A-22787, MAY 26, 1928, 7 COMP. GEN. 754

A-22787: May 26, 1928

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JURORS - GOVERNMENT EMPLOYEES SERVING ON FEDERAL GRAND JURIES - LEAVE OF ABSENCE AN EMPLOYEE OF THE UNITED STATES GOVERNMENT IS NOT QUALIFIED TO SERVE AS A MEMBER OF A FEDERAL GRAND JURY. CIVILIAN EMPLOYEES OF THE UNITED STATES GOVERNMENT WHO ARE SUMMONED TO SERVE ON A FEDERAL GRAND JURY ARE NOT ENTITLED TO COMPENSATION FOR THE TIME SO ABSENT FROM DUTY. EXCEPT SO FAR AS THEY MAY BE ENTITLED TO LEAVE OF ABSENCE WITH PAY AND THEIR ABSENCE FROM DUTY IS CHARGED TO SUCH LEAVE. 1928: I HAVE YOUR LETTER OF MAY 1. TO COVER THE PERIOD HE WAS REQUIRED TO SERVE ON THE FEDERAL GRAND JURY AT TOPEKA. THAT THE EMPLOYEE HAS SERVED ON A FEDERAL GRAND JURY AND IT IS PROPOSED TO NOW PAY HIM HIS REGULAR SALARY FOR THE TIME SO SERVING.

A-22787, MAY 26, 1928, 7 COMP. GEN. 754

JURORS - GOVERNMENT EMPLOYEES SERVING ON FEDERAL GRAND JURIES - LEAVE OF ABSENCE AN EMPLOYEE OF THE UNITED STATES GOVERNMENT IS NOT QUALIFIED TO SERVE AS A MEMBER OF A FEDERAL GRAND JURY. UNITED STATES V. GRIFFITH ET AL., 2 FED.REP. (2D), 925. CIVILIAN EMPLOYEES OF THE UNITED STATES GOVERNMENT WHO ARE SUMMONED TO SERVE ON A FEDERAL GRAND JURY ARE NOT ENTITLED TO COMPENSATION FOR THE TIME SO ABSENT FROM DUTY, EXCEPT SO FAR AS THEY MAY BE ENTITLED TO LEAVE OF ABSENCE WITH PAY AND THEIR ABSENCE FROM DUTY IS CHARGED TO SUCH LEAVE.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, MAY 26, 1928:

I HAVE YOUR LETTER OF MAY 1, 1928, AS FOLLOWS:

THIS DEPARTMENT HAS UNDER CONSIDERATION THE MATTER OF GRANTING LEAVE TO RURAL CARRIER EDWARD D. BRADSHAW, OF LENEXA, KANSAS, TO COVER THE PERIOD HE WAS REQUIRED TO SERVE ON THE FEDERAL GRAND JURY AT TOPEKA, KANSAS, AND IN CONNECTION THEREWITH THE QUESTION ARISES AS TO WHETHER THE CARRIER, IF GRANTED ANNUAL LEAVE WITH PAY TO COVER HIS ABSENCE FROM DUTY, WOULD BE ENTITLED TO RECEIVE THE REGULAR FEE FOR GRAND JURY SERVICE.

THE PAYMENT OF THE STATUTORY FEES TO GRAND AND PETIT JURORS FOR ATTENDANCE AT ANY COURT OR COURTS AND FOR THE TIME NECESSARILY OCCUPIED IN GOING TO AND RETURNING FROM THE SAME BEING UNDER THE JURISDICTION OF THE DEPARTMENT OF JUSTICE, DECISION AS TO THE RIGHT OF AN EMPLOYEE TO SUCH FEES MAY NOT PROPERLY BE RENDERED UPON YOUR SUBMISSION.

IT APPEARS, HOWEVER, FROM YOUR REQUEST, THAT THE EMPLOYEE HAS SERVED ON A FEDERAL GRAND JURY AND IT IS PROPOSED TO NOW PAY HIM HIS REGULAR SALARY FOR THE TIME SO SERVING, CHARGING THE TIME TO HIS REGULAR ANNUAL LEAVE. THERE WOULD APPEAR TO BE NO LEGAL OBJECTION TO SUCH PROCEDURE, IT BEING UNDERSTOOD, HOWEVER, THAT THERE IS NO AUTHORITY OF LAW FOR GRANTING ADDITIONAL LEAVE OF ABSENCE IN EXCESS OF THE AUTHORIZED ANNUAL LEAVE FOR THE PURPOSE OF JURY DUTY. 2 COMP. GEN. 448. THE FACT THAT THE EMPLOYEE MAY HAVE RECEIVED THE CUSTOMARY FEES OR ALLOWANCES FOR THE JURY DUTY WOULD NOT PRECLUDE PAYMENT TO HIM OF HIS REGULAR SALARY AS A POSTAL EMPLOYEE FOR THE PERIOD OF HIS ABSENCE ON SUCH DUTY IF SUCH PERIOD IS COVERED BY ANNUAL LEAVE REGULARLY AND LEGALLY GRANTED.

IN THIS CONNECTION YOUR ATTENTION IS INVITED TO A DECISION OF THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA, RENDERED DECEMBER 1, 1924, UNITED STATES V. GRIFFITH ET AL., 2 FED.REP. (2D), 925, IN WHICH IT WAS HELD THAT AN EMPLOYEE OF THE UNITED STATES GOVERNMENT WAS NOT QUALIFIED TO SERVE AS A MEMBER OF A FEDERAL GRAND JURY. IT IS SUGGESTED, THEREFORE, THAT IF THE EMPLOYEE SUMMONED TO SERVE ON A FEDERAL GRAND JURY WOULD MAKE KNOWN THE FACT OF HIS FEDERAL EMPLOYMENT, THE COURT MIGHT EXCUSE HIM FROM JURY DUTY.