A-44495, SEPTEMBER 16, 1932, 12 COMP. GEN. 359

A-44495: Sep 16, 1932

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DURING THE PERIOD SUCH EMPLOYEES ARE ON "LEGISLATIVE FURLOUGH LEAVE" OR "ADMINISTRATIVE FURLOUGH" RAISES THE FOLLOWING QUESTIONS: (1) WHEN AN OFFICER ATTENDS AS A WITNESS TO TESTIFY TO FACTS OFFICIALLY INVESTIGATED BY HIM. SUCH ATTENDANCE IS ON A DAY WHEN HE IS ON "LEGISLATIVE FURLOUGH LEAVE" SHOULD HE BE TREATED AS IN A DUTY STATUS. BE PAID THE STATUTORY FEES AND MILEAGE? (2) WHEN AN OFFICER OR EMPLOYEE IS SUBPOENAED AS A WITNESS FOR THE GOVERNMENT AND TESTIFIES TO FACTS WHICH WERE NOT OFFICIALLY INVESTIGATED BY HIM AND WITH WHICH HE HAS HAD NO OFFICIAL CONNECTION. DURING THE PERIOD HE IS ON "LEGISLATIVE FURLOUGH LEAVE. DURING THE PERIOD THEY ARE ON ENFORCED "ADMINISTRATIVE FURLOUGH? THAT IS.

A-44495, SEPTEMBER 16, 1932, 12 COMP. GEN. 359

ECONOMY ACT - GOVERNMENT EMPLOYEES AS WITNESSES WHEN ON LEGISLATIVE FURLOUGH GOVERNMENT EMPLOYEES SUBPOENAED TO ATTEND COURT AS WITNESSES WHILE ON LEGISLATIVE OR ADMINISTRATIVE FURLOUGH WITHOUT PAY MAY BE PAID THE USUAL WITNESS FEES AND MILEAGE IN ACCORDANCE WITH SECTION 3 OF THE ACT OF APRIL 26, 1926, 44 STAT. 324, AS TEMPORARILY AMENDED DURING THE FISCAL YEAR 1933 BY SECTION 323 OF THE ECONOMY ACT.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, SEPTEMBER 16, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF SEPTEMBER 3, 1932, AS FOLLOWS:

THE ATTENDANCE OF GOVERNMENT OFFICERS AND EMPLOYEES AS WITNESSES FOR THE GOVERNMENT, IN CASES PENDING IN THE UNITED STATES DISTRICT COURTS, DURING THE PERIOD SUCH EMPLOYEES ARE ON "LEGISLATIVE FURLOUGH LEAVE" OR "ADMINISTRATIVE FURLOUGH" RAISES THE FOLLOWING QUESTIONS:

(1) WHEN AN OFFICER ATTENDS AS A WITNESS TO TESTIFY TO FACTS OFFICIALLY INVESTIGATED BY HIM, AND SUCH ATTENDANCE IS ON A DAY WHEN HE IS ON "LEGISLATIVE FURLOUGH LEAVE" SHOULD HE BE TREATED AS IN A DUTY STATUS, AND PAID THE USUAL PER DIEM OF $5.00 AND TRAVELING EXPENSES, OR SHOULD HE BE TREATED AS IN A NONDUTY AND NONPAY STATUS, AND BE PAID THE STATUTORY FEES AND MILEAGE?

(2) WHEN AN OFFICER OR EMPLOYEE IS SUBPOENAED AS A WITNESS FOR THE GOVERNMENT AND TESTIFIES TO FACTS WHICH WERE NOT OFFICIALLY INVESTIGATED BY HIM AND WITH WHICH HE HAS HAD NO OFFICIAL CONNECTION, DURING THE PERIOD HE IS ON "LEGISLATIVE FURLOUGH LEAVE," SHOULD HE BE PAID HIS USUAL EXPENSES OF TRAVEL AND SUBSISTENCE, AS IN A DUTY STATUS, OR SHOULD HE BE PAID FEES AND MILEAGE?

(3) WHAT WOULD BE THE PROPER AMOUNTS, IF SUCH OFFICERS OR EMPLOYEES TESTIFY AS WITNESSES FOR THE GOVERNMENT, DURING THE PERIOD THEY ARE ON ENFORCED "ADMINISTRATIVE FURLOUGH?

AS IN EACH OF THE THREE CASES PRESENTED THE EMPLOYEES WOULD BE ON LEAVE WITHOUT PAY; THAT IS, IN A NONDUTY AND NONPAY STATUS, A SUBPOENA TO ATTEND COURT AS A WITNESS--- REGARDLESS OF WHERE OR HOW THEY LEARNED THE FACTS CONCERNING WHICH THEY ARE TO TESTIFY--- WOULD NOT OPERATE TO PLACE THEM IN A PAY STATUS, AND, ACCORDINGLY, THEY MAY BE PAID THE USUAL WITNESS FEES AND MILEAGE IN ACCORDANCE WITH SECTION 3 OF THE ACT OF APRIL 26, 1926, 44 STAT. 324, AS TEMPORARILY AMENDED, DURING THE FISCAL YEAR 1933, BY SECTION 323 OF THE ECONOMY ACT, 47 STAT. 413. SEE 10 COMP. GEN. 329.