B-102206, APRIL 17, 1951, 30 COMP. GEN. 406

B-102206: Apr 17, 1951

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WHICH IS NOT COMPUTED ON A TIME BASIS. PERSONS COMPENSATED ON A FEE BASIS ARE NOT CONSIDERED TO BE OFFICERS OR EMPLOYEES OF THE UNITED STATES. 1951: REFERENCE IS MADE TO YOUR LETTER OF MARCH 20. " IS TO BE ENGAGED AND COMPENSATED UPON THE BASIS OF A SPECIFIED FEE PER REHEARSAL AND PER PERFORMANCE FOR EACH CHARACTER IN ACCORDANCE WITH THE SCHEDULE OF FEES SUBMITTED. RELATES TO THE PROPOSED ENGAGEMENT OF FEDERAL EMPLOYEES FOR SERVICE IN THE DISTRICT OF COLUMBIA GOVERNMENT AS TEACHERS AND INSTRUCTORS IN THE NATIONAL DEFENSE EMERGENCY WAR TRAINING PROGRAM AND WITH RESPECT TO SUCH PROPOSAL IT WAS STATED THEREIN: * * * THERE WOULD BE NO LEGAL OBJECTION TO EMPLOYING AND PAYING FEDERAL EMPLOYEES FEES FOR TEACHING SERVICES UNDER THE INVOLVED ALLOTMENT OF FUNDS TO THE DISTRICT OF COLUMBIA IF SUCH FEES ARE FIXED BY REGULATION AND ARE NOT COMPUTED ON A PER DIEM OR OTHER TIME BASIS.

B-102206, APRIL 17, 1951, 30 COMP. GEN. 406

COMPENSATION - DOUBLE - ADDITIONAL FEE - BASIS EMPLOYMENT THE ENGAGEMENT BY THE NATIONAL CAPITAL SESQUICENTENNIAL COMMISSION OF EMPLOYEES OF THE FEDERAL OR DISTRICT OF COLUMBIA GOVERNMENT AS ACTORS AT A STIPULATED FEE FOR ATTENDANCE AT EACH REHEARSAL AND PERFORMANCE, WHICH IS NOT COMPUTED ON A TIME BASIS, DOES NOT CONSTITUTE A VIOLATION OF THE DUAL COMPENSATION STATUTES. PERSONS COMPENSATED ON A FEE BASIS ARE NOT CONSIDERED TO BE OFFICERS OR EMPLOYEES OF THE UNITED STATES, AND THEREFORE THE ANNUAL AND SICK LEAVE LAWS AND REGULATIONS WOULD NOT BE APPLICABLE TO ACTORS ENGAGED AND COMPENSATED IN ACCORDANCE WITH A SCHEDULE OF FEES.

COMPTROLLER GENERAL WARREN TO THE EXECUTIVE VICE CHAIRMAN, NATIONAL CAPITAL SESQUICENTENNIAL COMMISSION, APRIL 17, 1951:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 20, 1951, IN WHICH YOU PRESENT A PROPOSAL WHEREBY THE CAST OF CHARACTERS FOR THE SYMPHONIC DRAMA," FAITH OF OUR FATHERS," IS TO BE ENGAGED AND COMPENSATED UPON THE BASIS OF A SPECIFIED FEE PER REHEARSAL AND PER PERFORMANCE FOR EACH CHARACTER IN ACCORDANCE WITH THE SCHEDULE OF FEES SUBMITTED, AND REQUEST A DECISION WHETHER UNDER SUCH PROCEDURE THE ENGAGEMENT OF ACTORS OTHERWISE EMPLOYED IN THE FEDERAL OR DISTRICT OF COLUMBIA GOVERNMENT WOULD VIOLATE THE DUAL COMPENSATION STATUES. ALSO, YOU PRESENT FOR DECISION THE QUESTION WHETHER THE ANNUAL AND SICK LEAVE LAWS AND REGULATIONS WOULD APPLY TO THE ACTORS ENGAGED UNDER SUCH PROCEDURE.

THE DECISION OF THIS OFFICE DATED OCTOBER 16, 1942, 22 COMP. GEN. 362, CITED IN YOUR LETTER, RELATES TO THE PROPOSED ENGAGEMENT OF FEDERAL EMPLOYEES FOR SERVICE IN THE DISTRICT OF COLUMBIA GOVERNMENT AS TEACHERS AND INSTRUCTORS IN THE NATIONAL DEFENSE EMERGENCY WAR TRAINING PROGRAM AND WITH RESPECT TO SUCH PROPOSAL IT WAS STATED THEREIN:

* * * THERE WOULD BE NO LEGAL OBJECTION TO EMPLOYING AND PAYING FEDERAL EMPLOYEES FEES FOR TEACHING SERVICES UNDER THE INVOLVED ALLOTMENT OF FUNDS TO THE DISTRICT OF COLUMBIA IF SUCH FEES ARE FIXED BY REGULATION AND ARE NOT COMPUTED ON A PER DIEM OR OTHER TIME BASIS. IN THE EVENT OF THE ADOPTION OF SUCH A PLAN A COPY OF ANY SCHEDULE OF FEES FOR THE INVOLVED SERVICES SHOULD BE FILED IN THIS OFFICE FOR USE IN THE AUDIT OF THE ACCOUNTS.

IN VIEW OF THE FOREGOING, AND SINCE IT DOES NOT APPEAR FROM THE SCHEDULE SUBMITTED THAT THE PROPOSED FEES IN THIS CASE ARE TO BE COMPUTED UPON A TIME BASIS, NO LEGAL OBJECTION IS PERCEIVED WHY FEDERAL AND DISTRICT OF COLUMBIA EMPLOYEES MAY NOT BE ENGAGED AS ACTORS UNDER THE PROCEDURE STATED.

WITH RESPECT TO THE SECOND QUESTION PRESENTED IN YOUR LETTER, SINCE PERSONS COMPENSATED UPON A FEE BASIS ARE NOT CONSIDERED TO BE OFFICERS OR EMPLOYEES OF THE UNITED STATES, IT DOES NOT APPEAR THAT THE ANNUAL AND SICK LEAVE LAWS AND REGULATIONS WOULD APPLY TO ACTORS ENGAGED AND COMPENSATED IN ACCORDANCE WITH THE SCHEDULE OF FEES SUBMITTED.