICABLE, TO THE RATES ESTABLISHED BY THE CLASSIFICATION ACT OF 1923, FOR POSITIONS IN THE DEPARTMENTAL SERVICES IN THE DISTRICT OF COLUMBIA THE FOLLOWING SUMS ARE APPROPRIATED, OUT OF ANY MONEY IN THE TREASURY NOT OTHERWISE APPROPRIATED, FOR THE SERVICE OF THE FISCAL YEAR ENDING JUNE 30, 1925, NAMELY:

CEMETERIAL ACTIVITIES, QUARTERMASTER CORPS: FOR NATIONAL CEMETERIES * * *; FOR PAY OF SUPERINTENDENTS, $19,305; * * *

IT IS EVIDENT FROM THE FOREGOING SHOWING THAT THESE SUPERINTENDENTS NOW RECEIVE COMPENSATION THAT IS FIXED BY LAW, OR REGULATIONS AT LEAST. IT IS NOT DISCLOSED IN THE SUBMISSION WHAT SALARY DAVIS RECEIVES AS SUPERINTENDENT OF THE CEMETERY, OR WHETHER THE ENTIRE AMOUNT OF SAID SALARY, INCLUDING THE VALUE OF QUARTERS AND FUEL FURNISHED IN KIND, EXCEEDS THE RATE OF $1,280 PER ANNUM, SO THAT THE COMBINED SALARIES WOULD EXCEED THE RATE OF $2,000 PER ANNUM AND PAYMENT THEREOF BE PROHIBITED UNDER THE PROVISION IN THE ACT OF 1916, SUPRA. BUT BE THAT AS IT MAY, BOTH THESE POSITIONS ARE UNDER THE JURISDICTION OF THE QUARTERMASTER CORPS, WAR DEPARTMENT, AND THE FACT THAT IT IS PROPOSED TO PERMIT ONE PERSON TO HOLD BOTH POSITIONS EVIDENCES THEY ARE COMPATIBLE; THEREFORE IT MAY BE ASSUMED THAT THE HEAD OF THE DEPARTMENT COULD DIRECT THE PERFORMANCE OF THE ADDITIONAL DUTIES IN CONNECTION WITH THOSE OF SUPERINTENDENT. THIS BRINGS THE CASE SQUARELY WITHIN THE DECISION CITED OCTOBER 28, 1926, A-15186, IN WHICH IT WAS HELD, CITING 24 COMP. DEC. 350, THAT THE RIGHT TO SO EMPLOY AND PAY PERSONS THUS EMPLOYED IN THE SAME DEPARTMENT FOR EXTRA WORK, EVEN UNDER A SEPARATE APPOINTMENT, WAS NOT AUTHORIZED. PAYMENT TO THE SUPERINTENDENT OF ANY ADDITIONAL COMPENSATION FOR PERFORMING THE DUTIES OF CARETAKER WOULD BE IN CONTRAVENTION OF SECTION 1764, SUPRA.

ONE OF THE POINTS MADE IN THE ATTACHED ARGUMENT OF COL. F. H. POPE IS THE SAVING OBTAINED BY CONSOLIDATION OF THE DUTIES, BUT IT IS NOT APPARENT WHY IF SUCH DUTIES CAN BE THUS CONSOLIDATED, ADVANTAGE IS ONLY TAKEN OF BUT PART OF THE ECONOMY. THE QUESTION WHETHER THE ADDITION OF THE DUTIES OF CARETAKER OF THE MONUMENT TO THE POSITION OF SUPERINTENDENT OF THE CEMETERY WOULD JUSTIFY A REALLOCATION OF THE POSITION AND, HENCE, AN INCREASE IN THE SALARY THEREOF IS NOT FOR CONSIDERATION BY THIS OFFICE.

UPON THE FACTS AS UNDERSTOOD, I HAVE TO ADVISE THAT PAYMENT ON THE VOUCHER AS SUBMITTED IS NOT AUTHORIZED.