B-165205, OCT. 1, 1968

B-165205: Oct 1, 1968

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YOU HAVE FORWARDED FOR ADVANCE DECISION THE QUESTION OF THE PROPRIETY OF COLLECTING JURY FEES OBTAINED IN A STATE COURT REDUCED BY THE AMOUNT OF MILEAGE EXPENSES IN THE CASE OF MR. THE RECORD INDICATES THAT THIS SUM IS A FEE AND DOES NOT INCLUDE ANY REIMBURSEMENT FOR TRANSPORTATION EXPENSES. YOU INDICATE THAT WHEN THE COURT WAS NOT IN SESSION MR. DOGGETT WAS REQUIRED TO RETURN TO HIS OFFICE DURING WORKING HOURS. 5 U.S.C. 5515 ROVIDES: "AN AMOUNT RECEIVED BY AN EMPLOYEE AS DEFINED BY SECTION 2105 OF THIS TITLE OR AN INDIVIDUAL EMPLOYED BY THE GOVERNMENT OF THE DISTRICT OF COLUMBIA FOR JURY SERVICE IN A STATE COURT FOR A PERIOD DURING WHICH THE EMPLOYEE OR INDIVIDUAL IS ENTITLED TO LEAVE UNDER SECTION 6322 OF THIS TITLE SHALL BE CREDITED AGAINST PAY PAYABLE BY THE UNITED STATES OR THE DISTRICT OF COLUMBIA TO THE EMPLOYEE OR INDIVIDUAL.'.

B-165205, OCT. 1, 1968

TO MAJOR G. B. ADAMS:

IN YOUR LETTER OF AUGUST 27, 1968, REFERENCE DGSC-CF, YOU HAVE FORWARDED FOR ADVANCE DECISION THE QUESTION OF THE PROPRIETY OF COLLECTING JURY FEES OBTAINED IN A STATE COURT REDUCED BY THE AMOUNT OF MILEAGE EXPENSES IN THE CASE OF MR. MELVIN DOGGETT, AN EMPLOYEE OF THE DEFENSE SUPPLY AGENCY (DSA).

MR. DOGGETT RECEIVED $15 IN FEES FOR 3 DAYS DUTY AS A JUROR IN MARCH 1968 IN THE MUNICIPAL COURT IN SOUTH RICHMOND, VIRGINIA. THE RECORD INDICATES THAT THIS SUM IS A FEE AND DOES NOT INCLUDE ANY REIMBURSEMENT FOR TRANSPORTATION EXPENSES. MR. DOGGETT DESIRES TO SET OFF AGAINST THIS AMOUNT $4 FOR MILEAGE EXPENSES ARISING FROM TRAVELING BACK AND FORTH BETWEEN HIS PLACE OF EMPLOYMENT AND THE COURT ON TWO OF THE DAYS IN QUESTION. YOU INDICATE THAT WHEN THE COURT WAS NOT IN SESSION MR. DOGGETT WAS REQUIRED TO RETURN TO HIS OFFICE DURING WORKING HOURS.

WITH RESPECT TO RECEIPT OF FEES FOR SERVICE AS A JUROR IN A STATE COURT, 5 U.S.C. 5515 ROVIDES:

"AN AMOUNT RECEIVED BY AN EMPLOYEE AS DEFINED BY SECTION 2105 OF THIS TITLE OR AN INDIVIDUAL EMPLOYED BY THE GOVERNMENT OF THE DISTRICT OF COLUMBIA FOR JURY SERVICE IN A STATE COURT FOR A PERIOD DURING WHICH THE EMPLOYEE OR INDIVIDUAL IS ENTITLED TO LEAVE UNDER SECTION 6322 OF THIS TITLE SHALL BE CREDITED AGAINST PAY PAYABLE BY THE UNITED STATES OR THE DISTRICT OF COLUMBIA TO THE EMPLOYEE OR INDIVIDUAL.'

IN OUR DECISIONS, IN 20 COMP. GEN. 550 AND 21 COMP. GEN. 1148, WE POINTED OUT THAT THE ABOVE STATUTE MAKES NO PROVISION FOR PAYMENT BY THE GOVERNMENT OF TRAVELING EXPENSES OF AN EMPLOYEE INCIDENT TO HIS SERVICE AS A JUROR IN A STATE COURT. LIKEWISE, IT DOES NOT PERMIT A REDUCTION IN THE AMOUNT OF JURY FEES TO BE CREDITED AGAINST THE EMPLOYEE'S PAY IN ORDER TO PROVIDE FOR EXPENSES OF TRAVEL IN CONNECTION WITH SUCH DUTY MERELY BECAUSE THE STATE LAWS MADE NO PROVISION FOR PAYMENT OF TRAVEL EXPENSES.

ACCORDINGLY, THERE SHOULD BE CREDITED AGAINST MR. DOGGETT'S PAY THE FULL AMOUNT OF THE JURY FEES HE RECEIVED, $15. SEE B-149898, NOVEMBER 20, 1962 (COPY ENCLOSED).