A-4006, AUGUST 6, 1924, 4 COMP. GEN. 161

A-4006: Aug 6, 1924

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PAYMENT OF SALARY FOR SAID LEAVE PERIOD IS NOT AUTHORIZED. WHEREIN WAS DISALLOWED HER CLAIM FOR $72.83 AS SALARY ALLEGED TO BE DUE AS CLERK TO EXAMINER OF INHERITANCE. THE DISALLOWANCE WAS MADE UPON THE THEORY THAT THIS CLERK'S SERVICES AUTOMATICALLY TERMINATED DECEMBER 7. THE DATE THAT THE EXAMINER OF INHERITANCE TO WHOM SHE WAS CLERK WENT OUT OF OFFICE. ELLIOTT STATES: IT IS IMPORTANT THAT I CALL ATTENTION AT THIS TIME TO THE FACT THAT I ENTERED UPON THE DUTIES OF CLERK TO THE EXAMINER OF INHERITANCE UPON JUNE 1. WAS CONTINUOUSLY EMPLOYED IN THAT CAPACITY UNTIL THE DATE OF MY RESIGNATION OR UPON DECEMBER 31. THE EXAMINER OF INHERITANCE WAS THE "OFFICER IN CHARGE" AND THAT UPON DECEMBER 5.

A-4006, AUGUST 6, 1924, 4 COMP. GEN. 161

LEAVE OF ABSENCE - ANNUAL - INDIAN SERVICE EMPLOYEE A LEAVE OF ABSENCE WITH PAY GRANTED AN EMPLOYEE OF THE INDIAN FIELD SERVICE BY HER IMMEDIATE SUPERIOR OFFICER, EFFECTIVE ON THE DATE OF THE SUPERIOR OFFICER'S TERMINATION OF OFFICE, HAVING BEEN SUBSEQUENTLY DISAPPROVED BY THE COMMISSIONER OF INDIAN AFFAIRS, PAYMENT OF SALARY FOR SAID LEAVE PERIOD IS NOT AUTHORIZED, NO SERVICES HAVING BEEN PERFORMED.

DECISION BY COMPTROLLER GENERAL MCCARL, AUGUST 6, 1924:

MRS. ADA M. ELLIOTT, FORMERLY A CLERK TO THE EXAMINER OF INHERITANCE, YAKIMA, WASH., REQUESTED JULY 7, 1924, REVIEW OF SETTLEMENT NO. 019471, DATED JUNE 17, 1924, WHEREIN WAS DISALLOWED HER CLAIM FOR $72.83 AS SALARY ALLEGED TO BE DUE AS CLERK TO EXAMINER OF INHERITANCE, INDIAN AFFAIRS, YAKIMA, WASH., FROM DECEMBER 8 TO 31, 1923.

THE DISALLOWANCE WAS MADE UPON THE THEORY THAT THIS CLERK'S SERVICES AUTOMATICALLY TERMINATED DECEMBER 7, 1923, THE DATE THAT THE EXAMINER OF INHERITANCE TO WHOM SHE WAS CLERK WENT OUT OF OFFICE.

IN HER REQUEST FOR REVIEW MRS. ELLIOTT STATES:

IT IS IMPORTANT THAT I CALL ATTENTION AT THIS TIME TO THE FACT THAT I ENTERED UPON THE DUTIES OF CLERK TO THE EXAMINER OF INHERITANCE UPON JUNE 1, 1920, AND WAS CONTINUOUSLY EMPLOYED IN THAT CAPACITY UNTIL THE DATE OF MY RESIGNATION OR UPON DECEMBER 31, 1923.

THAT DURING THE YEAR 1923 I HAD EARNED 30 DAYS' ANNUAL LEAVE AND HAD UP UNTIL DECEMBER 7, 1923, TAKEN BUT 9 1/2 DAYS OF THIS LEAVE. * * *.

THAT STUART H. ELLIOTT, THE EXAMINER OF INHERITANCE WAS THE "OFFICER IN CHARGE" AND THAT UPON DECEMBER 5, 1923, HE GRANTED ME 19 DAYS ANNUAL LEAVE OR FROM DECEMBER 8, 1923, TO DECEMBER 31, 1923, AND REPORTED THIS TO THE INDIAN OFFICE ON THE FORM PRESCRIBED FOR THAT PURPOSE IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE INDIAN OFFICE. * * *.

I KNOW OF NO CLAUSE IN THESE RULES AND REGULATIONS WHICH SO APTLY FITS MY CASE EVEN IN THE LIGHT THAT THE INDIAN OFFICE HAS PLACED MY RESIGNATION. IN THIS CONNECTION ATTENTION IS INVITED TO THE FACT THAT I VOLUNTARILY SUBMITTED MY RESIGNATION TO TAKE EFFECT DECEMBER 31, 1923, AT THE EXPIRATION OF MY ANNUAL LEAVE THAT I HAD EARNED FOR THE CALENDAR YEAR 1923, AND THAT HAD I NOT RESIGNED I WOULD NO DOUBT HAVE BEEN ASSIGNED TO ANOTHER SIMILAR POSITION IN THE INDIAN FIELD SERVICE.

THE COMMISSIONER, BUREAU OF INDIAN AFFAIRS, ADDRESSED A LETTER TO MRS. ELLIOTT ON DECEMBER 20, 1923, AS FOLLOWS:

YOUR RESIGNATION DATED DECEMBER 10, 1923, FROM THE POSITION OF CLERK AT $900 A YEAR UNDER THE JURISDICTION OF STUART H. ELLIOTT, EXAMINER OF INHERITANCE, IS HEREBY ACCEPTED, EFFECTIVE AT THE CLOSE OF DECEMBER 7,1923. AS MR. ELLIOTT'S SERVICES IN THE INDIAN SERVICE TERMINATED THAT DATE YOU CAN NOT BE ALLOWED LEAVE UP TO DECEMBER 31, 1923.

ON MARCH 8, 1924, THE COMMISSIONER OF INDIAN AFFAIRS INFORMED THIS OFFICE AS FOLLOWS:

RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF FEBRUARY 23, 1924, INCLOSING THE CLAIM OF MRS. ADA M. ELLIOTT FOR SALARY AS STENOGRAPHER AT $900 A YEAR UNDER THE JURISDICTION OF STUART H. ELLIOTT, FORMER EXAMINER OF INHERITANCE.

IT IS NOTED THAT YOU REQUEST TO BE ADVISED OF THE DATE MR. ELLIOTT WAS APPOINTED AS EXAMINER OF INHERITANCE AND WHETHER OR NOT THE OFFICE OVER WHICH HE HAD CHARGE WAS DISCONTINUED THE DATE HIS BOND EXPIRED.

MR. ELLIOTT WAS APPOINTED EXAMINER OF INHERITANCE ON APRIL 13, 1914, AND CONTINUED IN THAT CAPACITY UP TO AND INCLUDING DECEMBER 7, 1923, THE DATE HIS SERVICES TERMINATED. HE WAS INSTRUCTED TO CLOSE HIS FINAL ACCOUNTS ON THAT DATE UNDER HIS BOND AND TO DEPOSIT ALL FUNDS TO HIS OFFICIAL CREDIT. AS HIS SERVICES AND HIS BOND TERMINATED ON DECEMBER 7, THE POSITION HELD BY MR. ELLIOTT EXPIRED ON THAT DATE.

UNDER DATE OF APRIL 5, 1924, THE SAME OFFICER STATED:

YOUR INQUIRY IS NOTED AS TO WHETHER THE OFFICE OVER WHICH MR. ELLIOTT HAD SUPERVISION WAS ABOLISHED AT THE TIME HIS SERVICES TERMINATED.

WHEN THE SERVICES OF AN EXAMINER OF INHERITANCE TERMINATE, HIS POSITION AND THOSE WHICH HAD BEEN AUTHORIZED UNDER HIS SUPERVISION AUTOMATICALLY CEASE. THEREFORE THIS OFFICE HOLDS THAT MR. ELLIOTT'S OFFICE WAS AUTOMATICALLY ABOLISHED. WITH REFERENCE TO THE QUESTION AS TO WHETHER MR. ELLIOTT HAD AUTHORITY TO GRANT LEAVE AND WHETHER THE LEAVE GRANTED BY HIM WAS SUBJECT TO THE APPROVAL OF THE CENTRAL OFFICE BEFORE IT BECAME EFFECTIVE, YOU ARE ADVISED THAT OFFICERS IN CHARGE HAVE AUTHORITY TO GRANT LEAVE OF ABSENCE TO EMPLOYEES UNDER THEIR JURISDICTION, BUT SUCH LEAVE IS ALWAYS SUBJECT TO THE APPROVAL OF THIS OFFICE AND LEAVE MAY BE TERMINATED WHEN SUCH ACTION SEEMS ADVISABLE.

ON MAY 19, 1924, THE COMMISSIONER WROTE:

ANSWERING YOUR FIRST INQUIRY AS TO WHETHER MR. ELLIOTT'S OFFICE AT YAKIMA, WASHINGTON, WAS ABOLISHED, YOU ARE ADVISED THAT EXAMINERS OF INHERITANCE IN THE INDIAN SERVICE ARE BONDED AS INDIVIDUALS AND THAT CERTAIN POSITIONS ARE AUTHORIZED UNDER THEIR SUPERVISION. USUALLY THESE POSITIONS CONSIST OF ONE CLERICAL POSITION AND ONE EMPLOYEE WHO DOES THE INTERPRETING. AFTER BEING GIVEN AN APPOINTMENT AS EXAMINER OF INHERITANCE IN THE INDIAN SERVICE AT LARGE THE EXAMINERS ARE ASSIGNED TO VARIOUS DISTRICTS, AND MR. ELLIOTT WAS ASSIGNED TO THE DISTRICT IN WHICH YAKIMA, WASHINGTON, WAS HIS HEADQUARTERS. THIS OFFICE MAINTAINS THAT WHEN MR. ELLIOTT'S SERVICES AS EXAMINER WERE TERMINATED HE WAS REQUIRED, UNDER THE RULES GOVERNING BONDED OFFICIALS, TO DEPOSIT ALL MONEYS TO THE CREDIT OF THE UNITED STATES. THE POSITIONS AUTHORIZED UNDER "STUART H. ELLIOTT, EXAMINER OF INHERITANCE," WOULD ALSO AUTOMATICALLY CEASE UPON THE DATE UPON WHICH HIS SERVICES TERMINATED UNDER THE BOND. VICTOR L. DODGE, EXAMINER OF INHERITANCE, IS NOW ASSIGNED TO THE DISTRICT IN WHICH MR. ELLIOTT PERFORMED SERVICE, BUT HE IS SERVING UNDER AN INDIVIDUAL APPOINTMENT AND BOND ISSUED TO HIM UNDER THE TITLE OF EXAMINER OF INHERITANCE IN THE INDIAN SERVICE AT LARGE. HE ALSO HAS CERTAIN POSITIONS AUTHORIZED UNDER HIM BY THE SECRETARY OF THE INTERIOR. THESE POSITIONS ARE PAYABLE ONLY BY HIM AND WILL CEASE WHEN HIS SERVICES TERMINATE UNDER HIS BOND.

REFERRING TO YOUR INQUIRY AS TO WHETHER THE LEAVE OF MRS. ELLIOTT WAS EVER DISAPPROVED BY THIS OFFICE, THE FOLLOWING IS QUOTED FROM HER LETTER OF FEBRUARY 6, 1924:

"UNDER DATE OF DECEMBER 27, 1923, THE INDIAN OFFICE FOR THE FIRST TIME INFORMS THE EXAMINER THAT:

AS YOUR SERVICES AS EXAMINER OF INHERITANCE TERMINATES DECEMBER 7, 1923, IT WILL BE NECESSARY FOR YOU TO CLOSE YOUR FINAL ACCOUNTS AS OF THAT DATE, DEPOSITING TO THE CREDIT OF THE UNITED STATES ALL FUNDS IN YOUR HANDS.

IN VIEW OF THIS FACT, NO LEAVE CAN BE ALLOWED MRS. ELLIOTT AFTER DECEMBER 7, AND HER RESIGNATION HAS BEEN ACCEPTED, EFFECTIVE THAT DATE.'

THE CIVIL SERVICE COMMISSION ADVISED THIS OFFICE ON JUNE 9, 1924, AS FOLLOWS:

IN COMPLIANCE WITH YOUR REQUEST OF JUNE 4, FOR INFORMATION AS TO THE FORMER SERVICE OF ADA M. ELLIOTT, EMPLOYED AS CLERK TO EXAMINER OF INHERITANCE AT YAKIMA, WASHINGTON, YOU ARE ADVISED THAT THE RECORDS SHOW SHE WAS APPOINTED AS AN INDIAN, WITHOUT COMPETITIVE EXAMINATION, UNDER SCHEDULE B, SUBDIVISION I, SECTION 1, TO THE POSITION OF ASSISTANT CLERK IN THE INDIAN SERVICE FEBRUARY 3, 1913, AND AFTERWARD PASSED A BOOKKEEPING EXAMINATION WITH AN AVERAGE OF 72.28. SHE DID NOT RECEIVE A CLASSIFIED COMPETITIVE STATUS, HOWEVER, AND RESIGNED AS ASSISTANT CLERK DECEMBER 7, 1923.

THE APPROPRIATION ACT OF JANUARY 24, 1923, 42 STAT. 1185, FROM WHICH IT IS PROPOSED TO PAY THIS CLAIM, PROVIDES:

FOR THE PURPOSE OF DETERMINING THE HEIRS OF DECEASED INDIAN ALLOTTEES HAVING RIGHT, TITLE, OR INTEREST IN ANY TRUST OR RESTRICTED PROPERTY, UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF THE INTERIOR, * * *.

THE RULE GOVERNING LEAVE OF ABSENCE OF EMPLOYEES OF THE INDIAN SERVICE PROVIDES THAT:

LEAVE OF ABSENCE WITH PAY CAN NOT BE CLAIMED AS A RIGHT, BUT MAY BE GRANTED NOT TO EXCEED THIRTY DAYS IN ANY CALENDAR YEAR. * * *

THE LEAVE WHICH HAD BEEN GRANTED THE CLAIMANT IN THIS CASE BY HER IMMEDIATE SUPERIOR WAS SUBJECT TO APPROVAL, DISAPPROVAL, OR MODIFICATION BY THE COMMISSIONER OF INDIAN AFFAIRS, AND THAT OFFICE DISAPPROVED ANY LEAVE SUBSEQUENT TO DECEMBER 7, 1923, THE DATE ON WHICH THE EXAMINER UNDER WHOM SHE WORKED WENT OUT OF OFFICE, AND LIKEWISE THE DATE UPON WHICH HER POSITION WAS (AUTOMATICALLY) ABOLISHED. CONSEQUENTLY, MRS. ELLIOTT IS NOT ENTITLED TO PAY FOR ANY PART OF THE PERIOD FROM DECEMBER 8 TO 31, 1923.