B-124671, NOV 28, 1955

B-124671: Nov 28, 1955

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PRECIS-UNAVAILABLE REFERENCE IS MADE TO THE LETTER DATED JULY 7. OFFICIALLY ARE ON AN EIGHT HOUR. FOR THE PURPOSES OF THIS DECISION THEIR HOURS OF DUTY WILL BE CONSIDERED AS STANDARDIZED THROUGHOUT THE UNITED STATES AT 8:30 A.M. THESE ACTIVITIES CANNOT BE CONFINED TO A RIGID DAILY WORK SCHEDULE AND IN MOST INSTANCES ARE NOT SUBJECT TO ADMINISTRATIVE CONTROL. DIFFERING IN THIS RESPECT FROM THAT OF THE ORDINARY GOVERNMENT TRAVELER WHOSE MAJOR DUTIES ARE CONFINED TO AN OFFICE. PRISONERS ARE TRANSPORTED BY COMMON CARRIER AND BY PERSONALLY OWNED AUTOMOBILES. OFFICIAL CARS ARE NOT SUPPLIED DEPUTIES. IT IS STATED IN THE LETTER THAT THE USE OF PRIVATE AUTOMOBILES HAS BEEN ENCOURAGED BECAUSE OF THE ECONOMY THAT RESULTS IN TRANSPORTING TWO OR THREE PRISONERS WITH THE TWO OFFICIAL TRAVELERS (DEPUTY AND GUARD) AS COMPARED WITH COMMON CARRIER COSTS AND THAT.

B-124671, NOV 28, 1955

PRECIS-UNAVAILABLE

REFERENCE IS MADE TO THE LETTER DATED JULY 7, 1955, FROM THE ADMINISTRATIVE ASSISTANT ATTORNEY GENERAL PRESENTING A NUMBER OF QUESTIONS INVOLVED IN THE PAYMENT OF OVERTIME COMPENSATION TO UNITED STATES MARSHALS AND THEIR DEPUTIES WHILE IN AN OFFICIAL TRAVEL STATUS.

THOUGH SUBJECT TO CALL AT ANY HOUR DAY OR NIGHT, MARSHALS AND DEPUTY MARSHALS, HEREINAFTER REFERRED TO FOR CONVENIENCE AS DEPUTIES, OFFICIALLY ARE ON AN EIGHT HOUR, FIVE DAY WEEK. FOR THE PURPOSES OF THIS DECISION THEIR HOURS OF DUTY WILL BE CONSIDERED AS STANDARDIZED THROUGHOUT THE UNITED STATES AT 8:30 A.M. TO 5:00 P.M. WITH ONE-HALF HOUR FOR LUNCH, MONDAY THROUGH FRIDAY. THE DEPUTIES PERFORM CONSIDERABLE OFFICIAL TRAVEL IN THE TRANSPORTATION OF PRISONERS AND THE SERVICE OF PROCESS. THESE ACTIVITIES CANNOT BE CONFINED TO A RIGID DAILY WORK SCHEDULE AND IN MOST INSTANCES ARE NOT SUBJECT TO ADMINISTRATIVE CONTROL. TRAVEL CONSTITUTES A MAJOR PART OF THE WORK ASSIGNMENT TO THESE OFFICIALS, DIFFERING IN THIS RESPECT FROM THAT OF THE ORDINARY GOVERNMENT TRAVELER WHOSE MAJOR DUTIES ARE CONFINED TO AN OFFICE, PLANT, OR OTHER INSTALLATION. PRISONERS ARE TRANSPORTED BY COMMON CARRIER AND BY PERSONALLY OWNED AUTOMOBILES. OFFICIAL CARS ARE NOT SUPPLIED DEPUTIES. IT IS STATED IN THE LETTER THAT THE USE OF PRIVATE AUTOMOBILES HAS BEEN ENCOURAGED BECAUSE OF THE ECONOMY THAT RESULTS IN TRANSPORTING TWO OR THREE PRISONERS WITH THE TWO OFFICIAL TRAVELERS (DEPUTY AND GUARD) AS COMPARED WITH COMMON CARRIER COSTS AND THAT, IN RECENT YEARS, THE DEPARTMENT OF JUSTICE HAS ENDEAVORED, WITH CONSIDERABLE SUCCESS, TO HAVE PRISONERS TRANSPORTED ON BOTH THE GOING AND RETURNING TRIPS, THEREBY REDUCING THE TRAVELING EXPENSES CHARGEABLE TO THE APPROPRIATION.

OVERTIME COMPENSATION IS AUTHORIZED FOR PER ANNUM EMPLOYEES BY THE PROVISIONS OF SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 296, FOR ALL HOURS OF WORK IN EXCESS OF 40 HOURS IN ANY ADMINISTRATIVE WORKWEEK. OVERTIME FOR SUCH EMPLOYEES IS NOT ALLOWABLE FOR TRAVEL TIME OUTSIDE THE REGULARLY SCHEDULED ADMINISTRATIVE WORKWEEK, OTHER THAN REGULARLY SCHEDULED OVERTIME HOURS, UNLESS THE TRAVEL IS PERFORMED UNDER ARDUOUS CONDITIONS MAKING THE TRAVEL INSEPARABLE FROM WORK OR WHEN THE TRAVEL INVOLVES THE ACTUAL PERFORMANCE OF WORK. SEE SECTION 204 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS ADDED BY SECTION 205(B) OF THE ACT OF SEPTEMBER 1, 1954, PUBLIC LAW 763. ALSO SEE 27 COMP. GEN. 613.

THE VARIOUS QUESTIONS SUBMITTED WILL BE ANSWERED IN THE ORDER PRESENTED.

"1. DEPUTY FROM MINNESOTA DELIVERED PRISONER TO TERRA HAUTE PENITENTIARY LATE ONE AFTERNOON, WHERE HE LEARNED THAT THE INDIANAPOLIS MARSHAL HAD A PRISONER FOR MINNEAPOLIS. IN ORDER TO GET AN EARLY START THE FOLLOWING MORNING ON THE RETURN TRIP, THE DEPUTY LEFT TERRA HAUTE AT 4:00 P.M. AND DROVE TO INDIANAPOLIS, 71 MILES AWAY, ARRIVING AT 6:00 P.M. IS THE BETWEEN 5:00 AND 6:00 P.M. CREDITABLE AS OVERTIME, SINCE IT WAS EXTRA TRAVEL TIME FOR THE PURPOSE OF COOPERATING IN THE DEPARTMENT'S PROGRAM OF DOUBLING UP ON PRISONER TRANSPORTATION? THE DEPARTMENT HOPES FOR A FAVORABLE RESPONSE ON THIS POINT. IF NOT CREDITABLE, MAY THE DEPUTY PROPERLY DECLINE TO TRAVEL BEYOND HIS NORMAL HOURS OF DUTY, PICKING UP HIS JOURNEY TO INDIANAPOLIS THE NEXT DAY? YOUR DECISION IN 32 C.G. 248 (31 COMP. GEN. 278) HAS NOT BEEN OVERLOOKED. HOWEVER, THE EMPLOYEE CONTENTION IS THAT HE IS ON AN 8 HOUR DAY, 40 HOUR WEEK. OVERTIME BEYOND THAT TIME SHOULD BE COMPENSABLE, HE CONTENDS, AND IF NOT, HE CONTENDS FURTHER, HE SHOULD STOP AT THE POINT HE HAD ARRIVED WHEN HIS DAY HAD BEEN COMPLETED. BEARING IN MIND THAT THE DEPARTMENT'S PROGRAM REQUIRES THE VOLUNTARY COOPERATION OF THE DEPUTIES TO BE FULLY EFFECTIVE, A LIBERAL APPROACH TO CREDITING SUCH TRAVEL TIME WOULD BE CONDUCIVE TO BEST RESULTS. NOT ONLY IS THE DEPARTMENT LIKELY TO SAVE IN ITS TRAVEL FUNDS, BUT THERE WILL BE A SAVING OF EXPERIENCED MANPOWER THROUGH NOT EXTENDING TRIPS INTO SUCCEEDING DAYS."

IN VIEW OF THE FACT THAT THE TRAVEL IN QUESTION IS OUTSIDE THE EMPLOYEE'S REGULARLY SCHEDULED TOUR OF DUTY, DOES NOT INVOLVE THE PERFORMANCE OF WORK, AND IS NOT CARRIED OUT UNDER ARDUOUS CONDITIONS, THE TIME SPENT THEREIN MAY NOT BE CREDITED AS OVERTIME. 30 COMP. GEN. 72. ALSO, THE EMPLOYEE MAY NOT RIGHTLY REFUSE TO UNDERTAKE THE TRAVEL SO ORDERED SOLELY BECAUSE OF THE NONPAYMENT OF COMPENSATION FOR TRAVEL TIME. 31 COMP. GEN. 278.

"2. ON SUCH A PRISONER TRANSPORTATION TRIP, THE DEPUTY IS IN ACTUAL CHARGE OF THE PRISONER FROM TIME OF DEPARTURE TO TIME OF ARRIVAL AT DESTINATION. ASSUMING A TRIP FROM 8:00 A.M. TO 5:00 P.M., IS THE DEPUTY CREDITABLE WITH ANY EXCESS TIME, SPECIFICALLY THE TIME FOR LUNCH, SAY 12:30 TO 1:00 P.M.? THE DEPUTY IS RESPONSIBLE FOR THE PRISONER, AND CONTENDS HE IS WORKING DURING THE PERIOD THE NOONDAY MEAL IS EATEN BY BOTH DEPUTY AND PRISONER. WOULD THE DEPARTMENT BE IN ERROR IN ALLOWING CREDIT UNDER THESE CIRCUMSTANCES?"

INASMUCH AS THE RESPONSIBILITY OF THE DEPUTY FOR THE SAFEKEEPING OF THE PRISONER CONTINUES DURING THE LUNCH PERIOD, HE MAY BE CONSIDERED AS PERFORMING WORK DURING THAT ONE-HALF HOUR. THE TIME IS CREDITABLE AS OVERTIME.

"3. ASSUMING THE DEPUTY, WITH PRISONERS, STARTS OUT BY TRAIN FROM WASHINGTON, D. C. AT 8:00 A.M. FOR THE WEST COAST. THE DEPUTY HAS THE PRISONER IN ACTUAL OR TECHNICAL CUSTODY THROUGHOUT THE ENTIRE TRIP. HE, OF COURSE, HAS A GUARD WITH HIM WHO CAN ALTERNATE IN GUARDING THE PRISONER. IS THE DEPARTMENT WITHIN ITS LEGAL RIGHTS IN RULING THAT EIGHT HOURS IS THE MAXIMUM NUMBER OF HOURS OVERTIME CREDITABLE IN ANY 24-HOUR PERIOD? (THIS IS ON THE ASSUMPTION THERE ARE 8 HOURS' WORK, 8 HOURS' REST AND RELAXATION, LEAVING A MAXIMUM OF 8 HOURS FOR O.T.)."

IT IS NOT UNREASONABLE TO ASSUME THAT UNDER THE CIRCUMSTANCES RELATED THE DEPUTY WOULD UTILIZE 8 HOURS OF THE DAY FOR REST AND RELAXATION. ON SUCH BASIS WE CONCLUDE THAT THE DEPARTMENT IS WITHIN ITS LEGAL RIGHTS IN RULING THAT 8 HOURS IS THE MAXIMUM NUMBER OF HOURS OVERTIME CREDITABLE IN ANY 24 HOUR PERIOD.

"4. DEPUTY LEAVES SALISBURY AT 11:20 A.M. SUNDAY ON CALL FROM THE SECRET SERVICE TO TAKE A PRISONER INTO CUSTODY AND COMMIT HIM TO JAIL. ARRIVES AT ALBEMARLE AT 1:30 P.M. ATTENDS TO MATTER, RETURNS TO SALISBURY ARRIVING AT 2:30 P.M.WE MAY ASSUME AN HOUR WAS TAKEN FOR LUNCH BETWEEN 11:20 A.M. AND 1:30 P.M. TRAVEL TO AND FROM ALBEMARLE WAS 'EMPTY' (WITHOUT PRISONER). ACTUAL HANDLING OF PRISONER AT ALBEMARLE TOOK ONLY A FEW MINUTES. WHAT PART, IF ANY, OF THE TIME BETWEEN 11:20 AND 2:30 IS CREDITABLE TOWARDS OVERTIME? SITUATIONS SUCH AS THIS ILLUSTRATE THE DIFFERENCE BETWEEN WORK PERFORMED BY DEPUTIES AND THAT OF THE AVERAGE GOVERNMENT EMPLOYEE. OFTEN THE ONLY EMPLOYEE AT A GIVEN POINT, WITHOUT AN OFFICIAL SUPERIOR TO ORDER OVERTIME, THE DEPUTY MUST ACCEPT RESPONSIBILITY AND ACT OFFICIALLY ON HIS OWN JUDGMENT."

AS THE TRAVEL WITHOUT PRISONER WAS NOT ARDUOUS AND DOES NOT INVOLVE THE ACTUAL PERFORMANCE OF WORK, THE TIME CONSUMED THEREIN MAY NOT BE CREDITED AS OVERTIME. HOWEVER, UNDER THE PROVISIONS OF SECTION 203 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, 68 STAT. 1110, THE EMPLOYEE IS TO BE CREDITED WITH TWO HOURS OVERTIME FOR THE ACTUAL HANDLING OF THE PRISONER.

"5. A TERM OF COURT WAS SET TO BEGIN MAY 30, MONDAY AND A HOLIDAY. WAS NECESSARY TO START FROM HEADQUARTERS AT 7:00 A.M. BY AUTOMOBILE WITH FILES, TYPEWRITER, CHECK EQUIPMENT, ETC., TO ARRIVE AT THE COURT TOWN AT 9:00 A.M. TO PREPARE FOR COURT CONVENING AT 10:00 A.M. IS THE TRAVEL BETWEEN 7:00 AND 8:00 CREDITABLE TOWARDS OVERTIME? DOES THE TRAVEL BETWEEN 8:00 AND 9:00 ENTITLE THE DEPUTY TO HOLIDAY PAY FOR THAT PERIOD ASSUMING THE 15% PREMIUM PAY IS NOT INVOLVED?"

THE MERE FACT THAT THE DEPUTY TAKES WITH HIM NECESSARY FILES, TYPEWRITER, CHECK EQUIPMENT, ETC., ITSELF IS NOT SUFFICIENT TO ESTABLISH THAT THE TRAVEL IN QUESTION INVOLVES THE PERFORMANCE OF WORK. ACCORDINGLY, THE DEPUTY WOULD NOT BE ENTITLED TO OVERTIME COMPENSATION FOR THE TRAVEL PERFORMED DURING THE PERIOD BETWEEN 7:00 A.M. AND 8:00 A.M.

THE CONSIDERATIONS UNDERLYING THE DECISIONS AUTHORIZING OVERTIME COMPENSATION FOR CERTAIN TYPES OF TRAVEL PERFORMED OUTSIDE AN EMPLOYEES' FORTY-HOUR WORKWEEK, ARE EQUALLY APPLICABLE TO TRAVEL PERFORMED ON HOLIDAYS WITHIN SUCH WORKWEEK. SEE 28 COMP. GEN. 547. THEREFORE, THE TRAVEL BETWEEN 8:00 A.M. AND 9:00 A.M. WOULD NOT ENTITLE THE DEPUTY TO HOLIDAY PAY FOR THE PERIOD.

"6. A DEPUTY LEFT LOS ANGELES BY AUTOMOBILE ON SATURDAY AT 7:00 A.M. FOR DEATH VALLEY, ROUGHLY 200 MILES AWAY, TO SERVE A SUBPOENA REQUIRING FORTHWITH APPEARANCE OF WITNESS IN CHICAGO. ON ARRIVING AT DESTINATION IT WAS FOUND THE WITNESS HAD LEFT THE AREA AND THE TRIP WAS FRUITLESS. WHAT PART OF THE TRAVEL IS CREDITABLE AS OVERTIME: (A) TIME ELAPSED ON ENTIRE ROUND TRIP; (B) TIME OF TRAVEL TO DESTINATION WHERE SERVICE WAS TO BE MADE; (C) ONLY TIME OF ATTEMPTING TO LOCATE INDIVIDUAL AFTER ARRIVAL AT DESTINATION? ASSUMING SERVICE HAD BEEN MADE ON ARRIVAL, HOW MUCH OF ROUND TRIP IS CREDITABLE?"

WE SEE NO OBJECTION TO TRAVEL TIME TO DEATH VALLEY, THE TIME SPENT IN ATTEMPTING TO LOCATE THE INDIVIDUAL (AND SERVING THE PROCESS, IF THE INDIVIDUAL IS LOCATED), BEING CONSIDERED AS WORK AND CREDITED AS OVERTIME.

"7. THE ESSENCE OF THIS QUESTION IS WHETHER HAVING PROCESS ON THE DEPUTY'S PERSON WHILE TRAVELING CONSTITUTES WORK WITHIN THE MEANING OF THE AMENDED SECTION 204 OF THE FEDERAL EMPLOYEES PAY ACT. THE KNOXVILLE, TENNESSEE, DEPUTY PROCEEDS TO THE ATLANTA, GEORGIA, PENITENTIARY ON MONDAY WITH A WRIT OF HABEAS CORPUS AD TESTIFICANDUM FOR A FEDERAL PRISONER, LEAVING AT 7:00 A.M. IN ORDER TO COMPLETE THE ROUND TRIP THE SAME DAY. ASSUMING, FOR THIS EXAMPLE, THE DEPUTY ACTUALLY RETURNS TO KNOXVILLE AT 7:00 P.M. HOW ARE THE HOURS OF TRAVEL TO BE HANDLED: (A) 7:00 A.M. TO 8:00 A.M., TRAVELING WITH PROCESS; (B) 5:00 P.M. TO 7:00 P.M., TRAVELING WITH PRISONER? WOULD YOUR ANSWER BE DIFFERENT, AND IN WHAT RESPECT, IF THIS TRAVEL WERE PERFORMED ON SUNDAY? IF INVOLVED, IT MAY BE ASSUMED THE PRISONER WAS TAKEN INTO CUSTODY AT 2:00 P.M."

THE FACT THAT THE DEPUTY HAS THE PROCESS ON HIS PERSON WHILE TRAVELING TO ATLANTA TO MAKE SERVICE MAY BE CONSIDERED SUFFICIENT TO CONSTITUTE THE TRAVEL AS WORK. THEREFORE THE TIME SPENT IN TRAVELING FROM 7:00 A.M. TO 8:00 A.M. IS TO BE CREDITED AS OVERTIME. THE PERIOD BETWEEN 5:00 P.M. AND 7:00 P.M. WHEN THE PRISONER IS IN THE DEPUTY'S CUSTODY MAY BE CONSIDERED AS TRAVEL INVOLVING THE PERFORMANCE OF WORK SO AS TO MAKE SUCH TIME CREDITABLE AS OVERTIME. IF THE TRAVEL WERE PERFORMED ON SUNDAY AND THE PRISONER IS TAKEN INTO CUSTODY AT 2:00 P.M., THE TIME CREDITABLE AS OVERTIME WOULD BE THE PERIOD 7:00 A.M. TO 7:00 P.M. EXCLUSIVE OF THE LUNCH PERIOD.

"8. IN AN ENDEAVOR TO ACCOMPLISH A DIFFICULT SERVICE THE DEPUTY STARTS AT 7:00 P.M. HE LIES IN WAIT UNTIL THE INDIVIDUAL RETURNS AT 10:00 P.M., MAKES THE SERVICE AND RETURNS TO HIS HOME AT 11:00 P.M. WHAT CREDIT IS ALLOWABLE? NOTE THAT THIS ILLUSTRATION INVOLVES ONE HOUR GOING, TWO HOURS WAITING TIME, A VERY FEW MINUTES TO MAKE THE ACTUAL SERVICE, AND AN HOUR RETURNING AFTER SERVING THE PROCESS."

THE TIME SPENT TRAVELING WITH PROCESS, LYING IN WAIT FOR THE INDIVIDUAL, AND IN SERVING THE PROCESS IS CREDITABLE AS OVERTIME. THE TIME SPENT IN RETURNING TO THE DEPUTY'S HOME IS NOT CREDITABLE AS OVERTIME.

"9. ASSUMING A DEPUTY IS REQUIRED ON SATURDAY TO GO TO THE APPROVED JAIL, TWENTY MILES AWAY, TO RELEASE A PRISONER WHO HAS MADE BOND, LEAVING AT 10:00 A.M., AND RETURNING AFTERWARDS TO HIS HOME AT 11:30 A.M. NOTE THERE IS NO PROCESS, ALTHOUGH THE TRAVEL IS PURSUANT TO NOTICE FROM THE UNITED STATES COMMISSIONER. WHAT CREDIT IS ALLOWABLE?"

THE TIME SPENT IN TRAVELING IS NOT CREDITABLE AS OVERTIME. HOWEVER, UNDER THE PROVISIONS OF SECTION 203, THE DEPUTY IS TO BE CREDITED WITH TWO HOURS OVERTIME.

"10. ASSUME THE DEPUTY'S HEADQUARTERS ARE AT WASHINGTON, D. C., AND HIS RESIDENCE IS ROCKVILLE, MARYLAND, BETWEEN WHICH HE TRAVELS EACH DAY. LEAVING THE OFFICE AT 4:00 P.M. HE SERVES PROCESS AT VARIOUS POINTS IN NORTHWEST WASHINGTON, MAKING A FINAL SERVICE AT WHEATON, MARYLAND, AT 6:00 P.M., AFTER HAVING SPENT APPROXIMATELY 20 MINUTES IN LOCATING THE INDIVIDUAL. HE THEN PROCEEDS HOME. IS ANY OF THIS TIME CREDITABLE AS OVERTIME?"

SINCE THE TRAVEL IN QUESTION INVOLVES THE SERVING OF PROCESS AT VARIOUS POINTS IT MAY BE CONCLUDED THAT SUCH TRAVEL IS INSEPARABLE FROM WORK. THEREFORE, THE DEPUTY MAY BE CREDITED WITH OVERTIME FOR THE PERIOD FROM 5:00 P.M. TO 6:00 P.M.

"11. IT IS DESIRABLE THAT OVERTIME PAYMENTS BE HANDLED IN UNITS OF PAY PERIODS. IT IS PROPOSED, THEREFORE, THAT ALL FRACTIONAL HOURS OF OVERTIME BE TOTALED AND CONVERTED TO WHOLE HOURS FOR THE PAY PERIOD. ASSUMING THAT THE TOTAL COMES TO THREE HOURS, THIRTY MINUTES, WHAT DISPOSITION IS TO BE MADE OF FRACTIONAL HOURS, CONSIDERING THAT THE PAY TABLES ARE BASED ON UNITS OF HOURS? WOULD THE DEPARTMENT BE JUSTIFIED IN MAKING PAYMENT FOR HALF OR QUARTER HOUR FRACTIONS, AND TO WHAT EXTENT MAY ODD MINUTES BE DISREGARDED? ADMINISTRATIVELY, IT WOULD BE DESIRABLE TO DISREGARD UNITS OF LESS THAN ONE-HALF HOUR WHEN PAYING FOR A FULL PAY PERIOD." THE WORDS "HOURS OF WORK" AS USED IN SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, 68 STAT. 1109, DENOTE MERELY A BASIC UNIT OF TIME FOR COMPUTING A PERIOD DURING WHICH OVERTIME SERVICE IS PERFORMED AND DO NOT PRECLUDE THE CONSIDERATION OF FRACTIONAL PARTS OF AN HOUR. IN THE ABSENCE OF ANY PROVISION IN THE LAW OR THE FEDERAL EMPLOYEES PAY REGULATIONS TO THE CONTRARY, IT IS WITHIN YOUR ADMINISTRATIVE DISCRETION TO PROVIDE BY REGULATION THAT OVERTIME SERVICE BE RECORDED AND PAID FOR IN MINIMUM PERIODS OF EITHER QUARTER OR HALF HOUR DURATION WITH ODD MINUTES BEING DISREGARDED. SEE 25 COMP. GEN. 121.

"12. SINCE MARSHALS ARE REQUIRED TO BE ON CALL TO SERVE EMERGENCY COURT PROCESS AT ANY TIME OF THE DAY OR WEEK, IT IS NECESSARY TO HAVE DEPUTIES AVAILABLE AT ALL TIMES, PARTICULARLY IN PORT TOWNS LIKE NEW ORLEANS WHERE, TO BE SPECIFIC, SHIPS ARRIVE AND LEAVE AT ANY AND ALL HOURS. IT IS THE PRACTICE IN SOME OF THESE DISTRICTS AND COULD BE AN OCCURRENCE IN ANY DISTRICT THAT ONE OR MORE DEPUTIES, IN ROTATION, ARE REQUIRED TO REMAIN ON THEIR HOME PREMISES SUBJECT TO EMERGENCY CALLS DURING THEIR OFF DUTY HOURS AND DAYS. MAY SUCH TIME BE INCLUDED AS OVERTIME? IF YOUR ANSWER IS IN THE NEGATIVE WOULD IT MAKE ANY DIFFERENCE IF THE ADMINISTRATIVE OFFICER REQUIRED THE DEPUTY TO REPORT FOR DUTY AT THE OFFICE FOR STANDBY ON SATURDAY AND/OR SUNDAY?"

A DEPUTY WHO UNDER THE RELATED CIRCUMSTANCES WHEN HIS WHEREABOUTS ARE NARROWLY LIMITED AND HIS ACTIVITIES ARE SUBSTANTIALLY RESTRICTED IS REQUIRED ACCORDING TO A SCHEDULE ESTABLISHED IN ADVANCE TO REMAIN IN HIS LIVING QUARTERS, MAY BE CREDITED WITH OVERTIME, IF ADMINISTRATIVELY AUTHORIZED, FOR SUCH PERIODS. HOWEVER, CREDIT MAY NOT BE GIVEN FOR TIME ALLOWED BY ADMINISTRATIVE REGULATION FOR SLEEP AND MEALS.

"ILLUSTRATION NO. 10 INVOLVES A CONSTRUCTION OF LANGUAGE IN PARAGRAPH 12A OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, STATING THAT WHEN ENGAGED ON OFFICIAL BUSINESS WITHIN OR OUTSIDE THEIR DESIGNATED POSTS OF DUTY OR PLACES OF SERVICE "*** THE MILEAGE RATE AS AUTHORIZED OR APPROVED MAY BE PAID FROM WHATEVER POINT THE EMPLOYEE *** BEGINS HIS JOURNEY.' FOR WHAT TRAVEL MAY THE DEPUTY BE PAID MILEAGE UNDER THE FACTS OF QUESTION NO. 10? IF HE RETURNED TO THE OFFICE AT 5:00 P.M., PERHAPS BEFORE COMPLETING THE MAJOR PART OF THE SERVICES ON HAND, HE COULD CLAIM MILEAGE OUT AND BACK. HE WOULD GET HIMSELF HOME AT HIS OWN EXPENSE. THEN THE NEXT MORNING HE COULD RESUME WHERE HE LEFT OFF. IF PAID MILEAGE FOR THE GOING TRIP ONLY, AS FAR AS WHEATON, AND HE THEN PROCEEDED HOME AT HIS OWN EXPENSE, THE GOVERNMENT WOULD PAY LESS AND ACCOMPLISH MORE WORK WITH LESS MANPOWER LOSS. IF PERMITTED TO DO SO, THE DEPARTMENT WILL ATTEMPT TO DRAW UP SPECIAL TRAVEL REGULATIONS TO SAFEGUARD THE GOVERNMENT'S INTERESTS AND STILL PAY MILEAGE FOR WHAT IN THE FINAL ANALYSIS IS ACTUALLY OFFICIAL TRAVEL."

THE DECISIONS OF THIS OFFICE IN RESPECT TO MILEAGE BETWEEN AN EMPLOYEE'S HOME AND HIS OFFICIAL HEADQUARTERS WHEN DUTY IS PERFORMED EN ROUTE ARE TO THE EFFECT THAT AN EMPLOYEE UNDER SUCH CIRCUMSTANCES IS ENTITLED ONLY TO THE MILEAGE IN EXCESS OF THAT NORMALLY TRAVELED IN REPORTING TO HIS HEADQUARTERS EACH MORNING AND IN RETURNING HOME AT THE END OF THE DAY. COMP. GEN. 572 AND B-50466, JULY 18, 1945. WHILE THE ABOVE DECISIONS INVOLVED EMPLOYEES SUBJECT TO THE AUTOMOBILE MILEAGE LAW (ACT OF FEBRUARY 14, 1931, AS AMENDED) THEN APPLICABLE TO GOVERNMENT EMPLOYEES GENERALLY, THEY LIKEWISE ARE APPLICABLE TO TRAVEL UNDER THE SPECIAL STATUTE (28 U.S.C. 553) AUTHORIZING MILEAGE FOR USE OF PRIVATELY OWNED AUTOMOBILES TO UNITED STATES MARSHALS AND THEIR DEPUTIES AT NOT TO EXCEED TEN CENTS PER MILE WHILE ENGAGED IN "OFFICIAL BUSINESS" WHEN AUTHORIZED OR APPROVED AS MORE ADVANTAGEOUS FOR THE GOVERNMENT. B-120712, DECEMBER 3, 1954. ALSO, THE FACT THAT UNDER PRESENT LAW AND REGULATIONS AN EMPLOYEE MAY BE PAID MILEAGE FOR OFFICIAL TRAVEL PERFORMED WITHIN OR OUTSIDE HIS DESIGNATED POST OF DUTY FROM WHATEVER POINT HE BEGINS HIS JOURNEY DOES NOT AFFECT THE APPLICABILITY OF THE ABOVE-STATED RULE. YOUR QUESTION IS ANSWERED ACCORDINGLY.