A-31053, MARCH 27, 1930, 9 COMP. GEN. 416

A-31053: Mar 27, 1930

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1930: I HAVE YOUR LETTER OF MARCH 17. WAS REMOVED FOR MAKING FALSE OATH TO AN AFFIDAVIT IN CONNECTION WITH HIS APPLICATION FOR A CIVIL SERVICE EXAMINATION FOR APPOINTMENT AS SUCH LABORER. WILL YOU KINDLY ADVISE WHETHER THE OFFENSE WHICH CAUSED THE REMOVAL OF THIS EMPLOYEE CONSTITUTED AN OFFENSE WARRANTING THE FORFEITURE OF THE UNPAID SALARY DUE HIM AT THE TIME OF HIS REMOVAL? THIS OFFICE HAS HELD THAT IN DETERMINING WHETHER COMPENSATION OTHERWISE DUE AN EMPLOYEE FOR PERIODS PRIOR TO DISMISSAL FROM THE SERVICE IS FORFEITED. THE TEST TO BE APPLIED IS WHETHER THE CAUSE OF DISMISSAL IS SUCH AS TO HAVE CONSTITUTED A VIOLATION OF THE OATH OF OFFICE REQUIRED OF THE EMPLOYEE AND A BREACH OF THE CONTRACT TO RENDER FAITHFUL SERVICE.

A-31053, MARCH 27, 1930, 9 COMP. GEN. 416

COMPENSATION - FORFEITURE ON DISMISSAL THE MAKING, BY A LABORER EMPLOYED IN THE RAILWAY MAIL SERVICE, OF A FALSE OATH TO AN AFFIDAVIT IN CONNECTION WITH HIS APPLICATION FOR CIVIL SERVICE EXAMINATION FOR APPOINTMENT WHICH RESULTED IN HIS DISMISSAL, DOES NOT CONSTITUTE SUCH A VIOLATION OF HIS OATH OF OFFICE OR BREACH OF HIS CONTRACT OF EMPLOYMENT AS TO CAUSE A FORFEITURE OF COMPENSATION EARNED PRIOR TO DISMISSAL.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, MARCH 27, 1930:

I HAVE YOUR LETTER OF MARCH 17, 1930, AS FOLLOWS:

ON MARCH 5, 1930, ONE JOHN N. DASENT, A LABORER EMPLOYED IN THE RAILWAY MAIL SERVICE, WAS REMOVED FOR MAKING FALSE OATH TO AN AFFIDAVIT IN CONNECTION WITH HIS APPLICATION FOR A CIVIL SERVICE EXAMINATION FOR APPOINTMENT AS SUCH LABORER.

WILL YOU KINDLY ADVISE WHETHER THE OFFENSE WHICH CAUSED THE REMOVAL OF THIS EMPLOYEE CONSTITUTED AN OFFENSE WARRANTING THE FORFEITURE OF THE UNPAID SALARY DUE HIM AT THE TIME OF HIS REMOVAL?

THIS OFFICE HAS HELD THAT IN DETERMINING WHETHER COMPENSATION OTHERWISE DUE AN EMPLOYEE FOR PERIODS PRIOR TO DISMISSAL FROM THE SERVICE IS FORFEITED, THE TEST TO BE APPLIED IS WHETHER THE CAUSE OF DISMISSAL IS SUCH AS TO HAVE CONSTITUTED A VIOLATION OF THE OATH OF OFFICE REQUIRED OF THE EMPLOYEE AND A BREACH OF THE CONTRACT TO RENDER FAITHFUL SERVICE. COMP. GEN. 688; ID. 757; 8 ID. 443.

IN THE CASE PRESENTED IT APPEARS THAT THE OFFENSE FOR WHICH THE EMPLOYEE WAS DISMISSED FROM THE SERVICE WAS NOT CONNECTED WITH HIS OATH OF OFFICE OR THE DUTIES WHICH HE WAS CALLED UPON TO PERFORM THEREUNDER, BUT WAS COMMITTED BEFORE TAKING THE OATH OF OFFICE AND INVOLVED A VIOLATION OF CERTAIN CIVIL SERVICE RULES RELATIVE TO APPLICATIONS FOR APPOINTMENT.