A-7970, MARCH 11, 1925, 4 COMP. GEN. 748

A-7970: Mar 11, 1925

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

LEAVE OF ABSENCE - TEMPORARY RURAL LETTER CARRIERS ACTING AS WITNESSES A TEMPORARY RURAL LETTER CARRIER IS NOT ENTITLED TO LEAVE OF ABSENCE WITH PAY WHILE ABSENT FROM DUTY TESTIFYING AS A WITNESS FOR THE GOVERNMENT BEFORE A GRAND JURY. IS ENTITLED TO RECEIVE THE USUAL WITNESS FEES AND MILEAGE AUTHORIZED BY LAW. 1925: I HAVE YOUR LETTER OF FEBRUARY 7. REQUESTING DECISION WHETHER LEAVE OF ABSENCE WITH PAY WAS AUTHORIZED TO BE GRANTED HARRY T. ON WHICH DAY HE WAS ABSENT FROM DUTY ACTING AS A WITNESS FOR THE GOVERNMENT BEFORE A GRAND JURY. SECTION 850 OF THE REVISED STATUTES PROVIDES AS FOLLOWS: WHEN ANY CLERK OR OTHER OFFICER OF THE UNITED STATES IS SENT AWAY FROM HIS PLACE OF BUSINESS AS A WITNESS FOR THE GOVERNMENT.

A-7970, MARCH 11, 1925, 4 COMP. GEN. 748

LEAVE OF ABSENCE - TEMPORARY RURAL LETTER CARRIERS ACTING AS WITNESSES A TEMPORARY RURAL LETTER CARRIER IS NOT ENTITLED TO LEAVE OF ABSENCE WITH PAY WHILE ABSENT FROM DUTY TESTIFYING AS A WITNESS FOR THE GOVERNMENT BEFORE A GRAND JURY, BUT IS ENTITLED TO RECEIVE THE USUAL WITNESS FEES AND MILEAGE AUTHORIZED BY LAW.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, MARCH 11, 1925:

I HAVE YOUR LETTER OF FEBRUARY 7, 1925, REQUESTING DECISION WHETHER LEAVE OF ABSENCE WITH PAY WAS AUTHORIZED TO BE GRANTED HARRY T. STEWART, A TEMPORARY RURAL LETTER CARRIER IN THE POSTAL SERVICE, FOR DECEMBER 16, 1924, ON WHICH DAY HE WAS ABSENT FROM DUTY ACTING AS A WITNESS FOR THE GOVERNMENT BEFORE A GRAND JURY.

SECTION 850 OF THE REVISED STATUTES PROVIDES AS FOLLOWS:

WHEN ANY CLERK OR OTHER OFFICER OF THE UNITED STATES IS SENT AWAY FROM HIS PLACE OF BUSINESS AS A WITNESS FOR THE GOVERNMENT, HIS NECESSARY EXPENSES STATED IN ITEMS AND SWORN TO, IN GOING, RETURNING, AND ATTENDANCE ON THE COURT, SHALL BE AUDITED AND PAID; BUT NO MILEAGE, OR OTHER COMPENSATION IN ADDITION TO HIS SALARY SHALL IN ANY CASE BE ALLOWED.

SECTION 734, POSTAL LAWS AND REGULATIONS, 1924, PROVIDES IN PART AS FOLLOWS:

A RURAL CARRIER SERVING IN COURT AS A WITNESS FOR THE GOVERNMENT * * * WILL BE ALLOWED LEAVE WITH PAY DURING THE PERIOD OF SUCH SERVICE IN ADDITION TO THE ANNUAL LEAVE TO WHICH HE IS OTHERWISE ENTITLED * * *.

SECTIONS 718 ET SEQ. OF THE POSTAL LAWS AND REGULATIONS, 1924, PROVIDE FOR REGULAR, SUBSTITUTE, AND TEMPORARY RURAL CARRIERS. THE DISTINCTION BETWEEN SUBSTITUTE AND TEMPORARY CARRIERS IS NOT VERY CLEARLY SHOWN, BUT YOU STATE THAT THE POSITION OF TEMPORARY CARRIER IS WITHOUT CIVIL-SERVICE STATUS, MAY BE TERMINATED AT WILL, AND THAT THE MATTER OF SELECTION OF PERSONS TO SERVE IN THAT CAPACITY IS LEFT TO THE POSTMASTERS. THE TEMPORARY CARRIERS ARE EMPLOYED TO TAKE THE PLACE OF THE REGULAR CARRIER ABSENT ON LEAVE OR DURING A VACANCY IN THE REGULAR POSITION, AND ARE PAID THE SAME RATES AS THE REGULAR CARRIER ONLY FOR THE ACTUAL TIME ON DUTY. THEY ARE ENTITLED TO NO LEAVE OF ABSENCE. THE ANNUAL APPROPRIATIONS FOR THE POSTAL SERVICE CONTAIN AN ITEM "FOR PAY OF RURAL CARRIERS, SUBSTITUTES FOR RURAL CARRIERS ON ANNUAL AND SICK LEAVE.' FOR THE PRESENT FISCAL YEAR, SEE ACT OF APRIL 4, 1924, 43 STAT. 89. THE AUTHORITY TO EMPLOY A SUBSTITUTE OR TEMPORARY CARRIER IS, THEREFORE, THE ABSENCE OF THE REGULAR CARRIER. THERE EXISTS NO AUTHORITY TO EMPLOY A TEMPORARY CARRIER BECAUSE OF THE ABSENCE OF ANOTHER TEMPORARY CARRIER SUBPOENAED TO TESTIFY IN BEHALF OF THE GOVERNMENT OR ABSENT FOR ANY OTHER REASON. THE EMPLOYMENT OF THE SECOND TEMPORARY CARRIER RELATES TO THE ABSENCE OF THE REGULAR CARRIER. THE FIRST TEMPORARY CARRIER, DURING HIS ABSENCE FOR ANY CAUSE, IS NOT AVAILABLE FOR EMPLOYMENT IN THE CAPACITY OF A TEMPORARY CARRIER AND THEREFORE CEASES TO BE "A CLERK OR OTHER OFFICER OF THE UNITED STATES" WITHIN THE MEANING OF SECTION 850, REVISED STATUTES, 25 COMP. DEC. 546. NOR WOULD THE TEMPORARY CARRIERS BE ENTITLED TO LEAVE OF ABSENCE WITH PAY UNDER SECTION 734, POSTAL LAWS AND REGULATIONS.

YOU ARE ADVISED, THEREFORE, THAT HARRY T. STEWART WAS NOT ENTITLED TO BE PAID FOR DECEMBER 16, 1924, AS A TEMPORARY RURAL CARRIER, BUT WAS ENTITLED TO RECEIVE THE USUAL WITNESS FEES AND MILEAGE AUTHORIZED BY LAW.