B-111455, MAY 28, 1974

B-111455: May 28, 1974

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ALTHOUGH ADDITIONAL COMPENSATION IS AUTHORIZED TO A MEMBER OF THE METROPOLITAN POLICE OF THE DISTRICT OF COLUMBIA BY THE LEGISLATIVE BRANCH APPROPRIATION ACT. WHEN HE IS DETAILED TO THE CAPITOL POLICE. HE IS SUBJECT TO THE SALARY LIMITATION IN THE DISTRICT OF COLUMBIA POLICE AND FIREMEN'S SALARY ACT OF 1958. SINCE PUBLIC LAW 92-342 PROVIDES THAT A DETAILED MEMBER IS DEEMED A MEMBER OF THE METROPOLITAN POLICE FOR ALL PURPOSES OF RANK. THUS THE ADDITIONAL COMPENSATION IS PART OF HIS BASIC SALARY. WHEREIN AN EXPRESSION OF OUR VIEWS IS REQUESTED WITH REGARD TO THE EXTENT OF ENTITLEMENT TO ADDITIONAL COMPENSATION OF THE METROPOLITAN POLICE DEPARTMENT OFFICER NOW DETAILED AS CHIEF OF THE UNITED STATES CAPITOL POLICE.

B-111455, MAY 28, 1974

ALTHOUGH ADDITIONAL COMPENSATION IS AUTHORIZED TO A MEMBER OF THE METROPOLITAN POLICE OF THE DISTRICT OF COLUMBIA BY THE LEGISLATIVE BRANCH APPROPRIATION ACT, 1973, PUBLIC LAW 92-342, WHEN HE IS DETAILED TO THE CAPITOL POLICE, HE IS SUBJECT TO THE SALARY LIMITATION IN THE DISTRICT OF COLUMBIA POLICE AND FIREMEN'S SALARY ACT OF 1958, AS AMENDED BY PUBLIC LAW 92-410, SINCE PUBLIC LAW 92-342 PROVIDES THAT A DETAILED MEMBER IS DEEMED A MEMBER OF THE METROPOLITAN POLICE FOR ALL PURPOSES OF RANK, PAY, ALLOWANCE, ETC., AND THUS THE ADDITIONAL COMPENSATION IS PART OF HIS BASIC SALARY.

TO MR. WALTER E. WASHINGTON:

WE REFER FURTHER TO YOUR LETTER OF OCTOBER 19, 1973, WHEREIN AN EXPRESSION OF OUR VIEWS IS REQUESTED WITH REGARD TO THE EXTENT OF ENTITLEMENT TO ADDITIONAL COMPENSATION OF THE METROPOLITAN POLICE DEPARTMENT OFFICER NOW DETAILED AS CHIEF OF THE UNITED STATES CAPITOL POLICE.

THE LETTER REFERS TO OUR OPINION B-111455, OCTOBER 2, 1952, AS SETTING FORTH GUIDELINES FOR THE PAYMENT OF ADDITIONAL COMPENSATION GRANTED UNDER THE LAW TO OFFICERS OF THE METROPOLITAN POLICE DEPARTMENT WHILE SERVING ON DETAIL WITH THE UNITED STATES CAPITOL POLICE. IT IS POINTED OUT HOWEVER THAT PUBLIC LAW 92-410, APPROVED AUGUST 29, 1972, WHICH AMENDED THE DISTRICT OF COLUMBIA POLICE AND FIREMEN'S SALARY ACT OF 1958 TO INCREASE SALARIES, PROVIDES IN SECTION 102(B) AS FOLLOWS:

"(B) COMPENSATION MAY NOT BE PAID, BY REASON OF ANY PROVISION OF THIS ACT, AT A RATE IN EXCESS OF THE RATE OF BASIC PAY FOR LEVEL V OF THE EXECUTIVE SCHEDULE, CONTAINED IN SUBCHAPTER II OF CHAPTER 53 OF TITLE 5, UNITED STATES CODE."

THE LETTER STATES FURTHER THAT UNDER PUBLIC LAW 92-410 - SECTION 101 PROVIDING THE SALARY SCHEDULE AND SECTION 110 PROVIDING FOR LONGEVITY INCREASES - THE METROPOLITAN POLICE DEPARTMENT OFFICER CURRENTLY DETAILED AS CHIEF OF THE UNITED STATES CAPITOL POLICE, IS ENTITLED TO PAYMENT OF $30,445 (CLASS 9, STEP 4, OF THE SALARY SCHEDULE) PLUS $5,060 LONGEVITY INCREASES (20 PERCENT OF $25,300, THE BASE SALARY OF HIS CLASS), FOR A TOTAL OF $35,505. REFERENCE IS ALSO MADE TO THE ADDITIONAL COMPENSATION OF $4,000 PROVIDED THE OFFICER BY THE LEGISLATIVE BRANCH APPROPRIATION ACT, 1973, PUBLIC LAW 92-342, APPROVED JULY 10, 1972, WHICH WHEN ADDED TO THE ABOVE AMOUNT TOTALS $39,505 AN AMOUNT BEYOND THE LIMIT ESTABLISHED UNDER PUBLIC LAW 92-410, SECTION 102.

OUR VIEWS ARE SOUGHT AS TO WHETHER THE TOTAL COMPENSATION OF THE DETAILED OFFICER IS SUBJECT TO THE LIMITATION ON SALARIES SET FORTH IN PUBLIC LAW 92-410 (NOW $36,000) OR WHETHER HE IS ENTITLED TO HIS REGULAR SALARY PLUS THE ADDITIONAL COMPENSATION GRANTED UNDER PUBLIC LAW 92-342.

UNDER THE PARAGRAPH HEADED "CAPITOL POLICE BOARD", PUBLIC LAW 92-342 STATES IN PERTINENT PART:

"*** PROVIDED, THAT ANY PERSON DETAILED UNDER THE AUTHORITY OF THIS PARAGRAPH OR UNDER SIMILAR AUTHORITY IN THE LEGISLATIVE BRANCH APPROPRIATION ACT, 1942, AND THE SECOND DEFICIENCY APPROPRIATION ACT, 1940, FROM THE METROPOLITAN POLICE OF THE DISTRICT OF COLUMBIA SHALL BE DEEMED A MEMBER OF SUCH METROPOLITAN POLICE DURING THE PERIOD OR PERIODS OF ANY SUCH DETAIL FOR ALL PURPOSES OF RANK, PAY, ALLOWANCES, PRIVILEGES, AND BENEFITS TO THE SAME EXTENT AS THOUGH SUCH DETAIL HAD NOT BEEN MADE, AND AT THE TERMINATION THEREOF ANY SUCH PERSON SHALL HAVE A STATUS WITH RESPECT TO RANK, PAY, ALLOWANCES, PRIVILEGES, AND BENEFITS WHICH IS NOT LESS THAN THE STATUS OF SUCH PERSON IN SUCH POLICE AT THE END OF SUCH DETAIL: PROVIDED FURTHER, THAT THE COMMISSIONER OF THE DISTRICT OF COLUMBIA IS DIRECTED (1) TO PAY THE DEPUTY CHIEF OF POLICE DETAILED UNDER THE AUTHORITY OF THIS PARAGRAPH AND SERVING AS CHIEF OF THE CAPITOL POLICE, THE SALARY OF THE RANK OF DEPUTY CHIEF PLUS $4,000 AND SUCH INCREASES IN BASIC COMPENSATION AS MAY BE SUBSEQUENTLY PROVIDED BY LAW SO LONG AS THIS POSITION IS HELD BY THE PRESENT INCUMBENT ***."

BY LETTER OF JUNE 27, 1958, B-111455, COPY ENCLOSED, WE EXPRESSED OUR OPINION TO THE CHAIRMAN, SENATE COMMITTEE ON APPROPRIATIONS, THAT AN ASSIGNMENT TO THE CAPITOL POLICE BOARD MIGHT BE REGARDED AS AN OCCUPATIONAL ASSIGNMENT EVEN THOUGH ADDITIONAL SALARY THEREFOR WAS PROVIDED BY SOME ACT OTHER THAN THE POLICEMEN AND FIREMEN'S SALARY ACT. IT WAS POINTED OUT THAT A SUBSTANTIAL BASIS EXISTED FOR THE VIEW THAT THE TERM "REGULAR SALARY" WOULD INCLUDE THE ADDITIONAL AMOUNTS RECEIVED WHILE AN INDIVIDUAL IS ASSIGNED TO A PARTICULAR POSITION IRRESPECTIVE OF WHETHER THE SALARY THEREFOR MIGHT BE PROVIDED BY DIFFERENT ACTS. THUS, WE STATED THAT IT WAS OUR VIEW THAT THE ADDITIONAL SALARY RECEIVED BY THE METROPOLITAN POLICE PERSONNEL DETAILED TO THE CAPITOL POLICE WAS A PART OF BASIC SALARY FOR PURPOSES OF THE APPLICATION OF THE POLICEMEN AND FIREMEN'S RETIREMENT AND DISABILITY ACT.

IN STATING OUR VIEW IN THE LETTER OF JUNE 27, 1958, WE CONSIDERED THE PROVISIONS OF THE LEGISLATIVE BRANCH APPROPRIATION ACT OF 1958, PUBLIC LAW 85-75, 71 STAT. 244, 250, WHICH SETS FORTH THE CONDITIONS UNDER WHICH PERSONNEL OF THE METROPOLITAN POLICE ARE DETAILED TO THE CAPITOL POLICE. THE CONDITIONS STATED IN THAT ACT ARE SUBSTANTIALLY THE SAME AS THOSE STATED IN SUBSEQUENT APPROPRIATION ACTS INCLUDING THOSE IN PUBLIC LAW 92- 342. THOSE ACTS IN GENERAL PROVIDE THAT THE SALARIES OF THE PERSONNEL DETAILED ARE THOSE ORDINARILY APPLICABLE TO THE MEMBERS OF THE METROPOLITAN POLICE WITH THE EXCEPTION IN CERTAIN CASES OF PROVISIONS FOR ADDITIONAL COMPENSATION. THE WORDING OF THE APPROPRIATION ACT PROVISIONS HAS NOT BEEN SUBSTANTIALLY CHANGED ALTHOUGH THE CONGRESS WAS INFORMED OF OUR VIEW THAT THE ADDITIONAL COMPENSATION PROVIDED BY THOSE ACTS WAS TO BE REGARDED AS BASIC SALARY FOR PURPOSES OF THE POLICEMEN'S RETIREMENT ACT.

IN VIEW OF THE ABOVE IT IS OUR OPINION THE $4,000 PROVIDED UNDER PUBLIC LAW 92-342 IS BASIC COMPENSATION AND AS SUCH MAY BE PAID AS PROVIDED. SINCE, HOWEVER, ANY PERSON DETAILED UNDER THE AUTHORITY OF THE ABOVE-CITED PROVISIONS IS REQUIRED TO BE DEEMED A MEMBER OF THE METROPOLITAN POLICE DURING THE DETAIL PERIOD FOR ALL PURPOSES OF RANK, PAY, ALLOWANCES, PRIVILEGES, AND BENEFITS TO THE SAME EXTENT AS THOUGH SUCH DETAIL HAD NOT BEEN MADE IT IS OUR OPINION THAT, AFTER PAYMENT OF THE $4,000 PROVIDED BY LAW, THE SALARY OF THE DETAILED EMPLOYEE IN QUESTION WOULD BE SUBJECT TO THE LIMITATION IN SECTION 102(B) IN THE DISTRICT OF COLUMBIA POLICE AND FIREMEN'S SALARY ACT OF 1958, AS AMENDED, WHICH LIMITATION WOULD APPLY TO THE EMPLOYEE'S AGGREGATE SALARY INCLUDING THE $4,000 PAYMENT PROVIDED BY LAW.