B-113811, JUN 19, 1953

B-113811, JUN 19, 1953

PRECIS-UNAVAILABLE

THE SECRETARY OF THE AIR FORCE:

THERE IS BEFORE THIS OFFICE FOR CONSIDERATION THE MATTER OF IMPROPER LUMP -SUM LEAVE PAYMENTS IN 1950 TO CLARKE W. CLARKE WHILE EMPLOYED BY THE OFFICE OF RENT STABLILIZATION, WASHINGTON, D.C., WHO TRANSFERRED TO THE AIR FORCE, SOUTHERN AIR PROCUREMENT DISTRICT ON DECEMBER 1, 1952, AND IS PRESENTLY SERVING IN THE POSITION OF GOVERNMENTAL AUDITOR, AUDITOR GENERAL, BRYAN, TEXAS.

ON JUNE 25, 1950, MR. CLARKE WAS TRANSFERRED BY THE OFFICE OF RENT STABILIZATION FROM A PERMANENT STATUS TO A TEMPORARY STATUS FOR THE SOLE PURPOSE OF MAKING A LUMP-SUM PAYMENT TO HIM FOR HIS ACCUMULATED AND ACCRUED ANNUAL LEAVE (532 HOURS). THEREAFTER, UPON EXPIRATION OF THE LEAVE PERIOD COVERED BY THE LUMP-SUM PAYMENT EFFECTIVE OCTOBER 26, 1950, THE EMPLOYEE WAS PLACED BACK IN A PERMANENT OR INDEFINITE STATUS AND GIVEN A SECOND LUMP-SUM PAYMENT FOR THE UNUSED ANNUAL LEAVE EARNED WHILE SERVING IN THE SO-CALLED TEMPORARY POSITION (80 HOURS).

THIS OFFICE HAS CONCLUDED THAT THE ABOVE TRANSACTIONS WERE NOT BONA FIDE SO AS TO CONSTITUTE TRANSFERS TO DIFFERENT LEAVE SYSTEMS UNDER THE LUMP- SUM LEAVE ACT OF DECEMBER 21, 1944, 58 STAT. 845, AND OFFICE DECISION OF OCTOBER 24, 1946, 26 COMP. GEN. 259. ACCORDINGLY, MR. CLARKE'S LEAVE ACCOUNT HAS BEEN RECONSTRUCTED AND IT APPEARS THAT HAD THE LEAVE PAYMENTS NOT BEEN MADE TO HIM IN 1950, HE COULD NOT HAVE HAD AT THE BEGINNING OF THE 1953 LEAVE YEAR (DECEMBER 21, 1952) ANY ACCUMULATION OF LEAVE IN EXCESS OF 412 HOURS - NO CONSIDERATION BEING GIVEN TO LEAVE THAT MIGHT HAVE BEEN USED IF THE EMPLOYEE HAD KNOWN OF THE APPLICATION OF THE MAXIMUM CEILING AT THE END OF THE YEAR.

SINCE MR. CLARKE IS BEING CREDITED WITH THE CASH VALUE OF 412 HOURS OF ANNUAL LEAVE AS AN OFFSET AGAINST THE TOTAL OF THE PAYMENTS RECEIVED BY HIM IN 1950, HE IS NOT ENTITLED TO ANY ANNUAL LEAVE BALANCE AT THE BEGINNING OF THE CURRENT LEAVE YEAR. THEREFORE, IT IS REQUESTED THAT THE ANNUAL LEAVE CREDITED TO MR. CLARKE, WHICH, AS INDICATED IN PREVIOUS INFORMATION OBTAINED FROM THE PROCUREMENT DISTRICT IN FORT WORTH, AMOUNTS TO 36 HOURS, BE CANCELLED, WITH APPROPRIATE NOTIFICATION TO THIS OFFICE WHEN SUCH ACTION HAS BEEN ACCOMPLISHED.

IN OTHER CASES WHERE THE CASH VALUE OF RECONSTRUCTED LEAVE IS INSUFFICIENT TO LIQUIDATE THE INDEBTEDNESS ARISING OUT OF THE LEAVE PAYMENTS IN 1950 AND 1951, TO EMPLOYEES OF THE OFFICE OF RENT STABILIZATION, THIS OFFICE HAS AUTHORIZED THE USE OF ANNUAL LEAVE EARNED DURING THE CURRENT LEAVE YEAR, DECEMBER 21, 1952, TO APRIL 30, 1953, AS A FURTHER OFFSET AGAINST THE PRIOR PAYMENTS, THE CASH VALUE THEREOF TO BE COMPUTED AS OF APRIL 30, 1953. HOWEVER, THIS AUTHORIZATION IS CONDITIONED UPON THE CONSENT OF THE AGENCY AND THE EMPLOYEE INVOLVED. IT IS UNDERSTOOD THAT MR. CLARKE HAS BEEN FURNISHED A STATEMENT OF HIS INDEBTEDNESS, AND IT IS ASSUMED HE WILL CONTACT THE PROPER OFFICIAL OF YOUR ADMINISTRATION IN THE EVENT HE DESIRES THAT SUCH ANNUAL LEAVE BE USED IN THE MANNER INDICATED. PROPER NOTIFICATION OF ANY ACTION IN THAT RESPECT SHOULD ALSO BE FURNISHED TO THIS OFFICE. BY HIM IN 1950, HE IS NOT TNTITLED TO ANY ANNUAL LEAVE BALANCE AT THE ..END :