A-91326, DECEMBER 22, 1937, 17 COMP. GEN. 529

A-91326: Dec 22, 1937

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AGAINST THE USE OF THE APPROPRIATION FOR PAYMENT OF "SALARY OR EXPENSES OF ANY PERSON WHO IS A CANDIDATE FOR ANY STATE. WHEN YOU WERE A CANDIDATE FOR THE OFFICE OF STREET COMMISSIONER OF LITCHFIELD. ARE. AS FOLLOWS: NO PART OF THE FOREGOING APPROPRIATION SHALL BE USED TO PAY THE SALARY OR EXPENSES OF ANY PERSON WHO IS A CANDIDATE FOR ANY STATE. OR WHO IS SERVING AS A CAMPAIGN MANAGER OR ASSISTANT THERETO FOR ANY SUCH CANDIDATE. THAT THE STATUTORY INHIBITION ABOVE QUOTED IS NOT APPLICABLE IN YOUR CASE. AS SUCH FUNDS ARE REQUIRED TO BE EXPENDED PRIMARILY IN SECURITY WAGES. ANY EXPENSES INCURRED WHILE PERFORMING ANY PERSONAL SERVICE FOR PAYMENT OF WHICH THE RELIEF FUNDS ARE AVAILABLE. THERE RESTS WITH THIS OFFICE NO DISCRETION OTHERWISE THAN TO DISALLOW YOUR CLAIM SINCE YOU WERE PAID THE SECURITY WAGE FOR THE PERIOD INDICATED DURING WHICH YOU WERE A CANDIDATE FOR THE OFFICE OF STREET COMMISSIONER OF LITCHFIELD.

A-91326, DECEMBER 22, 1937, 17 COMP. GEN. 529

EMERGENCY RELIEF APPROPRIATION ACT OF 1936 - SALARY AND EXPENSE PAYMENT PROHIBITION - CANDIDATES FOR OFFICE, ETC. THE PROHIBITION CONTAINED IN THE EMERGENCY RELIEF APPROPRIATION ACT OF 1936, 49 STAT. 1610, AGAINST THE USE OF THE APPROPRIATION FOR PAYMENT OF "SALARY OR EXPENSES OF ANY PERSON WHO IS A CANDIDATE FOR ANY STATE, DISTRICT, COUNTY, OR MUNICIPAL OFFICE * * *," APPLIES TO ANY REMUNERATION FOR SERVICES RENDERED, INCLUDING SECURITY WAGES OF WORKS PROGRESS ADMINISTRATION WORKERS AND PROHIBITS PAYMENT OF THE SECURITY WAGE TO A CANDIDATE FOR THE OFFICE OF STREET COMMISSIONER OF A MUNICIPALITY.

ACTING COMPTROLLER GENERAL ELLIOTT TO FRED T. GORDON, DECEMBER 22, 1937:

THERE HAS BEEN EXAMINED YOUR CLAIM NO. 0698817 FOR $137.70 REPRESENTING DEDUCTIONS MADE FROM YOUR WAGES AS A SECURITY-WAGE WORKER OF THE WORKS PROGRESS ADMINISTRATION FOR 47 DAYS DURING THE PERIOD MARCH 15 TO JULY 9, 1937, INCLUSIVE, WHEN YOU WERE A CANDIDATE FOR THE OFFICE OF STREET COMMISSIONER OF LITCHFIELD, ILL.

THE PROVISIONS OF THE EMERGENCY RELIEF APPROPRIATION ACT OF 1936, DATED JUNE 22, 1936 (49 STAT. 1610), REENACTED AS SECTION 6 OF THE RELIEF APPROPRIATION ACT OF 1937, DATED JUNE 29, 1937, PUBLIC RESOLUTION 47, APPLICABLE DURING THE PERIOD INVOLVED, ARE, IN PART, AS FOLLOWS:

NO PART OF THE FOREGOING APPROPRIATION SHALL BE USED TO PAY THE SALARY OR EXPENSES OF ANY PERSON WHO IS A CANDIDATE FOR ANY STATE, DISTRICT, COUNTY, OR MUNICIPAL OFFICE (SUCH OFFICE REQUIRING FULL TIME OF SUCH PERSON AND TO WHICH OFFICE A SALARY OR PER DIEM ATTACHES), IN ANY PRIMARY, GENERAL, OR SPECIAL ELECTION, OR WHO IS SERVING AS A CAMPAIGN MANAGER OR ASSISTANT THERETO FOR ANY SUCH CANDIDATE.

THE WORKS PROGRESS ADMINISTRATION ADMINISTRATIVELY APPROVED YOUR CLAIM ON THE BASIS THAT WAGES RECEIVED BY A SECURITY-WAGE WORKER--- AS DISTINGUISHED FROM THE COMPENSATION OF THE REGULAR SUPERVISORY PERSONNEL-- - DO NOT CONSTITUTE "SALARY" WITHIN THE PURVIEW OF THE ACT; AND ACCORDINGLY, THAT THE STATUTORY INHIBITION ABOVE QUOTED IS NOT APPLICABLE IN YOUR CASE.

HOWEVER, CONSIDERING THE GENERAL PURPOSE OF THE STATUTORY RESTRICTION ON THE USE OF RELIEF FUNDS, AND AS SUCH FUNDS ARE REQUIRED TO BE EXPENDED PRIMARILY IN SECURITY WAGES, THE TERMS ,SALARY OR EXPENSES" MAY NOT BE NARROWLY CONSTRUED TO APPLY ONLY TO THE SALARY OF THE REGULAR PERSONNEL OF THE GOVERNMENT, BUT APPLY TO ANY REMUNERATION FOR SERVICES RENDERED, INCLUDING SECURITY WAGES, AND ANY EXPENSES INCURRED WHILE PERFORMING ANY PERSONAL SERVICE FOR PAYMENT OF WHICH THE RELIEF FUNDS ARE AVAILABLE.

IN VIEW OF THE CLEAR AND UNEQUIVOCAL LANGUAGE OF THE PROVISION, THERE RESTS WITH THIS OFFICE NO DISCRETION OTHERWISE THAN TO DISALLOW YOUR CLAIM SINCE YOU WERE PAID THE SECURITY WAGE FOR THE PERIOD INDICATED DURING WHICH YOU WERE A CANDIDATE FOR THE OFFICE OF STREET COMMISSIONER OF LITCHFIELD, ILL., AND THE DEDUCTIONS FROM YOUR WAGES DURING A SUBSEQUENT PERIOD FOR REIMBURSEMENT TO THE GOVERNMENT OF THE AMOUNT TO WHICH YOU WERE NOT ENTITLED WERE PROPERLY MADE.