A-43782, AUGUST 10, 1932, 12 COMP. GEN. 226

A-43782: Aug 10, 1932

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ECONOMY ACT - BAILIFFS AND TEMPORARY LABORERS TEMPORARY LABORERS AT $4 A DAY AND BAILIFFS AT $4.50 A DAY ARE WITHIN THE DEFINITION OF OFFICERS AND EMPLOYEES IN SECTION 104 (A) OF THE ECONOMY ACT. AS THEIR DAILY COMPENSATION IS AT A RATE IN EXCESS OF $1. AS FOLLOWS: YOUR DECISION IS RESPECTFULLY REQUESTED AS TO WHETHER THE COMPENSATION OF THE EMPLOYEES NAMED BELOW IS SUBJECT TO THE DEDUCTION OF 8 1/3 PERCENT. THESE LABORERS ARE EMPLOYED FOR THE PURPOSE OF ASSISTING THE MARSHALS IN DESTROYING LIQUORS AND ARTICLES WHICH ARE SEIZED AND CONDEMNED UNDER THE PROVISIONS OF THE NATIONAL PROHIBITION ACT AND THE INTERNAL REVENUE LAWS. (B) BAILIFFS WHO ARE EMPLOYED BY THE UNITED STATES MARSHAL. ARE APPOINTED FOR SUCH DAYS AS THEY ATTEND UPON THE COURT WHEN ACTUALLY IN SESSION AND THE JUDGE PRESENT AND PRESIDING.

A-43782, AUGUST 10, 1932, 12 COMP. GEN. 226

ECONOMY ACT - BAILIFFS AND TEMPORARY LABORERS TEMPORARY LABORERS AT $4 A DAY AND BAILIFFS AT $4.50 A DAY ARE WITHIN THE DEFINITION OF OFFICERS AND EMPLOYEES IN SECTION 104 (A) OF THE ECONOMY ACT, AND AS THEIR DAILY COMPENSATION IS AT A RATE IN EXCESS OF $1,000 PER ANNUM IT MUST BE REDUCED BY 8 1/3 PERCENT.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, AUGUST 10, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 30, 1932, AS FOLLOWS:

YOUR DECISION IS RESPECTFULLY REQUESTED AS TO WHETHER THE COMPENSATION OF THE EMPLOYEES NAMED BELOW IS SUBJECT TO THE DEDUCTION OF 8 1/3 PERCENT, UNDER THE ECONOMY ACT:

(A) TEMPORARY LABORERS EMPLOYED BY THE UNITED STATES MARSHALS, UPON AUTHORIZATION BY THE DEPARTMENT, WITH COMPENSATION AT A RATE OF APPROXIMATELY $4.00 PER DAY EACH. THESE LABORERS ARE EMPLOYED FOR THE PURPOSE OF ASSISTING THE MARSHALS IN DESTROYING LIQUORS AND ARTICLES WHICH ARE SEIZED AND CONDEMNED UNDER THE PROVISIONS OF THE NATIONAL PROHIBITION ACT AND THE INTERNAL REVENUE LAWS.

(B) BAILIFFS WHO ARE EMPLOYED BY THE UNITED STATES MARSHAL, AND ARE APPOINTED FOR SUCH DAYS AS THEY ATTEND UPON THE COURT WHEN ACTUALLY IN SESSION AND THE JUDGE PRESENT AND PRESIDING, OR PRESENT IN CHAMBERS (PAR. 892, BOOK OF INSTRUCTIONS, DATED OCTOBER 1, 1929). BY DEPARTMENTAL ORDER NO. 2298, DATED JULY (JUNE) 28, 1932, A COPY OF WHICH IS ENCLOSED HEREWITH, THE COMPENSATION OF BAILIFFS WAS REDUCED FROM $5.00 PER DAY TO $4.50 PER DAY.

AS THE TEMPORARY LABORERS AND BAILIFFS COME WITHIN THE DEFINITION OF OFFICERS AND EMPLOYEES IN SECTION 104 (A) OF THE ACT OF JUNE 30, 1932, 47 STAT. 400, AND THEIR DAILY COMPENSATION WHEN MULTIPLIED BY 307 AS REQUIRED BY SECTION 104 (C), GIVES AN ANNUAL RATE IN EXCESS OF $1,000, IT FOLLOWS THAT THESE EMPLOYEES ARE SUBJECT TO THE APPLICABLE PROVISIONS OF TITLE I OF THE ECONOMY ACT. IN VIEW OF THE NATURE AND PERIODS OF THEIR EMPLOYMENT, IT WOULD NOT APPEAR PRACTICABLE TO APPLY EITHER THE 5-DAY WEEK OR THE FURLOUGH PROVISIONS, AND ACCORDINGLY, UNDER THE AUTHORITY OF SECTION 105 (D) (6), 47 STAT. 401, THEIR COMPENSATION WOULD 12 COMP. GEN. 167.

IT IS NOTED THAT ORDER 2298, ISSUED JUNE 28, 1932, AND EFFECTIVE JULY 1, 1932, REDUCES THE PAY OF THE BAILIFFS FROM $5 TO $4.50 A DAY. AS THIS APPEARS TO BE AN ADMINISTRATIVE REDUCTION WITHOUT REGARD TO THE PROVISIONS OF THE ECONOMY ACT, THE 8 1/3 PERCENT REDUCTION REQUIRED BY THE ECONOMY ACT SHOULD BE DEDUCTED FROM THE $4.50 RATE SO PRESCRIBED AND BE IMPOUNDED.