A-18127, MAY 11, 1927, 6 COMP. GEN. 732

A-18127: May 11, 1927

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COMPENSATION - DOUBLE AN EMPLOYEE OF THE DEPARTMENT OF STATE RECEIVING AN ANNUAL SALARY IS PROHIBITED BY SECTIONS 1764 AND 1765. FROM RECEIVING ANY EXTRA COMPENSATION FOR SERVICES RENDERED THE PUBLIC HEALTH SERVICE AFTER OFFICE HOURS WHERE SUCH ADDITIONAL COMPENSATION WAS NOT FIXED IN ADVANCE BY LAW OR REGULATION. WHEREIN CREDIT WAS DISALLOWED IN THE ACCOUNTS OF J. CREDIT WAS DISALLOWED FOR THE PAYMENT AS BEING IN CONTRAVENTION OF SECTION 1765. 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. IT IS TRUE. DOES NOT PROHIBIT THE HOLDING OF TWO COMPATIBLE POSITIONS THE DUTIES OF WHICH ARE SEPARATE AND DISTINCT AND WHERE THE SALARY OR COMPENSATION OF EACH IS FIXED BY LAW OR REGULATION.

A-18127, MAY 11, 1927, 6 COMP. GEN. 732

COMPENSATION - DOUBLE AN EMPLOYEE OF THE DEPARTMENT OF STATE RECEIVING AN ANNUAL SALARY IS PROHIBITED BY SECTIONS 1764 AND 1765, REVISED STATUTES, FROM RECEIVING ANY EXTRA COMPENSATION FOR SERVICES RENDERED THE PUBLIC HEALTH SERVICE AFTER OFFICE HOURS WHERE SUCH ADDITIONAL COMPENSATION WAS NOT FIXED IN ADVANCE BY LAW OR REGULATION.

DECISION BY COMPTROLLER GENERAL MCCARL, MAY 11, 1927:

REVIEW HAS BEEN REQUESTED OF SETTLEMENT C-45891-T, DATED JANUARY 7, 1927, WHEREIN CREDIT WAS DISALLOWED IN THE ACCOUNTS OF J. L. SUMMERS, DISBURSING CLERK, TREASURY DEPARTMENT, FOR THE PAYMENT OF $10 MADE MARCH 8, 1926, TO PHYLLIS MOLONY, AN EMPLOYEE OF THE AMERICAN CONSULATE AT SOUTHAMPTON, ENGLAND, AS COMPENSATION FOR WORK PERFORMED FOR THE PUBLIC HEALTH SERVICE OUTSIDE OF HER REGULAR WORKING HOURS. CREDIT WAS DISALLOWED FOR THE PAYMENT AS BEING IN CONTRAVENTION OF SECTION 1765, REVISED STATUTES.

SECTIONS 1764 AND 1765 OF THE REVISED STATUTES PROVIDE, RESPECTIVELY, AS FOLLOWS:

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.

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.

IT IS TRUE, AS STATED IN THE REQUEST FOR REVIEW, THAT SECTION 1765, REVISED STATUTES, DOES NOT PROHIBIT THE HOLDING OF TWO COMPATIBLE POSITIONS THE DUTIES OF WHICH ARE SEPARATE AND DISTINCT AND WHERE THE SALARY OR COMPENSATION OF EACH IS FIXED BY LAW OR REGULATION. BUT IN THE PRESENT CASE IT DOES NOT APPEAR THAT THE EXTRA COMPENSATION OF $10 PER MONTH CONSTITUTES COMPENSATION FIXED BY LAW OR REGULATION, AND THE APPROPRIATION FROM WHICH THE PAYMENT IN QUESTION WAS MADE--- ,PREVENTING THE SPREAD OF EPIDEMIC DISEASES, 1926"--- DOES NOT SPECIFICALLY PROVIDE FOR ADDITIONAL PAY, EXTRA ALLOWANCE OR COMPENSATION. THEREFORE THE PAYMENT WAS IN DIRECT CONTRAVENTION OF THE PLAIN TERMS OF THE STATUTES, SUPRA. SEE WOODWELL V. UNITED STATES, 214 U.S. 82; ALSO 20 COMP. DEC. 280; 21 ID. 436; AND DECISION OF DECEMBER 5, 1921, TO THE SECRETARY OF THE TREASURY.