A-22574, MAY 2, 1928, 7 COMP. GEN. 690

A-22574: May 2, 1928

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IS NOT ENTITLED TO HIS REGULAR COMPENSATION FOR THE DAYS OF SUCH ATTENDANCE UNLESS ENTITLED TO AND GRANTED ANNUAL LEAVE THEREFOR. 1928: I HAVE YOUR LETTER OF APRIL 13. MAY BE PAID HIS REGULAR COMPENSATION FOR THE DAYS ON WHICH HE WAS ABSENT FROM HIS EMPLOYMENT IN ATTENDANCE UPON SESSIONS OF THE POLICE TRIAL BOARD OF THE DISTRICT OF COLUMBIA IN RESPONSE TO A SUMMONS ISSUED BY SAID BOARD. PROVIDES: WHEN ANY CLERK OR OTHER OFFICER OF THE UNITED STATES IS SENT AWAY FROM HIS PLACE OF BUSINESS AS A WITNESS FOR THE GOVERNMENT. EMPLOYEES RENDERING SUCH SERVICE ARE REGARDED AS IN A DUTY STATUS. ARE NOT APPLICABLE AND THE EMPLOYEES ARE NOT ENTITLED TO THEIR REGULAR COMPENSATION WHILE ABSENT FROM THEIR PLACE OF DUTY UNLESS ENTITLED TO AND GRANTED ANNUAL LEAVE FOR THE PURPOSE.

A-22574, MAY 2, 1928, 7 COMP. GEN. 690

COMPENSATION - GOVERNMENT EMPLOYEE AS WITNESS BEFORE DISTRICT OF COLUMBIA POLICE TRIAL BOARD AN EMPLOYEE OF THE BUREAU OF ENGRAVING AND PRINTING WHO, IN OBEDIENCE TO A SUMMONS, ATTENDED SESSIONS OF THE POLICE TRIAL BOARD OF THE DISTRICT OF COLUMBIA, IS NOT ENTITLED TO HIS REGULAR COMPENSATION FOR THE DAYS OF SUCH ATTENDANCE UNLESS ENTITLED TO AND GRANTED ANNUAL LEAVE THEREFOR.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, MAY 2, 1928:

I HAVE YOUR LETTER OF APRIL 13, 1928, REQUESTING DECISION WHETHER MR. RALPH ROBEY, A PLATE PRINTER, EMPLOYED IN THE BUREAU OF ENGRAVING AND PRINTING, MAY BE PAID HIS REGULAR COMPENSATION FOR THE DAYS ON WHICH HE WAS ABSENT FROM HIS EMPLOYMENT IN ATTENDANCE UPON SESSIONS OF THE POLICE TRIAL BOARD OF THE DISTRICT OF COLUMBIA IN RESPONSE TO A SUMMONS ISSUED BY SAID BOARD.

SECTION 850, REVISED STATUTES, PROVIDES:

WHEN ANY CLERK OR OTHER OFFICER OF THE UNITED STATES IS SENT AWAY FROM HIS PLACE OF BUSINESS AS A WITNESS FOR THE GOVERNMENT, HIS NECESSARY EXPENSES, STATED IN ITEMS AND SWORN TO, IN GOING, RETURNING, AND ATTENDANCE ON THE COURT, SHALL BE AUDITED AND PAID; BUT NO MILEAGE OR OTHER COMPENSATION IN ADDITION TO HIS SALARY, SHALL IN ANY CASE BE ALLOWED.

EMPLOYEES RENDERING SUCH SERVICE ARE REGARDED AS IN A DUTY STATUS. HAS BEEN HELD, HOWEVER, THAT WHEN GOVERNMENT EMPLOYEES APPEAR AS WITNESSES IN PROCEEDINGS CONDUCTED IN THE NAME OF THE DISTRICT OF COLUMBIA, THE PROVISIONS OF SECTION 850, REVISED STATUTES, ARE NOT APPLICABLE AND THE EMPLOYEES ARE NOT ENTITLED TO THEIR REGULAR COMPENSATION WHILE ABSENT FROM THEIR PLACE OF DUTY UNLESS ENTITLED TO AND GRANTED ANNUAL LEAVE FOR THE PURPOSE. SEE 4 COMP. GEN. 91.

THE PRINCIPLE OF THE DECISION CITED IS FOR APPLICATION TO THE QUESTION PRESENTED IN YOUR LETTER. THE EMPLOYEE WAS A WITNESS IN A PROCEEDING CONDUCTED BY A QUASI JUDICIAL BODY IN THE NAME OF THE DISTRICT OF COLUMBIA. THE EMPLOYEE WAS NOT ATTENDING A FEDERAL COURT ON OFFICIAL BUSINESS OF THE UNITED STATES, AND, THEREFORE, IS NOT ENTITLED TO PAY FOR THE TIME ABSENT FROM DUTY UNLESS ENTITLED TO AND GRANTED LEAVE THEREFOR.