B-153897, JUL. 28, 1964

B-153897: Jul 28, 1964

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ESQUIRE: WE HAVE COMPLETED OUR CONSIDERATION OF YOUR LETTER OF MARCH 30. REPRESENTING PREMIUM OVERTIME COMPENSATION THAT WAS DETERMINED TO HAVE BEEN ERRONEOUSLY RECEIVED BY MR. WAS RECOVERED FROM HIM. WHILE YOU HAVE PRESENTED SOME EVIDENCE INDICATING THAT ON OCCASIONS MR. TODD CLAIMED OVERTIME CREDIT WAS FOR TELEPHONE CALLS RECEIVED AT HIS HOME WHICH PROPERLY MAY NOT BE REGARDED AS CREDITABLE FOR OVERTIME PAY PURPOSES. TODD MAY HAVE PERFORMED SOME OVERTIME WORK. HE ORIGINALLY WAS PAID UPON THE BASIS OF HIS HAVING RENDERED AN AVERAGE OF AT LEAST 6 HOURS OF OVERTIME A WEEK. THESE PAYMENTS OBVIOUSLY WERE IN ERROR BECAUSE THEY WERE NOT SUPPORTED BY ANY EVIDENCE WHATSOEVER OF OVERTIME ACTUALLY WORKED.

B-153897, JUL. 28, 1964

TO WOOD BROWN III, ESQUIRE:

WE HAVE COMPLETED OUR CONSIDERATION OF YOUR LETTER OF MARCH 30, 1964, REQUESTING REVIEW OF OFFICE SETTLEMENT OF AUGUST 29, 1963, DISALLOWING THE CLAIM OF MR. RUDOLPH A. TODD FOR REFUND OF $4,186.96, REPRESENTING PREMIUM OVERTIME COMPENSATION THAT WAS DETERMINED TO HAVE BEEN ERRONEOUSLY RECEIVED BY MR. TODD AND WHICH, THEREAFTER, WAS RECOVERED FROM HIM.

WHILE YOU HAVE PRESENTED SOME EVIDENCE INDICATING THAT ON OCCASIONS MR. TODD RENDERED SOME OVERTIME SERVICE, THE DEPARTMENT OF JUSTICE REPORTS THAT THE GREAT MAJORITY OF THE TIME FOR WHICH MR. TODD CLAIMED OVERTIME CREDIT WAS FOR TELEPHONE CALLS RECEIVED AT HIS HOME WHICH PROPERLY MAY NOT BE REGARDED AS CREDITABLE FOR OVERTIME PAY PURPOSES. THE EVIDENCE OF RECORD DOES NOT ESTABLISH THE AVERAGE NUMBER OF OVERTIME HOURS ACTUALLY WORKED BY MR. TODD DURING THE PERIOD IN QUESTION. THUS, WHILE MR. TODD MAY HAVE PERFORMED SOME OVERTIME WORK, HE ORIGINALLY WAS PAID UPON THE BASIS OF HIS HAVING RENDERED AN AVERAGE OF AT LEAST 6 HOURS OF OVERTIME A WEEK. THESE PAYMENTS OBVIOUSLY WERE IN ERROR BECAUSE THEY WERE NOT SUPPORTED BY ANY EVIDENCE WHATSOEVER OF OVERTIME ACTUALLY WORKED.

THE PERTINENT REGULATIONS PROMULGATED BY THE DEPARTMENT OF JUSTICE CLEARLY REQUIRE THE MAINTENANCE OF NECESSARY RECORDS TO REFLECT OVERTIME HOURS WORKED. SINCE MR. TODD KEPT NO LOG OR OTHER RECORD OF THE OVERTIME HOURS HE CLAIMED TO HAVE WORKED, WE FIND NO PROPER BASIS UPON WHICH OUR OFFICE WOULD BE WARRANTED IN ALLOWING ANY PART OF HIS CLAIM. ACCORDINGLY, THE SETTLEMENT OF ..END :