B-108090, FEBRUARY 19, 1952, 31 COMP. GEN. 414

B-108090: Feb 19, 1952

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500 OR MORE FROM HOLDING ANOTHER OFFICE TO WHICH COMPENSATION IS ATTACHED UNLESS SPECIFICALLY AUTHORIZED BY LAW. 1952: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 15. IF SO APPOINTED IT IS UNDERSTOOD THAT HIS COMPENSATION AS SUCH ASSISTANT COUNSEL WILL BE PAID BY THE SUBCOMMITTEE. IT IS FOR NOTING THAT THE LIFE OF THE SAID SUBCOMMITTEE. WAS EXTENDED BY SENATE RESOLUTION 267. GEN. 386 IS CLOSELY IN POINT.'. IN THAT DECISION IT WAS HELD. 500 OR MORE FROM HOLDING ANOTHER OFFICE TO WHICH COMPENSATION IS ATTACHED UNLESS SPECIFICALLY AUTHORIZED BY LAW. IS OF RELATIVELY SHORT DURATION.

B-108090, FEBRUARY 19, 1952, 31 COMP. GEN. 414

OFFICERS AND EMPLOYEES - HOLDING TWO POSITIONS - EMPLOYMENT AS CONSTITUTING OFFICE AN EMPLOYEE ON LEAVE WITHOUT PAY FROM A GOVERNMENT AGENCY MAY BE EMPLOYED BY A TEMPORARY CONGRESSIONAL COMMITTEE WITHOUT CONTRAVENING THE ACT OF JULY 31, 1894, AS AMENDED, PROHIBITING PERSONS WHOSE ANNUAL COMPENSATION IN ONE OFFICE AMOUNTS TO $2,500 OR MORE FROM HOLDING ANOTHER OFFICE TO WHICH COMPENSATION IS ATTACHED UNLESS SPECIFICALLY AUTHORIZED BY LAW.

COMPTROLLER GENERAL WARREN TO THE CHAIRMAN, NATIONAL LABOR RELATIONS BOARD, FEBRUARY 19, 1952:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 15, 1952, REQUESTING A DECISION AS TO WHETHER AN EMPLOYEE OF THE NATIONAL LABOR RELATIONS BOARD, WHO WHILE ON LEAVE WITHOUT PAY FROM SAID AGENCY, MAY ACCEPT AN APPOINTMENT AS ASSISTANT COUNSEL FOR THE SENATE DISTRICT SUBCOMMITTEE ON CRIME CREATED PURSUANT TO SENATE RESOLUTION 136, 82D CONGRESS, WITHOUT VIOLATING THE DUAL EMPLOYMENT RESTRICTIONS CONTAINED IN THE ACT OF JULY 31, 1894, AS AMENDED, 5 U.S.C. 62. IF SO APPOINTED IT IS UNDERSTOOD THAT HIS COMPENSATION AS SUCH ASSISTANT COUNSEL WILL BE PAID BY THE SUBCOMMITTEE. IT IS FOR NOTING THAT THE LIFE OF THE SAID SUBCOMMITTEE, CREATED PURSUANT TO SENATE RESOLUTION 136, WAS EXTENDED BY SENATE RESOLUTION 267, 82D CONGRESS, FOR A PERIOD NOT TO EXTEND BEYOND JUNE 30, 1952.

YOU EXPRESS THE BELIEF "THAT THE QUESTION AND DECISION REPORTED AT 30 COMP. GEN. 386 IS CLOSELY IN POINT.' IN THAT DECISION IT WAS HELD, QUOTING FROM THE FIRST PARAGRAPH OF THE SYLLABUS, THAT:

AN EMPLOYEE ON LEAVE WITHOUT PAY FROM A GOVERNMENT DEPARTMENT MAY BE EMPLOYED BY A GOVERNMENT COMMISSION OF TEMPORARY CHARACTER WITHOUT CONTRAVENING THE ACT OF JULY 31, 1894, AS AMENDED, PROHIBITING PERSONS WHOSE ANNUAL COMPENSATION IN ONE OFFICE AMOUNTS TO $2,500 OR MORE FROM HOLDING ANOTHER OFFICE TO WHICH COMPENSATION IS ATTACHED UNLESS SPECIFICALLY AUTHORIZED BY LAW.

SINCE THE LIFE OF THE REFERRED-TO SENATE SUBCOMMITTEE, AS INDICATED BY THE SENATE RESOLUTION, IS OF RELATIVELY SHORT DURATION, THE EMPLOYMENT OF MR. PRESTON AS ASSISTANT COUNSEL OF SAID SUBCOMMITTEE--- WHICH EMPLOYMENT WOULD NOT EXTEND BEYOND THE LIFE OF THE SUBCOMMITTEE-- WOULD NOT, IN LINE WITH THE DECISION, SUPRA, CONSTITUTE THE HOLDING OF AN OFFICE WITHIN THE PURVIEW OF THE ACT OF JULY 31, 1894, 5 U.S.C. 62.