B-143227, JUL. 12, 1960

B-143227: Jul 12, 1960

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STATING "YOU ARE NOW REQUESTED TO PROCEED TO CARRY OUT THE RECOMMENDATIONS ALONG THE LINES AGREED UPON.'. THE NIGHT INSPECTIONS MADE BY CAPTAIN CARR (EXCEPT AS NOTED BELOW) WHICH WERE OUTSIDE HIS REGULAR TOUR OF DUTY (8:00 A.M. CONSTITUTED ONE OF THE ITEMS RECOMMENDED AND WERE CARRIED OUT AS CONTEMPLATED. DATES AND TIMES WERE TRIPLY RECORDED IN (1) LOG OF MINT GUARD ACTIVITIES. THE INFORMATION FURNISHED DOES NOT SHOW WHETHER THE INSPECTIONS MADE WERE OFFICIALLY ORDERED OR APPROVED. WE NOTE THAT ONE OF THE INSPECTIONS FOR WHICH OVERTIME COMPENSATION IS CLAIMED WAS PERFORMED PRIOR TO THE BEGINNING DATE OF THE SECRET SERVICE SURVEY. ANY UNSCHEDULED OVERTIME WORK PERFORMED BY ANY OFFICER OR EMPLOYEE ON A DAY WHEN NO WORK WAS SCHEDULED FOR HIM.

B-143227, JUL. 12, 1960

TO MR. EARL G. LOSER, AUTHORIZED CERTIFYING OFFICER, TREASURY DEPARTMENT:

ON JUNE 10, 1960, THE ADMINISTRATIVE ASSISTANT SECRETARY, FORWARDED HERE YOUR LETTER OF MAY 17, 1960, REQUESTING OUR DECISION CONCERNING THE PROPRIETY OF CERTIFYING FOR PAYMENT THE VOUCHER THEREWITH SUBMITTED FOR $877.44 IN FAVOR OF D. JOHN CARR, CAPTAIN OF THE GUARDS, UNITED STATES MINT, PHILADELPHIA, PENNSYLVANIA. THE AMOUNT CLAIMED REPRESENTS OVERTIME PERFORMED BETWEEN APRIL 27, 1954, AND JUNE 20, 1959, FOR SEMIMONTHLY UNANNOUNCED INSPECTIONS OF MINT GUARD FORCES ON 4:00 P.M. TO 12 MIDNIGHT, AND 12 MIDNIGHT TO 8:00 A.M. SHIFTS.

THE SUBMITTED RECORD SHOWS THAT THE MINT SERVICE HAS RECEIVED GUIDANCE AND RECOMMENDATIONS ON SECURITY MEASURES FROM THE UNITED STATES SECRET SERVICE. THE UNITED STATES SECRET SERVICE CONDUCTED A SURVEY OF THE MIND SECURITY BETWEEN MAY 18 AND JUNE 2, 1954, AND MADE CERTAIN RECOMMENDATIONS IN ITS REPORT. ON JULY 7, 1954, THE DIRECTOR OF THE MINT ISSUED A BLANKET AUTHORITY TO SUPERINTENDENT, PHILADELPHIA, STATING "YOU ARE NOW REQUESTED TO PROCEED TO CARRY OUT THE RECOMMENDATIONS ALONG THE LINES AGREED UPON.' THE NIGHT INSPECTIONS MADE BY CAPTAIN CARR (EXCEPT AS NOTED BELOW) WHICH WERE OUTSIDE HIS REGULAR TOUR OF DUTY (8:00 A.M. TO 4:00 P.M.), CONSTITUTED ONE OF THE ITEMS RECOMMENDED AND WERE CARRIED OUT AS CONTEMPLATED. DATES AND TIMES WERE TRIPLY RECORDED IN (1) LOG OF MINT GUARD ACTIVITIES, (2) IN A PRIVATE LOG MAINTAINED, AND (3) IN THE MINT GUARDS' TIME BOOK OR DUTY ROSTER. THE INFORMATION FURNISHED DOES NOT SHOW WHETHER THE INSPECTIONS MADE WERE OFFICIALLY ORDERED OR APPROVED. ALSO, WE NOTE THAT ONE OF THE INSPECTIONS FOR WHICH OVERTIME COMPENSATION IS CLAIMED WAS PERFORMED PRIOR TO THE BEGINNING DATE OF THE SECRET SERVICE SURVEY.

SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 296, PROVIDES THAT OFFICERS AND EMPLOYEES SHALL, IN ADDITION TO THEIR BASIC COMPENSATION, BE COMPENSATED FOR ALL HOURS OF EMPLOYMENT, OFFICIALLY ORDERED OR APPROVED, IN EXCESS OF FORTY HOURS IN ANY ADMINISTRATIVE WORKWEEK, AT OVERTIME RATES. SECTION 203 ADDED TO THE FEDERAL EMPLOYEES PAY ACT OF 1945, BY THE ACT OF SEPTEMBER 1, 1954, 68 STAT. 1110, PROVIDES AS FOLLOWS:

"SEC. 203. FOR THE PURPOSE OF THIS ACT, ANY UNSCHEDULED OVERTIME WORK PERFORMED BY ANY OFFICER OR EMPLOYEE ON A DAY WHEN NO WORK WAS SCHEDULED FOR HIM, OR FOR WHICH HE IS REQUIRED TO RETURN TO HIS PLACE OF EMPLOYMENT, SHALL BE CONSIDERED TO BE AT LEAST TWO HOURS IN DURATION.'

UNDER THE ABOVE-QUOTED STATUTE AN EMPLOYEE SUBSEQUENT TO SEPTEMBER 1, 1954, WHO IS CALLED BACK TO PERFORM UNSCHEDULED OVERTIME DURING OFF DUTY HOURS WOULD BE ENTITLED TO A MINIMUM OF TWO HOURS' PAY AT OVERTIME RATE FOR EACH TIME HE IS CALLED BACK. SEE 35 COMP. GEN. 448.

SECTION 605 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 VESTED IN THE CIVIL SERVICE COMMISSION THE AUTHORITY TO ISSUE SUCH REGULATIONS, SUBJECT TO THE APPROVAL OF THE PRESIDENT, AS MAY BE NECESSARY FOR THE ADMINISTRATION OF THE ACT. HOWEVER, THE CIVIL SERVICE COMMISSION ADVISES US INFORMALLY THAT PRIOR TO SEPTEMBER 1, 1954, IT DID NOT ISSUE ANY REGULATIONS CONCERNING THE PAYMENT OF UNSCHEDULED OVERTIME BUT THAT THE AGENCIES FOLLOWED THE RULE SET FORTH IN 25 COMP. GEN. 121. (SEE FIRST PARAGRAPH OF THE SYLLABUS.) WE HAVE INFORMALLY ASCERTAINED FROM THE PERSONNEL OFFICE OF THE TREASURY DEPARTMENT THAT PRIOR TO SEPTEMBER 1, 1954, THE TREASURY DEPARTMENT HAD NOT ISSUED ANY REGULATIONS CONCERNING THE MINIMUM AMOUNT OF OVERTIME ALLOWABLE FOR THE PERFORMANCE OF UNSCHEDULED OVERTIME PERFORMED BY ITS EMPLOYEES BUT THAT IT FOLLOWED THE RULING IN 25 COMP. GEN. 121. THAT DECISION HELD THAT IN THE ABSENCE OF ANY PROVISION IN THE LAW OR REGULATIONS TO THE CONTRARY, IT WAS WITHIN ADMINISTRATIVE DISCRETION TO PROVIDE BY REGULATION THAT OVERTIME SERVICE BE RECORDED AND PAID FOR IN PERIODS OF 15 MINUTES OR MULTIPLES THEREOF.

THEREFORE, IF THE UNSCHEDULED OVERTIME PERFORMED BY CAPTAIN CARR OUTSIDE HIS REGULARLY SCHEDULED TOUR OF DUTY WAS OFFICIALLY ORDERED OR APPROVED THE VOUCHER WHICH IS RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT IN ITS PRESENT FORM. WE DO NOT VIEW THE AUTHORIZATION FROM THE DIRECTOR OF THE MINT TO SUPERINTENDENT, PHILADELPHIA,"TO CARRY OUT THE RECOMMENDATIONS ALONG THE LINES AGREED UPON" AS SUFFICIENT TO COME WITHIN THE PURVIEW OF THE LANGUAGE OF THE STATUTE REQUIRING COMPENSATED OVERTIME SERVICES TO BE "ORDERED OR APPROVED.'