A-39343, NOVEMBER 14, 1931, 11 COMP. GEN. 187

A-39343: Nov 14, 1931

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CIVILIAN - COOPERATIVE EMPLOYEES - DEPARTMENT OF AGRICULTURE FEDERAL OFFICERS AND EMPLOYEES ONCE REGULARLY APPOINTED AND ON THE ROLLS OF THE DEPARTMENT OF AGRICULTURE WHO ARE DETAILED OR ASSIGNED TO COOPERATIVE WORK WITH STATES OR OTHER NON-FEDERAL AGENCIES UNDER AUTHORITY OF THE ACT OF JULY 24. WHETHER THEIR SALARIES ARE CONTRIBUTED AND/OR PAID IN WHOLE OR IN PART BY THE NON- FEDERAL AGENCIES. AS FOLLOWS: AMONG THE EMPLOYEES OF THE BUREAU OF ANIMAL INDUSTRY OF THIS DEPARTMENT ARE A NUMBER OF JUNIOR AND ASSISTANT VETERINARIANS AND VETERINARY INSPECTORS WHOSE CURRENT APPOINTMENTS. A TYPICAL CASE IS THAT OF RAYMOND L. BRINKMAN WAS REINSTATED IN THE BUREAU OF ANIMAL INDUSTRY JULY 16. WHEN HIS APPOINTMENT WAS READJUSTED FROM ASSISTANT VETERINARIAN AT $2.

A-39343, NOVEMBER 14, 1931, 11 COMP. GEN. 187

RETIREMENT, CIVILIAN - COOPERATIVE EMPLOYEES - DEPARTMENT OF AGRICULTURE FEDERAL OFFICERS AND EMPLOYEES ONCE REGULARLY APPOINTED AND ON THE ROLLS OF THE DEPARTMENT OF AGRICULTURE WHO ARE DETAILED OR ASSIGNED TO COOPERATIVE WORK WITH STATES OR OTHER NON-FEDERAL AGENCIES UNDER AUTHORITY OF THE ACT OF JULY 24, 1919, 41 STAT. 270, AND PROVISIONS IN ANNUAL APPROPRIATION ACTS, CONTINUE AS FEDERAL OFFICERS AND EMPLOYEES, WHETHER THEIR SALARIES ARE CONTRIBUTED AND/OR PAID IN WHOLE OR IN PART BY THE NON- FEDERAL AGENCIES, AND REMAIN SUBJECT TO THE PROVISIONS OF THE CIVIL RETIREMENT ACT REQUIRING DEDUCTIONS FROM THEIR SALARIES TO BE RECEIVED AND DEPOSITED TO THE CREDIT OF THE CIVIL SERVICE RETIREMENT AND DISABILITY FUND.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF AGRICULTURE, NOVEMBER 14, 1931:

CONSIDERATION HAS BEEN GIVEN YOUR LETTER OF OCTOBER 31, 1931, AS FOLLOWS:

AMONG THE EMPLOYEES OF THE BUREAU OF ANIMAL INDUSTRY OF THIS DEPARTMENT ARE A NUMBER OF JUNIOR AND ASSISTANT VETERINARIANS AND VETERINARY INSPECTORS WHOSE CURRENT APPOINTMENTS, MADE PURSUANT TO COOPERATIVE AGREEMENTS WITH STATES, PROVIDE FOR PAYMENT OF THE ENTIRE COMPENSATION BY THE COOPERATOR. A TYPICAL CASE IS THAT OF RAYMOND L. BRINKMAN AS FOLLOWS:

MR. RAYMOND L. BRINKMAN RECEIVED A PROBATIONARY APPOINTMENT AS VETERINARY INSPECTOR IN THE BUREAU OF ANIMAL INDUSTRY, JACKSON, MISSISSIPPI, JUNE 11, 1917, BY SELECTION FROM CIVIL SERVICE CERTIFICATE NO. 14030 DATED APRIL 6, 1917, AND SERVED CONTINUOUSLY AS VETERINARY INSPECTOR, JUNIOR VETERINARIAN AND ASSISTANT VETERINARIAN RECEIVING HIS ENTIRE SALARY FROM THE BUREAU OF ANIMAL INDUSTRY OF THIS DEPARTMENT TO THE TIME OF HIS RESIGNATION, AUGUST 5, 1925, HIS SALARY AT THAT TIME BEING $2,400 PER ANNUM. MR. BRINKMAN WAS REINSTATED IN THE BUREAU OF ANIMAL INDUSTRY JULY 16, 1926, BY CIVIL SERVICE REINSTATEMENT CERTIFICATE NO. 16293 DATED JULY 7, 1926, AND SERVED CONTINUOUSLY, HIS ENTIRE SALARY BEING PAID BY THE BUREAU UNTIL JANUARY 1, 1929, WHEN HIS APPOINTMENT WAS READJUSTED FROM ASSISTANT VETERINARIAN AT $2,800 PER ANNUM PAID BY THE BUREAU OF ANIMAL INDUSTRY TO ASSISTANT VETERINARIAN (COOPERATIVE) AT $3,000 PER ANNUM PAID BY THE FLORIDA LIVESTOCK SANITARY BOARD. IN RECOMMENDING THE READJUSTMENT IN MR. BRINKMAN'S APPOINTMENT THE BUREAU STATED,"THIS BUREAU AND THE FLORIDA LIVESTOCK SANITARY BOARD COOPERATE IN THE WORK OF ERADICATING CATTLE TICKS. THE LIVESTOCK SANITARY BOARD NOW HAS FUNDS AVAILABLE AND WISHES TO ASSUME THE PAYMENT OF DR. BRINKMAN'S SALARY AT THE RATE OF $3,000 PER ANNUM.' THIS APPOINTMENT WAS SUPPORTED BY A COOPERATIVE AGREEMENT BETWEEN THE BUREAU OF ANIMAL INDUSTRY AND THE STATE OF FLORIDA, COPY OF WHICH IS ATTACHED HERETO. SINCE JANUARY 1, 1929, THE DEPARTMENT HAS BEEN RECEIVING RETIREMENT DEDUCTIONS FROM MR. BRINKMAN'S PAY FOR DEPOSIT TO THE CREDIT OF THE CIVIL SERVICE RETIREMENT AND DISABILITY FUND. IF AT ANY TIME THE FLORIDA LIVESTOCK SANITARY BOARD WITHDREW FROM THE COOPERATIVE AGREEMENT, MR. BRINKMAN WOULD BE RESTORED TO THE FEDERAL PAY ROLL.

THIS PRACTICE SEEMS TO BE SANCTIONED BY 27 COMP. DEC. 59, AND 1 COMP. GEN. 371. SINCE HOWEVER, THE COMPLETE ASSUMPTION OF THE EMPLOYEE'S SALARY BY AN OUTSIDE AGENCY, WILL IF THE AGREEMENTS CONTINUE IN EFFECT, RUN ULTIMATELY INTO MORE EXTENDED PERIODS THAN HAVE APPARENTLY BEEN CONSIDERED BY YOU, IT IS DEEMED BEST TO BRING THE MATTER TO YOUR ATTENTION WITH REQUEST THAT YOU ADVISE WHETHER THERE IS OBJECTION TO THE PRACTICE FROM THE STANDPOINT OF THE RETIREMENT LEGISLATION.

THE MEMORANDUM OF AGREEMENT ACCOMPANYING YOUR LETTER PROVIDES IN PART AS FOLLOWS:

I. THE BUREAU OF ANIMAL INDUSTRY OF THE UNITED STATES DEPARTMENT OF AGRICULTURE AGREES:

1. TO DETAIL A COMPETENT VETERINARY INSPECTOR TO BE KNOWN AS THE INSPECTOR IN CHARGE OF TUBERCULOSIS ERADICATION WORK.

2. TO DETAIL ADDITIONAL VETERINARY INSTRUCTORS TO THE EXTENT OF THE FUNDS AVAILABLE, AS CIRCUMSTANCES RENDER ADVISABLE, SUCH INSPECTOR OR INSPECTORS TO DEVOTE THEIR WHOLE TIME TO THE WORK HEREIN PROVIDED FOR.

3. TO PAY THE SALARY OF SUCH BUREAU INSPECTOR OR INSPECTORS AND SUCH TRAVELING EXPENSES AS ARE INCURRED UNDER BUREAU INSTRUCTIONS AND AUTHORIZED BY THE FISCAL REGULATIONS OF THE UNITED STATES DEPARTMENT OF AGRICULTURE.

II. THE STATE VETERINARIAN OF THE STATE OF FLORIDA AGREES:

1. TO EMPLOY AND DETAIL ONE OR MORE VETERINARY INSPECTORS OR EQUIVALENT VETERINARY SERVICE TO TUBERCULOSIS ERADICATION WORK FOR EVERY VETERINARY INSPECTOR DETAILED BY THE BUREAU OF ANIMAL INDUSTRY TO THE SAME WORK.

UNDER THE TERMS OF THE COOPERATIVE AGREEMENT, ALONE, THE SALARY OF DOCTOR BRINKMAN WOULD HAVE BEEN REQUIRED TO BE PAID ENTIRELY BY THE BUREAU OF ANIMAL INDUSTRY. HOWEVER, IT IS UNDERSTOOD FROM YOUR STATEMENTS THAT PURSUANT TO A SUPPLEMENTAL AGREEMENT ENTERED INTO ON OR ABOUT JANUARY 1, 1929, THE STATE BOARD "ASSUMED THE PAYMENT OF DOCTOR BRINKMAN'S SALARY AT THE RATE OF $3,000 PER ANNUM.'

THE ACT OF JULY 24, 1919, 41 STAT. 270, PROVIDES AS FOLLOWS:

THAT HEREAFTER IN CARRYING ON THE ACTIVITIES OF THE DEPARTMENT OF AGRICULTURE INVOLVING COOPERATION WITH STATE, COUNTY AND MUNICIPAL AGENCIES, ASSOCIATIONS OF FARMERS, INDIVIDUAL FARMERS, UNIVERSITIES, COLLEGES, BOARDS OF TRADE, CHAMBERS OF COMMERCE, OR OTHER LOCAL ASSOCIATIONS OF BUSINESS MEN, BUSINESS ORGANIZATIONS, AND INDIVIDUALS WITHIN THE STATE, TERRITORY, DISTRICT OR INSULAR POSSESSION IN WHICH SUCH ACTIVITIES ARE TO BE CARRIED ON, MONEYS CONTRIBUTED FROM SUCH OUTSIDE SOURCES, EXCEPT IN THE CASE OF THE AUTHORIZED ACTIVITIES OF THE FOREST SERVICE, SHALL BE PAID ONLY THROUGH THE SECRETARY OF AGRICULTURE OR THROUGH STATE, COUNTY OR MUNICIPAL AGENCIES, OR LOCAL FARM BUREAUS OR LIKE ORGANIZATIONS, COOPERATING FOR THE PURPOSE WITH THE SECRETARY OF AGRICULTURE.

THE OFFICIALS AND THE EMPLOYEES OF THE DEPARTMENT OF AGRICULTURE ENGAGED IN THE ACTIVITIES DESCRIBED IN THE PRECEDING PARAGRAPH ARE PAID IN WHOLE OR IN PART OUT OF FUNDS CONTRIBUTED AS PROVIDED THEREIN, AND THE PERSON, CORPORATIONS, OR ASSOCIATIONS MAKING CONTRIBUTIONS AS THEREIN PROVIDED, SHALL NOT BE SUBJECT TO THE PROVISO CONTAINED IN THE ACT MAKING APPROPRIATIONS FOR THE LEGISLATIVE, EXECUTIVE, AND JUDICIAL EXPENSES OF THE GOVERNMENT, FOR THE FISCAL YEAR ENDING JUNE 30, 1918, AND FOR OTHER PURPOSES APPROVED MARCH 3, 1917, IN THIRTY-NINTH STATUTES AT LARGE, AT PAGE 1106; NOR SHALL ANY OFFICIAL OR EMPLOYEE ENGAGED IN THE COOPERATIVE ACTIVITIES OF THE FOREST SERVICE, OR THE PERSONS, CORPORATIONS, OR ASSOCIATIONS CONTRIBUTING TO SUCH ACTIVITIES BE SUBJECT TO THE SAID PROVISO.

THIS STATUTE NOT ONLY AUTHORIZES COOPERATIVE AGREEMENTS BETWEEN THE DEPARTMENT OF AGRICULTURE AND STATES AND OTHER AGENCIES SPECIFIED IN THE STATUTE, IN CARRYING OUT THE ACTIVITIES OF THE DEPARTMENT, BUT, ALSO, AUTHORIZES THE COMPENSATION OF THE FEDERAL OFFICERS AND EMPLOYEES TO BE PAID "IN WHOLE OR IN PART" OUT OF FUNDS CONTRIBUTED BY SUCH NON-FEDERAL AGENCIES, NOTWITHSTANDING THE PROVISIONS OF THE ACT OF MARCH 3, 1917, 39 STAT. 1106.

SUCH FEDERAL OFFICERS AND EMPLOYEES, ONCE REGULARLY APPOINTED AND ON THE ROLLS OF THE FEDERAL GOVERNMENT, WHO ARE DETAILED OR ASSIGNED TO COOPERATIVE WORK WITH STATES, ETC., UNDER AUTHORITY OF THIS STATUTE AND PROVISIONS IN ANNUAL APPROPRIATION ACTS, DO NOT LOSE THEIR FEDERAL OFFICES AND POSITIONS, NOR DOES THE STATUS OF PAYMENTS TO THEM FOR SERVICES RENDERED BECOME OTHER THAN THE SALARIES ATTACHING TO THEIR FEDERAL OFFICES AND POSITIONS WITHIN THE MEANING OF THE CIVIL RETIREMENT ACT, WHETHER THE AMOUNTS OF THEIR SALARIES ARE CONTRIBUTED AND/OR PAID IN WHOLE OR IN PART BY THE NON-FEDERAL AGENCIES SPECIFIED IN THE LAW. ACTION WAS PROPERLY TAKEN BY THE DEPARTMENT SINCE JANUARY 1, 1929, IN RECEIVING RETIREMENT DEDUCTIONS FROM THE SALARY OF DOCTOR BRINKMAN FOR DEPOSIT TO THE CREDIT OF THE CIVIL SERVICE RETIREMENT AND DISABILITY FUND.