A-69553, MARCH 21, 1936, 15 COMP. GEN. 828

A-69553: Mar 21, 1936

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OFFICERS AND EMPLOYEES - HOLDING TWO POSITIONS - COMPENSATION AND TRAVELING EXPENSES THE RECEIPT OF FEES FOR SERVICES RENDERED A GOVERNMENT AGENCY WHILE EMPLOYED BY ANOTHER SUCH AGENCY ON A PER ANNUM BASIS IS PROHIBITED BY SECTION 2 OF THE ACT OF JULY 31. SAID STATUTE IS NOT FOR APPLICATION TO REIMBURSEMENT OF TRAVELING EXPENSES INCURRED ON BEHALF OF THE GOVERNMENT WHILE SO EMPLOYED. WAS IN RECEIPT OF TWO SALARIES FROM THE FEDERAL GOVERNMENT. AS WILL SUFFICIENTLY APPEAR FROM THE ATTACHMENTS. HAVE BEEN PERFORMED INTERMITTENTLY AND OUTSIDE OF HIS OFFICE HOURS IN THE RESETTLEMENT ADMINISTRATION. HOLMAN'S CONDUCT IS IN VIOLATION OF THE ACT OF MAY 10. IS FOR DETERMINATION BY THE GENERAL ACCOUNTING OFFICE.

A-69553, MARCH 21, 1936, 15 COMP. GEN. 828

OFFICERS AND EMPLOYEES - HOLDING TWO POSITIONS - COMPENSATION AND TRAVELING EXPENSES THE RECEIPT OF FEES FOR SERVICES RENDERED A GOVERNMENT AGENCY WHILE EMPLOYED BY ANOTHER SUCH AGENCY ON A PER ANNUM BASIS IS PROHIBITED BY SECTION 2 OF THE ACT OF JULY 31, 1894, 28 STAT. 205, BUT SAID STATUTE IS NOT FOR APPLICATION TO REIMBURSEMENT OF TRAVELING EXPENSES INCURRED ON BEHALF OF THE GOVERNMENT WHILE SO EMPLOYED.

COMPTROLLER GENERAL MCCARL TO THE ADMINISTRATOR, RESETTLEMENT ADMINISTRATION, MARCH 21, 1936:

THERE HAS BEEN CONSIDERED YOUR LETTER OF DECEMBER 13, 1935, AS FOLLOWS:

IN ACCORDANCE WITH GENERAL ACCOUNTING OFFICE GENERAL REGULATIONS NO. 50, SUPPLEMENT NO. 1, I AM FORWARDING HEREWITH THE RECORD OF AN INVESTIGATION MADE BY THE RESETTLEMENT ADMINISTRATION, INVESTIGATION DIVISION, OF A COMPLAINT THAT MR. HENDERSON L. HOLMAN, JR., AN EMPLOYEE OF THE RESETTLEMENT ADMINISTRATION, WAS IN RECEIPT OF TWO SALARIES FROM THE FEDERAL GOVERNMENT. AS WILL SUFFICIENTLY APPEAR FROM THE ATTACHMENTS, MR. HOLMAN, WHILE IN THE EMPLOYMENT OF THE RESETTLEMENT ADMINISTRATION AS ADMINISTRATIVE ASSISTANT OF THE PEA RIVER PROJECT, AT OZARK, ALA., AT A SALARY OF $2,900 PER ANNUM, HAS RENDERED SERVICES ON A FEE BASIS FOR THE FEDERAL HOUSING ADMINISTRATION. MR. HOLMAN'S SERVICES CONSIST OF THE INSPECTION AND APPRAISING OF HOUSES, AND HAVE BEEN PERFORMED INTERMITTENTLY AND OUTSIDE OF HIS OFFICE HOURS IN THE RESETTLEMENT ADMINISTRATION. FOR SOME OF THESE SERVICES MR. HOLMAN HAS NOT AS YET RECEIVED PAYMENT FROM THE FEDERAL HOUSING ADMINISTRATION. WHETHER MR. HOLMAN'S CONDUCT IS IN VIOLATION OF THE ACT OF MAY 10, 1916, 36 STAT. 120, PROHIBITING DOUBLE COMPENSATION, IS FOR DETERMINATION BY THE GENERAL ACCOUNTING OFFICE. MR. HOLMAN HAS BEEN ADVISED BY THIS OFFICE THAT HIS CONDUCT IN RECEIVING FEES FROM THE FEDERAL HOUSING ADMINISTRATION, UNDER THE CIRCUMSTANCES OF HIS EMPLOYMENT, MAY CONSTITUTE A VIOLATION OF THE STATUTE, AND THAT HE SHOULD DISCONTINUE THE PRACTICE.

SECTION 2 OF THE ACT OF JULY 31, 1894, 28 STAT. 205, AS AMENDED PROVIDES:

* * * NO PERSON WHO HOLDS AN OFFICE THE SALARY OR ANNUAL COMPENSATION ATTACHED TO WHICH AMOUNTS TO THE SUM OF TWO THOUSAND FIVE HUNDRED DOLLARS SHALL BE APPOINTED TO OR HOLD ANY OTHER OFFICE TO WHICH COMPENSATION IS ATTACHED UNLESS SPECIALLY HERETOFORE OR HEREAFTER SPECIALLY AUTHORIZED THERETO BY LAW; * * *

AS MR. HOLMAN WAS EMPLOYED IN THE RESETTLEMENT ADMINISTRATION AT A SALARY OF $2,900 PER ANNUM AT THE TIME OF HIS EMPLOYMENT WITH THE FEDERAL HOUSING ADMINISTRATION, THE RECEIPT BY HIM OF FEES FOR SERVICES RENDERED THE FEDERAL HOUSING ADMINISTRATION IS PROHIBITED UNDER THE PROVISIONS OF THIS STATUTE. SEE 14 COMP. GEN. 822.

IT APPEARS THAT MR. HOLMAN TERMINATED HIS SERVICES WITH THE FEDERAL HOUSING ADMINISTRATION IN OCTOBER 1935. VOUCHERS IN THE ACCOUNTS OF G. F. ALLEN, CHIEF DISBURSING OFFICER, TREASURY DEPARTMENT, UNDER SYMBOL NO. CK- SYM-93-253, SHOW THAT FEES WERE PAID TO MR. HOLMAN AS FOLLOWS:

CHART

VOUCHER DATE PAID AMOUNT 1663537 ------------------------- JUNE 19, 1935 ---------------- $40 52450 --------------------------- JULY 11, 1935 ----- ----------- 50

TOTAL ----------------------------------------------- 90

ON VOUCHER 20313, NOVEMBER 1935, ACCOUNTS OF G. F. ALLEN, HOLMAN CLAIMED A FEE OF $10 FOR AN INSPECTION MADE ON SEPTEMBER 28, 1935, AND MILEAGE AT 4 CENTS PER MILE FOR 33 MILES, $1.32, FOR THE USE OF HIS PERSONALLY OWNED AUTOMOBILE IN CONNECTION WITH THIS INSPECTION. ON THIS VOUCHER HE WAS PAID $1.32, AND THERE WAS PAID TO THE TREASURER OF THE UNITED STATES THE SUM OF $10 TO EFFECT COLLECTION OF A DUPLICATE PAYMENT OF A FEE FOR INSPECTION MADE MAY 29, 1935, IN CASE NO. 04-035 000169, THE EMPLOYEE HAVING BEEN PAID FOR THIS INSPECTION ON EACH OF THE TWO VOUCHERS LISTED ABOVE. AS THE EMPLOYEE WAS NOT ENTITLED TO THE $10 FEE CLAIMED ON VOUCHER 20313, HE IS ENTITLED TO NO CREDIT ON THE DUPLICATE PAYMENT FOR THE $10 PAID INTO THE TREASURY.

WITH REFERENCE TO THE PAYMENT OF MILEAGE IN THE SUM OF $1.32, THE STATUTORY RESTRICTION, SUPRA, IS AGAINST THE HOLDING OF TWO OFFICES AND RECEIPT OF DOUBLE SALARY OR COMPENSATION FOR SERVICES RENDERED. PAYMENT OF TRAVELING EXPENSES IS A REIMBURSEMENT OF EXPENSES INCURRED ON BEHALF OF THE GOVERNMENT TO WHICH THE PROVISION OF THE STATUTE DOES NOT APPLY. APPEARING THAT THE TRAVEL IN HIS PERSONALLY OWNED AUTOMOBILE WAS PERFORMED UNDER PROPER ADMINISTRATIVE ORDERS, THE EMPLOYEE WAS ENTITLED TO REIMBURSEMENT ON A MILEAGE BASIS.

ACCORDINGLY, MR. HOLMAN SHOULD BE CALLED UPON TO REFUND THE SUM OF $90 AND UPON REFUNDMENT THE AMOUNT SHOULD BE DEPOSITED FOR COVERING INTO THE TREASURY TO THE CREDIT OF THE APPROPRIATION ACCOUNT "OX681 SALARIES AND EXPENSES, FEDERAL HOUSING ADMINISTRATION, ALLOCATION FROM R.F.C.'

IT IS REQUESTED THAT YOU ADVISE THIS OFFICE AS TO THE ACTION TAKEN BY YOU IN THE MATTER.