B-142378, MAY 2, 1960

B-142378: May 2, 1960

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WE NOTE THAT FORM 1128A WAS RECEIVED WITH THE SUPPORTING PAPERS INSTEAD OF FORM 1128. WHICH IS LISTED IN YOUR LETTER AS AN ENCLOSURE. THAT REQUIREMENT WILL BE WAIVED HERE BECAUSE IT IS EVIDENT THAT THE ORIGINAL IS BEFORE YOU FOR CONSIDERATION. PAYMENT WAS DENIED BY YOUR OFFICE BECAUSE "THE OVERTIME WAS NOT REPORTED WHEN WORKED. YOUR OFFICE AGAIN DENIED PAYMENT BECAUSE "THERE IS NOTHING OF RECORD TO INDICATE THAT MR. " AND ALSO BECAUSE "THERE IS NOTHING TO INDICATE THAT DURING THE PERIOD DECEMBER 1. THAT HE WAS AUTHORIZED TO WORK THE NECESSARY OVERTIME TO SUPERVISE THE WORK IS SUBSTANTIATED IN A MEMORANDUM OF MR. HEDGPETH REFERS TO THE "EMPLOYEES HANDBOOK" OF THE BUREAU OF PUBLIC ROADS AND QUOTES FROM PAGE III-4 ( 6/1/56 ( AS FOLLOWS: "WHENEVER YOU ARE OFFICIALLY REQUIRED TO WORK BEYOND THE REGULAR WORK WEEK.

B-142378, MAY 2, 1960

TO MR. P. S. SHINN, JR., AUTHORIZED CERTIFYING OFFICER, BUREAU OF PUBLIC ROADS:

YOUR LETTER OF MARCH 21, 1960, FILE NO. 24-24, REQUESTS OUR DECISION CONCERNING THE LEGALITY OF CERTIFYING A VOUCHER SUBMITTED TO YOU FOR CERTIFICATION FOR PAYMENT OF 251 HOURS OF OVERTIME AND 20 HOURS HOLIDAY WORK ALLEGEDLY PERFORMED DURING THE PERIOD NOVEMBER 18, 1956, TO MAY 4, 1957, BY ARTHUR L. JOHNSON, A HIGHWAY ENGINEER, AT THE DIRECTION OF L. STERLING HEDGPETH, DISTRICT ENGINEER FOR THE BUREAU OF PUBLIC ROADS IN LIBERIA.

WE NOTE THAT FORM 1128A WAS RECEIVED WITH THE SUPPORTING PAPERS INSTEAD OF FORM 1128, WHICH IS LISTED IN YOUR LETTER AS AN ENCLOSURE. ORDINARILY, THE "ORIGINAL" VOUCHER (AS DISTINGUISHED FROM THE "MEMORANDUM") PRESENTED TO A CERTIFYING OFFICER MUST ACCOMPANY THE REQUEST FOR A DECISION ON ANY QUESTION OF LAW INVOLVED IN THE CERTIFICATION OF THE VOUCHER. 26 COMP. GEN. 797. HOWEVER, THAT REQUIREMENT WILL BE WAIVED HERE BECAUSE IT IS EVIDENT THAT THE ORIGINAL IS BEFORE YOU FOR CONSIDERATION.

YOU SAY THAT ON JUNE 5, 1958, PAYMENT WAS DENIED BY YOUR OFFICE BECAUSE "THE OVERTIME WAS NOT REPORTED WHEN WORKED," AND ON JUNE 20, 1958, YOUR OFFICE AGAIN DENIED PAYMENT BECAUSE "THERE IS NOTHING OF RECORD TO INDICATE THAT MR. HEDGPETH INTENDED TO REQUEST OVERTIME PAY FOR MR. JOHNSON UNTIL AFTER COMPLETION OF MR. JOHNSON'S ASSIGNMENT," AND ALSO BECAUSE "THERE IS NOTHING TO INDICATE THAT DURING THE PERIOD DECEMBER 1, 1956, THROUGH APRIL 20, 1957, MR. HEDGPETH MAINTAINED ANY RECORDS OF OVERTIME WORK PERFORMED BY MR. JOHNSON.'

THE RECORD DISCLOSES THAT MR. JOHNSON ACCEPTED A LIMITED APPOINTMENT TO LIBERIA, ICA-7, $7,320 PER ANNUM, FOR THE SPECIFIC ASSIGNMENT OF CONSTRUCTION SUPERINTENDENT FOR THE PROPOSED ASPHALTING PROJECT BETWEEN MONROVIA AND KAKATA. TO INSURE THE COMPLETION OF THE WORK BEFORE THE END OF THE DRY SEASON, THE CONTRACTOR AGREED TO DOUBLE HIS EQUIPMENT POTENTIAL AND TO WORK DOUBLE SHIFTS WHEN NECESSARY. IN ORDER TO CONTROL THE WORK MR. JOHNSON HAD TO MEET THE CONTRACTOR'S WORK SCHEDULE. THAT HE WAS AUTHORIZED TO WORK THE NECESSARY OVERTIME TO SUPERVISE THE WORK IS SUBSTANTIATED IN A MEMORANDUM OF MR. HEDGPETH DATED MAY 2, 1957, IN WHICH MR. HEDGPETH REFERS TO THE "EMPLOYEES HANDBOOK" OF THE BUREAU OF PUBLIC ROADS AND QUOTES FROM PAGE III-4 ( 6/1/56 ( AS FOLLOWS:

"WHENEVER YOU ARE OFFICIALLY REQUIRED TO WORK BEYOND THE REGULAR WORK WEEK, YOU WILL BE COMPENSATED BY ADDITIONAL PAY AT OVERTIME RATES OR BY TIME OFF FROM DUTY LATER.' IN THAT MEMORANDUM MR. HEDGPETH STATED THAT---

"ALTHOUGH NO OFFICIAL NOTICE IN WRITING WAS GIVEN TO MR. JOHNSON REQUESTING OVERTIME AND HOLIDAY WORK, IT WAS UNDERSTOOD FROM THE OUTSET OF PAYING OPERATIONS THAT HE WOULD BE ON THE PROJECT EVERY DAY THAT WORK WAS BEING PROSECUTED. THIS WAS IN ACCORDANCE WITH MY VERBAL REQUEST. IN VIEW OF THE FACT THAT THIS WAS THE FIRST EXPERIENCE OF THE DIVISION OF HIGHWAYS IN MACADAM CONSTRUCTION AND BECAUSE MR. JOHNSON WAS ASSIGNED TO ACT, PRACTICALLY, AS CONSTRUCTION SUPERINTENDENT IN CHARGE OF THE WORK, IT WAS FELT THAT THIS WAS NECESSARY. AS A RESULT OF THE CONSTANT SUPERVISION MR. JOHNSON GAVE TO THIS WORK, A VERY SATISFACTORY PAVEMENT APPEARS TO HAVE BEEN BUILT.'

MR. HEDGPETH SUBMITTED AS AN ATTACHMENT TO THAT MEMORANDUM AN UNDATED SUMMARY TIME AND ATTENDANCE REPORT, SHOWING IN DETAIL THE 271 HOURS OVERTIME AND HOLIDAY WORK ALLEGEDLY PERFORMED BY MR. JOHNSON. HE STATES SPECIFICALLY THAT THE ATTACHMENT CONTAINS "A LIST OF OVERTIME WORK PERFORMED BY MR. JOHNSON.' THE TIME AND ATTENDANCE REPORT IS CERTIFIED AS CORRECT BY A. G. GHIGLIONE, CHIEF OF THE FOREIGN PROJECTS DIVISION, BUREAU OF PUBLIC ROADS.

THE RECORD ALSO INCLUDES A FORM CD 81 DATED MAY 2, 1958, AUTHORIZING RETROACTIVELY, THE OVERTIME HERE INVOLVED, SUBMITTED PURSUANT TO SECTION 4.06 OF THE "MANUAL OF ORDERS" OF THE DEPARTMENT OF COMMERCE FOR THE PURPOSE OF SUPPORTING THE RELATED VOUCHER. THAT FORM IS SIGNED BY MR. GHIGLIONE AS THE REQUESTING OFFICER, AND PAUL F. ROYSTER APPEARS THEREON AS THE "AUTHORIZING OFFICER.'

THE OFFICIAL REGISTER OF THE UNITED STATES FOR 1958 SHOWS PAUL F. ROYSTER UNDER "BUREAU OF PUBLIC ROADS" AS "ASSISTANT TO THE FEDERAL HIGHWAY COMMISSIONER" AND ALSO AS THE RANKING OFFICER, TITLED "ASSISTANT COMMISSIONER," UNDER THE ORGANIZATION UNIT "OFFICE OF OPERATIONS" IN THE BUREAU OF PUBLIC ROADS.

SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, 5 U.S.C. 911, REQUIRES PAYMENT OF EXTRA COMPENSATION FOR OVERTIME HOURS "OFFICIALLY ORDERED OR APPROVED.' SECTION 302, 5 U.S.C. 922, REQUIRES PAYMENT OF EXTRA COMPENSATION TO EMPLOYEES WHO ARE REQUIRED TO PERFORM HOLIDAY WORK; AND SECTION 605, 5 U.S.C. 945, AUTHORIZES ISSUANCE BY THE CIVIL SERVICE COMMISSION OF "SUCH REGULATIONS * * * AS MAY BE NECESSARY FOR THE ADMINISTRATION OF * * * THIS ACT.' THE REGULATIONS PROVIDE THAT "NO OVERTIME * * * SHALL BE ORDERED OR APPROVED EXCEPT IN WRITING BY AN OFFICER OR EMPLOYEE TO WHOM * * * AUTHORITY HAS BEEN SPECIFICALLY DELEGATED BY THE HEAD OF THE DEPARTMENT.'

DEPARTMENT OF COMMERCE "MANUEL OF ORDERS PART 2," ISSUED JUNE 12, 1956, SECTION 3.03, PROVIDES FOR DELEGATION OF AUTHORITY TO THE HEAD OF EACH PRIMARY ORGANIZATION UNIT, OR HIS DESIGNATED REPRESENTATIVE, FOR ACTION AND DECISION IN MATTERS CONCERNING PREMIUM COMPENSATION. BY PARAGRAPH 7A "OVERTIME WORK," OF THE BUREAU OF PUBLIC ROADS ADMINISTRATIVE MEMORANDUM 1 -10.1 ISSUED AUGUST 5, 1957, THE FEDERAL HIGHWAY ADMINISTRATOR DELEGATED TO ASSISTANT COMMISSIONERS THE AUTHORITY TO ORDER OR APPROVE IRREGULAR OR OCCASIONAL OVERTIME DUTY.

IN THE ABSENCE OF EVIDENCE TO THE CONTRARY MR. HEDGPETH'S MEMORANDUM OF MAY 2, 1957 AND THE CERTIFICATION OF THE TIME AND ATTENDANCE REPORT BY MR. GHIGLIONE MAY BE ACCEPTED AS SATISFACTORY EVIDENCE THAT THE OVERTIME AND HOLIDAY WORK WERE PERFORMED BY MR. JOHNSON AS ALLEGED, AND MR. HEDGPETH'S MEMORANDUM DATED MAY 2, 1957, WARRANTS THE CONCLUSION THAT MR. JOHNSON WAS DIRECTED TO REMAIN ON DUTY IN EXCESS OF 40 HOURS PER WEEK. FINALLY, THE PROCESSING OF FORM CD 81 WARRANTS THE CONCLUSION THAT MR. JOHNS'S OVERTIME WAS APPROVED BY COMPETENT AUTHORITY IN ACCORDANCE WITH APPLICABLE REGULATIONS. THEREFORE, IN THIS PARTICULAR CASE, YOU MAY CERTIFY THE VOUCHER FOR PAYMENT AS STATED, IF OTHERWISE CORRECT.