B-115819, JULY 16, 1953, 33 COMP. GEN. 36

B-115819, JULY 16, 1953, 33 COMP. GEN. 36

COMPENSATION - HOLIDAYS - DECEMBER 26, 1952 - EMPLOYEES OF DISTRICT OF COLUMBIA EXECUTIVE ORDER NO. 10417 A WHICH EXCUSED FEDERAL EMPLOYEES FROM DUTY DECEMBER 26, 1952, WAS APPLICABLE ONLY TO FEDERAL EMPLOYEES AND COULD NOT BE CONSTRUED AS GRANTING A HOLIDAY FOR PAY AND LEAVE PURPOSES TO POLICE OR OTHER EMPLOYEES OF THE DISTRICT OF COLUMBIA, AND THEREFORE, EMPLOYEES OF THE DISTRICT OF COLUMBIA, INCLUDING MEMBERS OF THE METROPOLITAN POLICE FORCE, WHO WORKED ON DECEMBER 26, 1953, ARE NOT ENTITLED TO HOLIDAY PAY FOR THAT DAY.

ACTING COMPTROLLER GENERAL FISHER TO THE PRESIDENT, BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA, JULY 16, 1953:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 16, 1953, REQUESTING DECISION WHETHER MEMBERS OF THE METROPOLITAN POLICE DEPARTMENT OF THE DISTRICT OF COLUMBIA ARE ENTITLED TO HOLIDAY PAY FOR WORKING DECEMBER 26, 1952.

THE ACT OF OCTOBER 24, 1951, PUBLIC LAW 195, 65 STAT. 607, AUTHORIZES THE PAYMENT OF DOUBLE COMPENSATION TO MEMBERS OF THE METROPOLITAN POLICE REQUIRED TO WORK SIX OR MORE HOURS ON ANY HOLIDAY, AND SECTION 2 OF THAT ACT DEFINED THE WORD,"HOLIDAY," AS FOLLOWS:

AS USED IN THIS ACT THE WORD "HOLIDAY" MEANS THE FOLLOWING: THE ST DAY OF JANUARY, THE 22D DAY OF FEBRUARY, THE 4TH DAY OF JULY, THE 30TH DAY OF MAY, THE FIRST MONDAY IN SEPTEMBER, THE 11TH DAY OF NOVEMBER, THANKSGIVING DAY, THE 25TH DAY OF DECEMBER, AND SUCH OTHER DAYS DESIGNATED BY EXECUTIVE ORDER.

EXECUTIVE ORDER NO. 10417A OF DECEMBER 6, 1952, PROVIDED AS FOLLOWS:

BY VIRTUE OF THE AUTHORITY VESTED IN ME AS PRESIDENT OF THE UNITED STATES, IT IS HEREBY ORDERED THAT THE SEVERAL EXECUTIVE DEPARTMENTS, INDEPENDENT ESTABLISHMENTS AND OTHER GOVERNMENTAL AGENCIES IN THE METROPOLITAN AREA OF THE DISTRICT OF COLUMBIA, INCLUDING THE GENERAL ACCOUNTING OFFICE, THE GOVERNMENT PRINTING OFFICE, AND THE NAVY YARD AND NAVAL STATIONS, SHALL BE CLOSED ALL DAY ON FRIDAY, DECEMBER 26, 1952, THE DAY FOLLOWING CHRISTMAS DAY; AND ALL EMPLOYEES IN THE FEDERAL SERVICE IN THE METROPOLITAN AREA OF THE DISTRICT OF COLUMBIA, AND IN THE FIELD SERVICE OF THE EXECUTIVE DEPARTMENTS, INDEPENDENT ESTABLISHMENTS, AND OTHER AGENCIES OF THE GOVERNMENT, EXCEPT THOSE WHO MAY FOR SPECIAL PUBLIC REASONS BE EXCLUDED FROM THE PROVISIONS OF THIS ORDER BY THE HEADS OF THEIR RESPECTIVE DEPARTMENTS, ESTABLISHMENTS, OR AGENCIES, OR THOSE WHOSE ABSENCE FROM DUTY WOULD BE INCONSISTENT WITH THE PROVISIONS OF EXISTING LAW, SHALL BE EXCUSED FROM DUTY ON THAT DAY.

YOU STATE THAT WHEN THE EXECUTIVE ORDER CAME TO THE ATTENTION OF THE COMMISSIONERS, CAREFUL CONSIDERATION WAS GIVEN TO THE EFFECT OF THE DOUBLE TIME COST AND THE SUFFICIENCY OF THE APPROPRIATIONS OF THE DISTRICT OF COLUMBIA, AND AS A RESULT OF SUCH CONSIDERATION THE FOLLOWING INSTRUCTIONS WERE ISSUED TO THE DEPARTMENTAL HEADS OF THE DISTRICT ON DECEMBER 11, 1952:

THE COMMISSIONERS, AT THEIR BOARD MEETING ON THURSDAY, DECEMBER 11, 1952, CONSIDERED THE EXECUTIVE ORDER OF THE PRESIDENT, DATED DECEMBER 6, 1952, EXCUSING FEDERAL EMPLOYEES FROM DUTY ON FRIDAY, DECEMBER 26, 1952, WITH A VIEW TO ADOPTING A SIMILAR POLICY FOR DISTRICT EMPLOYEES.

HOWEVER, THE COMMISSIONERS ARE ADVISED THAT IN PREVIOUS CASES, WHERE EMPLOYEES WERE EXCUSED ON NORMAL WORK DAYS, THE COMPTROLLER GENERAL RULED THAT IT WOULD MEAN THE PAYMENT OF HOLIDAY PAY (DOUBLE TIME) FOR THOSE EMPLOYEES REQUIRED TO WORK ON THAT DAY.

AN EXAMINATION OF DISTRICT FINANCES REVEALS THAT THEY ARE IN NO CONDITION TO WITHSTAND THE ADDITIONAL COST INVOLVED.

THE COMMISSIONERS, THEREFORE, HAVE DIRECTED THAT THE FOLLOWING POLICY BE ADOPTED:

"THAT THE HEADS OF DEPARTMENTS AND AGENCIES OF THE DISTRICT OF COLUMBIA GOVERNMENT BE EXTREMELY LIBERAL IN THE GRANTING OF ANNUAL LEAVE TO EMPLOYEES IN THE DISTRICT SERVICE ON FRIDAY, DECEMBER 26, 1952, AND ON FRIDAY, JANUARY 2, 1953, RESPECTIVELY.'

THE ABOVE EXECUTIVE ORDER NO. 10417A WAS APPLICABLE ONLY TO FEDERAL EMPLOYEES; CONSEQUENTLY, IT COULD NOT BE CONSTRUED AS GRANTING A HOLIDAY FOR PAY AND LEAVE PURPOSES TO POLICE OR OTHER EMPLOYEES OF THE DISTRICT OF COLUMBIA. 10 COMP. GEN. 327. IN ACCORDANCE WITH THE ACTION TAKEN BY THE BOARD OF COMMISSIONERS AS ABOVE RECITED, EMPLOYEES OF THE DISTRICT OF COLUMBIA, INCLUDING MEMBERS OF THE METROPOLITAN POLICE FORCE WHO WORKED ON DECEMBER 26, 1952, ARE NOT ENTITLED TO DOUBLE COMPENSATION FOR SUCH SERVICES.