A-7540, MARCH 6, 1925, 4 COMP. GEN. 736

A-7540: Mar 6, 1925

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IS IN THE NATURE OF PAYMENT FOR EXTRA SERVICES AND PROHIBITED BY SECTIONS 1764 AND 1765. NOTWITHSTANDING THE SALARY OR PAY OF THE RESPECTIVE POSITIONS IS FIXED BY LAW OR REGULATION. THE EMPLOYMENT OF RURAL LETTER CARRIERS OR LABORERS IN THE POSTAL SERVICE AS SUBSTITUTE POST-OFFICE CLERKS OR SUBSTITUTE CITY LETTER CARRIERS IS PROHIBITED WHEN THE AGGREGATE RATES OF PAY OF THE TWO POSITIONS EXCEED $2. IRRESPECTIVE OF THE ACTUAL AMOUNT RECEIVED OR OF THE FACT THAT THE EMPLOYEE MAY HAVE BEEN IN A NONPAY STATUS AS REGARDS THE POSITION OF RURAL CARRIER OR LABORER. REVIEW WAS ALSO REQUESTED OF A DISALLOWANCE IN THE ACCOUNTS OF THE POSTMASTER AT TACOMA. THE DISALLOWANCE IN EACH CASE WAS BASED ON THE ACT OF MAY 10.

A-7540, MARCH 6, 1925, 4 COMP. GEN. 736

COMPENSATION, DOUBLE - POSTAL SERVICE EMPLOYEES THE PAYMENT TO VILLAGE CARRIERS OR TEMPORARY LABORERS IN THE POSTAL SERVICE OF ADDITIONAL COMPENSATION FOR SERVICES AS SUBSTITUTE POST OFFICE CLERKS, BOTH POSITIONS BEING IN THE SAME DEPARTMENT, IS IN THE NATURE OF PAYMENT FOR EXTRA SERVICES AND PROHIBITED BY SECTIONS 1764 AND 1765, REVISED STATUTES, NOTWITHSTANDING THE SALARY OR PAY OF THE RESPECTIVE POSITIONS IS FIXED BY LAW OR REGULATION. THE EMPLOYMENT OF RURAL LETTER CARRIERS OR LABORERS IN THE POSTAL SERVICE AS SUBSTITUTE POST-OFFICE CLERKS OR SUBSTITUTE CITY LETTER CARRIERS IS PROHIBITED WHEN THE AGGREGATE RATES OF PAY OF THE TWO POSITIONS EXCEED $2,000 PER ANNUM, IRRESPECTIVE OF THE ACTUAL AMOUNT RECEIVED OR OF THE FACT THAT THE EMPLOYEE MAY HAVE BEEN IN A NONPAY STATUS AS REGARDS THE POSITION OF RURAL CARRIER OR LABORER.

DECISION OF COMPTROLLER GENERAL MCCARL, MARCH 6, 1925:

THE POSTMASTER GENERAL APPLIED JANUARY 20, 1925, FOR REVIEW OF THE ACTION OF THIS OFFICE IN DISALLOWING CREDIT IN THE ACCOUNTS OF THE POSTMASTER AT CHERAW, S.C., FOR PAYMENTS AMOUNTING TO $223.80, MADE TO THOMAS A. BREWER, AND AMOUNTING TO $48.90, MADE TO DONOVAN MCMUNUS, FOR SERVICES PERFORMED BY THEM AS SUBSTITUTE CLERKS IN THE CHERAW POST OFFICE, BOTH OF THE EMPLOYEES BEING VILLAGE CARRIERS AT CHERAW. REVIEW WAS ALSO REQUESTED OF A DISALLOWANCE IN THE ACCOUNTS OF THE POSTMASTER AT TACOMA, WASH., OF CREDIT FOR $6.43, PAID TO ARCHIE M. ROBINSON, TEMPORARY LABORER IN THE TACOMA POST OFFICE, FOR SERVICES PERFORMED AS SUBSTITUTE CLERK.

THE DISALLOWANCE IN EACH CASE WAS BASED ON THE ACT OF MAY 10, 1916, 39 STAT. 120, AS AMENDED BY THE ACT OF AUGUST 29, 1916, ID. 582, WHICH PROHIBITS PAYMENT TO A PERSON RECEIVING MORE THAN ONE SALARY WHEN THE COMBINED AMOUNTS OF SUCH SALARIES EXCEED THE SUM OF $2,000 PER ANNUM, UNLESS SPECIALLY AUTHORIZED BY LAW.

IT HAS BEEN HELD UNIFORMLY THAT THE ACT CITED REFERS TO SALARIES AND NOT TO PAYMENTS OR AMOUNTS ACTUALLY RECEIVED, AND TO RATE OF THE COMBINED SALARIES RATHER THAN THE AGGREGATE AMOUNT RECEIVED DURING A YEAR, AND THAT NO PAYMENT OF A PART OF A SALARY IS AUTHORIZED IF THE WHOLE TAKEN WITH THE SALARY OF ANOTHER POSITION OR POSITIONS EXCEEDS THE LIMITATION FIXED BY THE STATUTE. 3 COMP. GEN. 260. IN OTHER WORDS, IF THE SALARIES OF THE POSITIONS, COMPUTED ON THE BASIS OF THE NUMBER OF HOURS PER DAY ORDINARILY WORKED, AND THE USUAL NUMBER OF DAYS PER ANNUM, AMOUNT TO MORE THAN $2,000, THE PROHIBITION IN THE ACT OF MAY 10, 1916, APPLIES.

IN THE LETTER REQUESTING REVIEW OF THE DISALLOWANCES THE POSTMASTER GENERAL REQUESTS DECISION WHETHER THE EMPLOYMENT OF VILLAGE CARRIERS AS SUBSTITUTE CLERKS IS AUTHORIZED WHEN THE COMBINED ACTUAL COMPENSATION RECEIVED IS NOT IN EXCESS OF $2,000 PER ANNUM. AS ALREADY POINTED OUT, WHETHER THE ACT OF MAY 10, 1916, APPLIES IS DETERMINED NOT BY THE ACTUAL AMOUNT RECEIVED BUT BY THE COMBINED AMOUNT OF SALARIES OF THE POSITIONS, AND IT MUST BE HELD THAT SUCH EMPLOYMENT IS NOT AUTHORIZED.

IN CASES IN WHICH THE COMBINED SALARIES DO NOT EXCEED THE RATE OF $2,000PER ANNUM THERE IS FOR CONSIDERATION SECTIONS 1764 AND 1765, REVISED STATUTES, WHICH PROVIDE THAT NO ALLOWANCE OR COMPENSATION SHALL BE MADE FOR ANY EXTRA SERVICES WHATEVER AND THAT NO PERSON WHOSE SALARY, PAY, OR EMOLUMENTS ARE FIXED BY LAW OR REGULATION SHALL RECEIVE ANY ADDITIONAL PAY FOR ANY OTHER SERVICE WHATEVER, UNLESS AUTHORIZED BY LAW. WHILE THE SALARY OF VILLAGE CARRIERS AND THE PAY OF SUBSTITUTE CLERKS ARE "FIXED BY LAW OR REGULATIONS," AS BOTH POSITIONS ARE UNDER THE SAME DEPARTMENT, THE SERVICE AS SUBSTITUTE CLERK RENDERED BY VILLAGE CARRIERS IS IN THE NATURE OF EXTRA SERVICE AND THEREFORE PROHIBITED. SEE 24 COMP. DEC. 350.

IT MUST BE HELD, THEREFORE, THAT THE DISALLOWANCES WERE CORRECT AS MADE AND THE ACTION HERETOFORE TAKEN IS ACCORDINGLY SUSTAINED.

THE POSTMASTER GENERAL ALSO REQUESTS DECISION WHETHER HE IS AUTHORIZED TO EMPLOY RURAL LETTER CARRIERS AND POST-OFFICE LABORERS AS SUBSTITUTE CLERKS AND SUBSTITUTE CITY LETTER CARRIERS WHEN THEY ARE IN A NONPAY STATUS AS RURAL LETTER CARRIERS OR LABORERS.

THE ACT OF MAY 10, 1916, IS DESIGNED TO PREVENT DUAL OFFICE HOLDING, USING THE PROHIBITION OF COMPENSATION AS A MEANS TO THAT END. IT IS HELD, THEREFORE, THAT SAID ACT APPLIES TO THE CASE PRESENTED BY THE POSTMASTER GENERAL, AND THAT THE EMPLOYMENT OF RURAL LETTER CARRIERS OR POST-OFFICE LABORERS AS SUBSTITUTE POST-OFFICE CLERKS AND SUBSTITUTE CITY LETTER CARRIERS WHEN IN A NONPAY STATUS AS RURAL CARRIERS OR LABORERS IS NOT AUTHORIZED. DECISION OF APRIL 30, 1924, A-1504, TO THE SECRETARY OF THE TREASURY.