A-29269, OCTOBER 25, 1929, 9 COMP. GEN. 168

A-29269: Oct 25, 1929

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COMPENSATION - TRAVELING EXPENSES - TEMPORARY EMPLOYEES AS WITNESSES BEFORE FEDERAL GRAND JURIES A TEMPORARY EMPLOYEE OF THE CIVIL SERVICE COMMISSION SUBPOENAED TO APPEAR TO TESTIFY ON BEHALF OF THE GOVERNMENT IS ENTITLED TO HIS REGULAR COMPENSATION FOR THE TIME NECESSARILY ABSENT FROM HIS REGULAR WORK. A TEMPORARY EMPLOYEE OF THE CIVIL SERVICE COMMISSION SUBPOENAED TO APPEAR TO TESTIFY ON BEHALF OF THE GOVERNMENT IS NOT ENTITLED TO WITNESS FEES OR MILEAGE. IS ENTITLED TO HIS NECESSARY EXPENSES. WHILE NECESSARILY AT THE PLACE WHERE THE JURY IS IN SESSION. 1929: I HAVE A LETTER SIGNED BY THE SECRETARY BY DIRECTION OF THE COMMISSION REQUESTING A RULING WHETHER A TEMPORARY EMPLOYEE ON THE ROLLS OF THE COMMISSION.

A-29269, OCTOBER 25, 1929, 9 COMP. GEN. 168

COMPENSATION - TRAVELING EXPENSES - TEMPORARY EMPLOYEES AS WITNESSES BEFORE FEDERAL GRAND JURIES A TEMPORARY EMPLOYEE OF THE CIVIL SERVICE COMMISSION SUBPOENAED TO APPEAR TO TESTIFY ON BEHALF OF THE GOVERNMENT IS ENTITLED TO HIS REGULAR COMPENSATION FOR THE TIME NECESSARILY ABSENT FROM HIS REGULAR WORK. A TEMPORARY EMPLOYEE OF THE CIVIL SERVICE COMMISSION SUBPOENAED TO APPEAR TO TESTIFY ON BEHALF OF THE GOVERNMENT IS NOT ENTITLED TO WITNESS FEES OR MILEAGE, BUT IS ENTITLED TO HIS NECESSARY EXPENSES, UNDER THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, IN GOING, RETURNING, AND WHILE NECESSARILY AT THE PLACE WHERE THE JURY IS IN SESSION.

COMPTROLLER GENERAL MCCARL TO THE PRESIDENT OF THE CIVIL SERVICE COMMISSION, OCTOBER 25, 1929:

I HAVE A LETTER SIGNED BY THE SECRETARY BY DIRECTION OF THE COMMISSION REQUESTING A RULING WHETHER A TEMPORARY EMPLOYEE ON THE ROLLS OF THE COMMISSION, WHO HAS BEEN SUBPOENAED TO APPEAR BEFORE A FEDERAL GRAND JURY, IS ENTITLED TO HIS SALARY DURING THE TIME THAT HE IS AWAY FROM HIS REGULAR WORK PURSUANT TO SUCH SUBPOENA.

IT IS STATED THAT THE EMPLOYEE'S APPEARANCE IS APPARENTLY IN CONNECTION WITH SOME CASES ON WHICH HE WORKED WHILE PREVIOUSLY EMPLOYED IN ANOTHER GOVERNMENT DEPARTMENT. IT HAS BEEN LEARNED INFORMALLY THAT THE EMPLOYEE IS TO TESTIFY ON BEHALF OF THE GOVERNMENT.

AN EMPLOYEE RENDERING SERVICE SUCH AS THIS IS TO BE REGARDED AS IN A DUTY STATUS, AS HIS ATTENDANCE IS ON OFFICIAL BUSINESS OF THE UNITED STATES. THEREFORE, HE IS ENTITLED TO PAY FOR THE TIME NECESSARILY ABSENT FROM HIS REGULAR DUTIES PURSUANT TO SUCH SUBPOENA THE SAME AS THOUGH HE WERE PERFORMING THE REGULAR DUTIES OF HIS POSITION UNDER THE COMMISSION. SEE 7 COMP. GEN. 690. HE IS NOT ENTITLED TO WITNESS FEES OR MILEAGE, BUT IS ENTITLED TO HIS NECESSARY EXPENSES, UNDER THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, IN GOING, RETURNING, AND WHILE NECESSARILY AT THE PLACE WHERE THE JURY IS IN SESSION. SEE SECTION 850, REVISED STATUTES.