B-142379, APR. 11, 1960

B-142379: Apr 11, 1960

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WHICH WAS TRANSMITTED HERE ON MARCH 23. THE RECORD SHOWS MISS TOPALIAN WAS COMMITTED TO THE STOCKTON STATE HOSPITAL ON DECEMBER 24. IS SAID TO BE $862.62. IT APPEARS THE AGGREGATE WHICH WILL ACCRUE DURING HER SICK LEAVE WILL EXCEED $1. 000 IT APPEARS THAT THE AMOUNT NOW DUE THE EMPLOYEE EXCEEDS THE LIMITATION PROVIDED UNDER SECTION 6661 FOR WHICH PAYMENT IS AUTHORIZED TO BE MADE TO THE SUPERINTENDENT. THERE IS NO AUTHORITY FOR THE PAYMENT OF ANY AMOUNT UNDER THE PROVISIONS OF THAT SECTION. WHO HAS NO GUARDIAN AND WHO HAS BEEN COMMITTED TO THE DEPARTMENT OF MENTAL HYGIENE FOR PLACEMENT IN ANY DESIGNATED STATE HOSPITAL OR STATE HOME FOR THE FEEBLE-MINDED IS THE OWNER OF ANY PROPERTY. TOGETHER WITH RELATED PAPERS IS RETURNED.

B-142379, APR. 11, 1960

TO MR. WILLIAM J. RIDER, AUTHORIZED CERTIFYING OFFICER, BUREAU OF RECLAMATION:

YOUR LETTER OF MARCH 11, 1960, REFERENCE 2-363, WHICH WAS TRANSMITTED HERE ON MARCH 23, 1960, BY THE CHIEF, DIVISION OF PROGRAM COORDINATION AND FINANCE, REQUESTS OUR DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT THE TRANSMITTED VOUCHER, COVERING SALARY DUE MISS DOROTHY TOPALIAN, AN EMPLOYEE OF THE DEPARTMENT OF THE INTERIOR TO THE SUPERINTENDENT OF THE STOCKTON STATE HOSPITAL, DEPARTMENT OF MENTAL HYGIENE, STATE OF CALIFORNIA.

THE RECORD SHOWS MISS TOPALIAN WAS COMMITTED TO THE STOCKTON STATE HOSPITAL ON DECEMBER 24, 1959. THE NET SALARY DUE HER FOR THE PERIOD NOVEMBER 29, 1959, TO FEBRUARY 20, 1960, IS SAID TO BE $862.62, AND IT APPEARS THE AGGREGATE WHICH WILL ACCRUE DURING HER SICK LEAVE WILL EXCEED $1,000. THE SUPERINTENDENT AND MEDICAL DIRECTOR OF THE HOSPITAL AVERS IN HIS AFFIDAVIT THAT NO GUARDIAN HAS BEEN APPOINTED FOR MISS TOPALIAN AND DEMANDS THAT ANY AMOUNT DUE HER BY THE GOVERNMENT BE PAID TO HIM PURSUANT TO SECTION 6661 OF THE WELFARE AND INSTITUTIONS CODE OF THE STATE OF CALIFORNIA, AS AMENDED. THAT SECTION AUTHORIZES PAYMENTS TO BE MADE TO THE SUPERINTENDENT OF THE STATE HOSPITAL OF AMOUNTS DUE A PATIENT COMMITTED TO THE DEPARTMENT OF MENTAL HYGIENE WHEN THE TOTAL AMOUNT OWING THE INCOMPETENT DOES NOT EXCEED ONE THOUSAND DOLLARS. ALTHOUGH THE NET SALARY DUE THE EMPLOYEE FOR THE PERIOD STATED ON THE VOUCHER AMOUNTS TO LESS THAN $1,000 IT APPEARS THAT THE AMOUNT NOW DUE THE EMPLOYEE EXCEEDS THE LIMITATION PROVIDED UNDER SECTION 6661 FOR WHICH PAYMENT IS AUTHORIZED TO BE MADE TO THE SUPERINTENDENT. THEREFORE, THERE IS NO AUTHORITY FOR THE PAYMENT OF ANY AMOUNT UNDER THE PROVISIONS OF THAT SECTION.

HOWEVER, SECTION 6660 OF THE WELFARE AND INSTITUTIONS CODE OF THE STATE OF CALIFORNIA PROVIDES A PROCEDURE FOR PAYMENTS, WITHOUT LIMITATION OF AGGREGATE AMOUNTS, FOR THE BENEFIT OF A PATIENT IN A STATE HOSPITAL WHO HAS NO GUARDIAN. SECTION 6660 OF THE CODE READS, IN PART, AS FOLLOWS:

"IF ANY INCOMPETENT PERSON, WHO HAS NO GUARDIAN AND WHO HAS BEEN COMMITTED TO THE DEPARTMENT OF MENTAL HYGIENE FOR PLACEMENT IN ANY DESIGNATED STATE HOSPITAL OR STATE HOME FOR THE FEEBLE-MINDED IS THE OWNER OF ANY PROPERTY, THE DEPARTMENT OF MENTAL HYGIENE, ACTING THROUGH ITS DESIGNATED OFFICER, MAY APPLY TO A COURT OF COMPETENT JURISDICTION FOR ITS APPOINTMENT AS GUARDIAN OF THE ESTATE OF SUCH INCOMPETENT PERSON. * * *

THEREFORE, UPON APPOINTMENT OF THE DEPARTMENT OF MENTAL HYGIENE AS GUARDIAN FOR MISS TOPALIAN, THE AGGREGATE COMPENSATION DUE HER MAY THEN BE PAID AS PROVIDED UNDER SECTION 6660 OF THE STATE CODE.

THE VOUCHER, WHICH, TOGETHER WITH RELATED PAPERS IS RETURNED, MAY NOT BE CERTIFIED FOR PAYMENT UPON THE PRESENT RECORD.