B-148090, FEB. 13, 1962

B-148090: Feb 13, 1962

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AS POINTED OUT IN YOUR LETTER EMPLOYEES OF THE COUNTY COMMITTEES ARE REGARDED AS FEDERAL EMPLOYEES FOR MANY PURPOSES BUT ARE NOT SO REGARDED FOR ALL PURPOSES. WHO WERE NOT FEDERAL EMPLOYEES IN THE FULLEST SENSE. YOU POINT OUT THAT WHILE SOME OF THE INCIDENTS CUSTOMARILY USED IN DETERMINING WHETHER A PERSON IS OR IS NOT A FEDERAL EMPLOYEE ARE NOT PRESENT WHEN CONSIDERING THE STATUS OF THE EMPLOYEES OF THE COUNTY COMMITTEES. THEY DO PERFORM FEDERAL FUNCTIONS AND ARE PAID FROM FEDERAL FUNDS AS WELL AS HAVING OTHER ATTRIBUTES OF REGULAR FEDERAL EMPLOYEES.

B-148090, FEB. 13, 1962

TO THE SECRETARY OF AGRICULTURE:

YOUR LETTER OF JANUARY 30, 1962, ASKS WHETHER WE WOULD BE REQUIRED TO OBJECT TO THE TRANSFER AT GOVERNMENT EXPENSE OF EMPLOYEES OF COUNTY AGRICULTURAL STABILIZATION AND CONSERVATION COMMITTEES TO REGULAR FEDERAL POSITIONS USUALLY IN THE STATE ASCS OFFICE.

AS POINTED OUT IN YOUR LETTER EMPLOYEES OF THE COUNTY COMMITTEES ARE REGARDED AS FEDERAL EMPLOYEES FOR MANY PURPOSES BUT ARE NOT SO REGARDED FOR ALL PURPOSES. YOU REFER TO OUR DECISION A-55895, JULY 27, 1944, WHICH HELD THAT EMPLOYEES OF CERTAIN ORGANIZATIONS SUBJECT TO SUPERVISION AND DIRECTION THROUGH THE FARM CREDIT ADMINISTRATION, BUT WHO WERE NOT FEDERAL EMPLOYEES IN THE FULLEST SENSE, COULD BE TRANSFERRED AT GOVERNMENT EXPENSE BETWEEN SUCH ORGANIZATIONS AND THE FARM CREDIT ADMINISTRATION AND ANY OF THE BUREAUS OR OFFICES OF THE DEPARTMENT OF AGRICULTURE UNDER THE ORDINARY RULES APPLICABLE TO TRANSFERS OF FEDERAL EMPLOYEES.

YOU POINT OUT THAT WHILE SOME OF THE INCIDENTS CUSTOMARILY USED IN DETERMINING WHETHER A PERSON IS OR IS NOT A FEDERAL EMPLOYEE ARE NOT PRESENT WHEN CONSIDERING THE STATUS OF THE EMPLOYEES OF THE COUNTY COMMITTEES, NEVERTHELESS, THEY DO PERFORM FEDERAL FUNCTIONS AND ARE PAID FROM FEDERAL FUNDS AS WELL AS HAVING OTHER ATTRIBUTES OF REGULAR FEDERAL EMPLOYEES. UNDER THE STATED FACTS AND CIRCUMSTANCES, WE SEE NO REASON WHY THE DECISION OF JULY 27, 1944, SUPRA, SHOULD NOT APPLY WITH LIKE FORCE TO THE EMPLOYEES OF THE COUNTY COMMITTEES HERE CONCERNED.

THEREFORE, WE WOULD NOT OBJECT TO THE TRANSFER AT GOVERNMENT EXPENSE OF EMPLOYEES OF THE ASCS COUNTY COMMITTEES TO REGULAR FEDERAL POSITIONS IN THE DEPARTMENT IN ACCORDANCE WITH THE RULES AND REGULATIONS RELATING TO TRANSFER OF FEDERAL EMPLOYEES GENERALLY.