A-8869, MAY 4, 1925, 4 COMP. GEN. 914

A-8869: May 4, 1925

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COMPENSATION - EMPLOYEES OF RECORDER OF DEEDS OF THE DISTRICT OF COLUMBIA THE RECORDER OF DEEDS OF THE DISTRICT OF COLUMBIA IS GIVEN BY THE ACT OF MARCH 3. 1925: REFERENCE IS HAD TO YOUR REQUEST OF APRIL 2. FOR DECISION WHETHER YOU ARE AUTHORIZED TO PLACE THE COPYISTS IN YOUR OFFICE ON A SALARY BASIS. YOU STATE THAT THEY ARE NOW PAID BY PIECEWORK COMPUTED AT FOUR- TENTHS OF THE RECORDING FEE. THE ATTORNEY GENERAL EXPRESSED THE OPINION THAT THE EMPLOYEES OF THE OFFICE OF THE RECORDER OF DEEDS OF THE DISTRICT OF COLUMBIA WERE INCLUDED IN THE CLASSIFICATION ACT OF MARCH 4. BY VIRTUE THEREOF IT IS WITHIN YOUR DISCRETION. IN FIXING THE NUMBER AND THE SALARY OF EMPLOYEES TO SEE THAT THE FEES AND EMOLUMENTS OF YOUR OFFICE ARE NOT EXCEEDED.

A-8869, MAY 4, 1925, 4 COMP. GEN. 914

COMPENSATION - EMPLOYEES OF RECORDER OF DEEDS OF THE DISTRICT OF COLUMBIA THE RECORDER OF DEEDS OF THE DISTRICT OF COLUMBIA IS GIVEN BY THE ACT OF MARCH 3, 1925, 43 STAT. 1102, AUTHORITY, SUBJECT TO THE APPROVAL OF THE ATTORNEY GENERAL, TO FIX THE COMPENSATION OF THE EMPLOYEES OF HIS OFFICE OTHER THAN THE DEPUTY RECORDERS, AND HE MAY, THEREFORE, WITH THE APPROVAL OF THE ATTORNEY GENERAL, FIX THE COMPENSATION OF COPYISTS ON A SALARY BASIS WITHIN THE LIMITS OF THE FEES AND EMOLUMENTS OF HIS OFFICE AVAILABLE FOR SUCH PAYMENTS. 4 COMP. GEN. 53, NO LONGER APPLICABLE.

COMPTROLLER GENERAL MCCARL TO THE RECORDER OF DEEDS OF THE DISTRICT OF COLUMBIA, MAY 4, 1925:

REFERENCE IS HAD TO YOUR REQUEST OF APRIL 2, 1925, FOR DECISION WHETHER YOU ARE AUTHORIZED TO PLACE THE COPYISTS IN YOUR OFFICE ON A SALARY BASIS. YOU STATE THAT THEY ARE NOW PAID BY PIECEWORK COMPUTED AT FOUR- TENTHS OF THE RECORDING FEE.

THE ACT OF MARCH 3, 1925, 43 STAT. 1102, CONTAINS THE FOLLOWING PROVISION:

* * * AND WITH THE APPROVAL OF THE ATTORNEY GENERAL OF THE UNITED STATES, THE RECORDER OF DEEDS MAY FROM TIME TO TIME FIX THE NUMBER AND COMPENSATION OF ALL OTHER EMPLOYEES OF HIS OFFICE: PROVIDED, THAT ANY EXPENDITURE INCURRED BY HIM IN SO DOING SHALL NOT BE A CHARGE UPON THE PUBLIC TREASURY, BUT SHALL BE PAID OUT OF THE FEES AND EMOLUMENTS OF SAID OFFICE: AND PROVIDED FURTHER, THAT THE EMPLOYEES OF SAID OFFICE SHALL NOT BE IN EXCESS OF THE NUMBER ACTUALLY NECESSARY FOR THE PROPER CONDUCT OF SAID OFFICE * * *.

PRIOR TO THE ENACTMENT OF MARCH 3, 1925, CITED, THE ATTORNEY GENERAL EXPRESSED THE OPINION THAT THE EMPLOYEES OF THE OFFICE OF THE RECORDER OF DEEDS OF THE DISTRICT OF COLUMBIA WERE INCLUDED IN THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1488. SEE DECISION OF THIS OFFICE DATED JULY 14, 1924, 4 COMP. GEN. 53. THE PROVISION OF THE ENACTMENT OF MARCH 3, 1925, CITED MAKES THIS NO LONGER APPLICABLE.

BY VIRTUE THEREOF IT IS WITHIN YOUR DISCRETION, SUBJECT TO THE APPROVAL OF THE ATTORNEY GENERAL, TO FIX THE PAY OF COPYISTS ON A SALARY BASIS. CARE MUST BE EXERCISED, HOWEVER, IN FIXING THE NUMBER AND THE SALARY OF EMPLOYEES TO SEE THAT THE FEES AND EMOLUMENTS OF YOUR OFFICE ARE NOT EXCEEDED, AS OTHERWISE A SITUATION MIGHT ARISE IN WHICH THERE WOULD BE NO FUNDS AVAILABLE TO PAY SALARIES FIXED BY YOU SHOULD THE RECEIPTS OF YOUR OFFICE FOR ANY REASON FAIL TO REACH THE ESTIMATED AMOUNT UPON WHICH THE SALARIES ARE BASED.