B-124940, AUG. 1, 1956

B-124940, AUG. 1, 1956

TO JOHN C. WILLIAMS, ESQUIRE:

THERE HAS BEEN CONSIDERED YOUR INQUIRY RELATIVE TO THE CLAIM OF MR. C. E. CRAWFORD, AN EMPLOYEE OF THE UNITED STATES NAVY YARD, CHARLESTON, SOUTH CAROLINA.

MR. CRAWFORD'S CLAIM, PREVIOUSLY DISALLOWED, WHICH ACTION WAS SUSTAINED UPON RECONSIDERATION AT THE REQUEST OF THE HONORABLE L. MENDEL RIVERS, MEMBER OF CONGRESS, IS FOR RECOVERY OF THE SUMS HE ADMINISTRATIVELY WAS CHARGED FOR QUARTERS AND UTILITIES FURNISHED INCIDENT TO HIS EMPLOYMENT AT THE NAVY YARD.

FROM MAY 1943, WHEN MR. CRAWFORD WAS ASSIGNED TO A POSITION WITHIN THE CLASSIFICATION ACT OF 1923, 42 STAT. 1488, LATER SUPERSEDED BY THE CLASSIFICATION ACT OF 1949, 63 STAT. 954, HE HAS BEEN CHARGED FOR THE GOVERNMENT QUARTERS OCCUPIED BY HIM AND HIS FAMILY. PRIOR TO THE CHANGE OF EMPLOYMENT STATUS MR. CRAWFORD WAS A PER DIEM EMPLOYEE WHOSE RATE OF COMPENSATION WAS ADMINISTRATIVELY DETERMINED. AS PART OF THE COMPENSATION OF THAT POSITION HE WAS FURNISHED QUARTERS AND UTILITIES.

UPON MR. CRAWFORD'S CHANGE OF EMPLOYMENT STATUS IN MAY 1943, HIS BASIC COMPENSATION WAS NO LONGER ADMINISTRATIVELY PRESCRIBED BUT A MATTER OF STATUTORY LAW, THE CLASSIFICATION ACTS. EXCEPT AS OTHERWISE AUTHORIZED BY LAW, HIS SALARY CANNOT BE AUGMENTED BY "ANY ADDITIONAL PAY, EXTRA ALLOWANCE, OR COMPENSATION, IN ANY FORM WHATEVER.' 5 U.S.C. 70.

MR. CRAWFORD'S CLAIM FOR REFUND OF THE CHARGES MADE IS PREDICATED UPON SECTION 3 OF THE ACT OF MARCH 5, 1928, 5 U.S.C. 75A, WHICH PROVIDES:

"THE HEAD OF AN EXECUTIVE DEPARTMENT OR INDEPENDENT ESTABLISHMENT, WHERE, IN HIS JUDGMENT, CONDITIONS OF EMPLOYMENT REQUIRE IT, MAY CONTINUE TO FURNISH CIVILIANS EMPLOYED IN THE FIELD SERVICE WITH QUARTERS, HEAT, LIGHT, HOUSEHOLD EQUIPMENT, SUBSISTENCE, AND LAUNDRY SERVICE; AND APPROPRIATIONS OF THE CHARACTER USED BEFORE MARCH 5, 1928, FOR SUCH PURPOSES ARE MADE AVAILABLE THEREFOR: PROVIDED, THAT THE REASONABLE VALUE OF SUCH ALLOWANCES SHALL BE DETERMINED AND CONSIDERED AS PART OF THE COMPENSATION IN FIXING THE SALARY RATE OF SUCH CIVILIANS.'

THAT SECTION, GIVING DUE EFFECT TO THE PROVISO, DOES NOT CONTEMPLATE THE ENHANCEMENT OF AN EMPLOYEE'S SALARY BY THE VALUE OF THE QUARTERS AND SERVICES FURNISHED; BUT, QUITE THE CONTRARY, IT CONTEMPLATES THE REDUCTION OF THE MONETARY SALARY BY THE VALUE OF THE QUARTERS AND SERVICES FURNISHED. AND IN THE CASE OF AN EMPLOYEE OCCUPYING A CLASSIFICATION ACT POSITION, IT CANNOT REASONABLY BE CONSIDERED AS AUTHORITY TO AUGMENT THE COMPENSATION PRESCRIBED BY LAW. SEE 9 COMP. GEN. 528. CF. 5 COMP. GEN. 957.

UPON CONSIDERATION OF THE MATTERS CONTAINED IN YOUR LETTER, WE FIND NO BASIS FOR A CONCLUSION OTHER THAN THAT PREVIOUSLY REACHED, THAT, IN VIEW OF THE PROVISIONS OF THE ACT OF 1928, WHICH DO NOT AUTHORIZE THE FURNISHING OF QUARTERS WITHOUT CHARGE, AND THE PROHIBITION AGAINST EXTRA ALLOWANCES IN 5 U.S.C. 70, THE ADMINISTRATIVE PRACTICE OF CHARGING MR. CRAWFORD FOR THE QUARTERS AND UTILITIES FURNISHED HIM WAS PROPER. HOWEVER, AS STATED IN OUR LETTER TO CONGRESSMAN RIVERS, IT MAY BE THAT MR. CRAWFORD HAS A CLAIM UNDER THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, 5 U.S.C. 901 ET SEQ., FOR ADDITIONAL COMPENSATION FOR OVERTIME SERVICES RENDERED. IF MR. CRAWFORD IS OF THE VIEW THERE IS ANY ADDITIONAL SUM DUE HIM AS OVERTIME COMPENSATION, SUCH A CLAIM WILL BE ENTERTAINED BY OUR OFFICE TO THE EXTENT NOT BARRED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A.