A-9788, JUNE 8, 1925, 4 COMP. GEN. 1020

A-9788: Jun 8, 1925

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THE PAYMENT OF EXTRA COMPENSATION TO EMPLOYEES OF THE NATIONAL MUSEUM OR OTHER BUREAUS UNDER THE JURISDICTION OF THE SMITHSONIAN INSTITUTION FOR SERVICES RENDERED AS WATCHMEN ON SUNDAYS IS NOT AUTHORIZED. IN VIEW OF THE FACT THAT EMPLOYMENT OF EXTRA WATCHMEN FOR SUNDAY OPENING OF THE NATIONAL MUSEUM WILL BE LIMITED TO ONE DAY PER WEEK. 1925: I HAVE YOUR LETTER OF MAY 20. " WAS INCREASED TO PROVIDE FOR THE EMPLOYMENT OF EXTRA WATCHMEN IN THE NATIONAL MUSEUM BUILDINGS ON SUNDAYS. BE DETAILED FOR THIS WORK AT A DAILY RATE OF $3 FOR EACH SUNDAY EMPLOYED? (2) IN ORDER THAT PAYMENT WILL NOT EXCEED THE $2. AS IS THE CASE WITH GENERAL PER DIEM EMPLOYEES? PROHIBITS ANY PERSON IN THE PUBLIC SERVICE FROM RECEIVING ADDITIONAL PAY OR COMPENSATION FOR ANY OTHER SERVICE OR DUTY WHATEVER UNLESS AUTHORIZED BY LAW AND THE APPROPRIATION SPECIFICALLY STATES THAT IT IS FOR SUCH ADDITIONAL PAY OR COMPENSATION.

A-9788, JUNE 8, 1925, 4 COMP. GEN. 1020

COMPENSATION, DOUBLE - SMITHSONIAN INSTITUTION IN THE ABSENCE OF SPECIFIC STATUTORY AUTHORITY THEREFOR, THE PAYMENT OF EXTRA COMPENSATION TO EMPLOYEES OF THE NATIONAL MUSEUM OR OTHER BUREAUS UNDER THE JURISDICTION OF THE SMITHSONIAN INSTITUTION FOR SERVICES RENDERED AS WATCHMEN ON SUNDAYS IS NOT AUTHORIZED. IN VIEW OF THE FACT THAT EMPLOYMENT OF EXTRA WATCHMEN FOR SUNDAY OPENING OF THE NATIONAL MUSEUM WILL BE LIMITED TO ONE DAY PER WEEK, FIFTY-TWO TIMES THE AMOUNT PAID FOR THE ONE DAY'S SERVICE MAY BE REGARDED AS THE ANNUAL RATE OF COMPENSATION IN DETERMINING WHETHER AN EMPLOYEE OF ANOTHER ESTABLISHMENT MAY BE APPOINTED TO THE POSITION OF SUNDAY WATCHMAN IN THE NATIONAL MUSEUM WITHOUT VIOLATING THE PROVISIONS OF THE ACT OF MAY 10, 1916, 39 STAT. 120, AS AMENDED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY, SMITHSONIAN INSTITUTION, JUNE 8, 1925:

I HAVE YOUR LETTER OF MAY 20, 1925, REQUESTING DECISION OF QUESTIONS PRESENTED, AS FOLLOWS:

THE APPROPRIATION "PRESERVATION OF COLLECTIONS, 1926," WAS INCREASED TO PROVIDE FOR THE EMPLOYMENT OF EXTRA WATCHMEN IN THE NATIONAL MUSEUM BUILDINGS ON SUNDAYS.

I BEG TO ASK YOU FOR A DECISION ON THE FOLLOWING POINTS:

(1) CAN REGULAR MONTHLY EMPLOYEES (MECHANICS, LABORERS, MESSENGERS) OF THE NATIONAL MUSEUM AND OTHER GOVERNMENT BUREAUS UNDER THE DIRECTION OF THE SMITHSONIAN INSTITUTION, OTHER THAN WATCHMEN, BE DETAILED FOR THIS WORK AT A DAILY RATE OF $3 FOR EACH SUNDAY EMPLOYED?

(2) IN ORDER THAT PAYMENT WILL NOT EXCEED THE $2,000 YEARLY LIMIT FOR EMPLOYMENT IN TWO POSITIONS, CAN THIS RATE OF $3 BE COMPUTED ON A 52-DAY BASIS, INSTEAD OF 312 DAYS, AS IS THE CASE WITH GENERAL PER DIEM EMPLOYEES?

SECTION 1764, REVISED STATUTES, PROHIBITS THE PAYMENT OF ALLOWANCES OR COMPENSATION FOR ANY EXTRA SERVICE WHATEVER WHICH ANY OFFICER OR CLERK MAY BE REQUIRED TO PERFORM UNLESS EXPRESSLY AUTHORIZED BY LAW. SECTION 1765, REVISED STATUTES, PROHIBITS ANY PERSON IN THE PUBLIC SERVICE FROM RECEIVING ADDITIONAL PAY OR COMPENSATION FOR ANY OTHER SERVICE OR DUTY WHATEVER UNLESS AUTHORIZED BY LAW AND THE APPROPRIATION SPECIFICALLY STATES THAT IT IS FOR SUCH ADDITIONAL PAY OR COMPENSATION.

THE APPROPRIATION "PRESERVATION OF COLLECTIONS, 1926," ACT OF MARCH 3, 1925, 43 STAT. 1207, WHICH YOU STATE WAS INCREASED TO PROVIDE FOR THE EMPLOYMENT OF EXTRA WATCHMEN IN THE NATIONAL MUSEUM BUILDING ON SUNDAYS, PROVIDES AS FOLLOWS:

FOR CONTINUING PRESERVATION, EXHIBITION, AND INCREASE OF COLLECTIONS FROM THE SURVEYING AND EXPLORING EXPEDITIONS OF THE GOVERNMENT, AND FROM OTHER SOURCES, INCLUDING NECESSARY EMPLOYEES, ALL OTHER NECESSARY EXPENSES * * * $441,082, OF WHICH AMOUNT NOT TO EXCEED $428,598 MAY BE EXPENDED FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA.

THERE IS NO SPECIFIC AUTHORIZATION IN THIS APPROPRIATION FOR PAYMENT OF EXTRA COMPENSATION TO EMPLOYEES OF THE NATIONAL MUSEUM OR OTHER BUREAUS UNDER THE JURISDICTION OF THE SMITHSONIAN INSTITUTION FOR SUNDAY SERVICE, AND I KNOW OF NO GROUND STATUTORY PROVISION GIVING SUCH AUTHORITY.

YOU ARE ADVISED, THEREFORE, THAT PAYMENT TO EMPLOYEES UNDER THE JURISDICTION OF THE SMITHSONIAN INSTITUTION OF EXTRA COMPENSATION FOR SUNDAY SERVICE IS NOT AUTHORIZED. SEE 24 COMP. DEC. 350.

IN ANSWER TO THE SECOND QUESTION PRESENTED FOR DECISION, IN VIEW OF THE FACT THAT EMPLOYMENT OF EXTRA WATCHMEN FOR SUNDAY OPENING OF THE NATIONAL MUSEUM WILL BE LIMITED TO ONE DAY PER WEEK, FIFTY-TWO TIMES THE AMOUNT PAID FOR THE ONE DAY'S SERVICE MAY BE REGARDED AS THE ANNUAL RATE OF COMPENSATION IN DETERMINING WHETHER AN EMPLOYEE OF ANOTHER ESTABLISHMENT MAY BE APPOINTED TO THE POSITION OF SUNDAY WATCHMAN IN THE NATIONAL MUSEUM WITHOUT VIOLATING THE PROVISIONS OF THE ACT OF MAY 10, 1916, 39 STAT. 120, AS AMENDED.