B-168117, NOV. 6, 1969

B-168117: Nov 6, 1969

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"TO ENFORCE THE LAW" WHERE ARMY AND AIR GUARD TECHNICIANS EMPLOYED UNDER AUTHORITY OF 32 U.S.C. 709 WERE ORDERED TO DUTY BY GOVERNOR OF MISSISSIPPI FOR PURPOSES OF SEARCH AND RESCUE. BECAUSE MAINTENANCE OF LAW AND ORDER IS PRIME FUNCTION OF ASSIGNED MILITARY DUTIES. IT IS STATED THAT ARMY AND AIR GUARD TECHNICIANS EMPLOYED UNDER THE AUTHORITY OF 32 U.S.C. 709 WERE ORDERED TO DUTY BY THE GOVERNOR OF MISSISSIPPI AFTER HURRICANE CAMILLE FOR PURPOSES OF SEARCH AND RESCUE. WAS CONSIDERED. PLEASE NOTE QUESTION 4 (A) AND ITS ANSWER ON PAGE 6 OF B 133972: "-4 (A) IS NATIONAL GUARD DUTY IN CASES OF DISASTER SUCH AS FLOODS. COVERED BY THE TERM - MILITARY AID TO ENFORCE THE LAW-? " "IT IS OUR UNDERSTANDING THAT WHERE THE NATIONAL GUARD IS USED FOR THE PURPOSE OF ALLEVIATING THE RESULTS OF DISASTER.

B-168117, NOV. 6, 1969

OFFICERS AND EMPLOYEES--MILITARY DUTY--"TO ENFORCE THE LAW" WHERE ARMY AND AIR GUARD TECHNICIANS EMPLOYED UNDER AUTHORITY OF 32 U.S.C. 709 WERE ORDERED TO DUTY BY GOVERNOR OF MISSISSIPPI FOR PURPOSES OF SEARCH AND RESCUE, EVACUATION, TRAFFIC CONTROL, PROTECTION OF PROPERTY, APPREHENSION OF LOOTERS AND PREVENTION OF RIOTING FOLLOWING HURRICANE CAMILLE, BECAUSE MAINTENANCE OF LAW AND ORDER IS PRIME FUNCTION OF ASSIGNED MILITARY DUTIES, FEDERAL EMPLOYEES MAY BE AUTHORIZED LEAVE UNDER 5 U.S.C. 6323 (C). SEE 49 COMP. GEN. (B-133972, OCT. 14, 1969).

TO MAJOR GENERAL WINSTON P. WILSON:

YOUR LETTER OF OCTOBER 10, 1969, REFERENCE NGNGBTC, REQUESTS A DECISION ON THE APPLICABILITY TO THE SITUATIONS DESCRIBED BELOW OF THE PHRASE "FOR THE PURPOSE OF PROVIDING MILITARY AID TO ENFORCE THE LAW" IN 5 U.S.C. 6323 (C), AS ADDED BY PUBLIC LAW 90-588.

IT IS STATED THAT ARMY AND AIR GUARD TECHNICIANS EMPLOYED UNDER THE AUTHORITY OF 32 U.S.C. 709 WERE ORDERED TO DUTY BY THE GOVERNOR OF MISSISSIPPI AFTER HURRICANE CAMILLE FOR PURPOSES OF SEARCH AND RESCUE, EVACUATION, TRAFFIC CONTROL, PROTECTION OF PROPERTY, APPREHENSION OF LOOTERS, AND PREVENTION OF RIOTING. SIMILAR DUTY OCCURRED IN ALASKA AFTER THE EARTHQUAKE IN ANCHORAGE. 5 U.S.C. 6323 (C) PROVIDES UP TO 22 DAYS' LEAVE FOR CIVILIAN EMPLOYEES OF THE UNITED STATES ORDERED TO DUTY FOR THE PURPOSE OF PROVIDING MILITARY AID TO ENFORCE THE LAW.

YOU ASK WHETHER THE FEDERAL EMPLOYEES ORDERED TO ACTIVE STATE DUTY BY THE GOVERNOR OF MISSISSIPPI FOLLOWING HURRICANE CAMILLE MAY BE AUTHORIZED LEAVE UNDER 5 U.S.C. 6323 (C).

IN OUR DECISION B-133972 OF OCTOBER 14, 1969 (COPY ENCLOSED), TO THE CHAIRMAN OF THE CIVIL SERVICE COMMISSION THE FOREGOING QUESTION, AMONG OTHERS, CONCERNING THE APPLICATION OF 5 U.S.C. 6323 (C), WAS CONSIDERED. PLEASE NOTE QUESTION 4 (A) AND ITS ANSWER ON PAGE 6 OF B 133972:

"-4 (A) IS NATIONAL GUARD DUTY IN CASES OF DISASTER SUCH AS FLOODS, EARTHQUAKES AND HURRICANES, WHICH WE UNDERSTAND GENERALLY INCLUDE DUTIES OF PREVENTING LOOTING AND OTHER CRIMINAL OFFENSES, COVERED BY THE TERM - MILITARY AID TO ENFORCE THE LAW-? "

"IT IS OUR UNDERSTANDING THAT WHERE THE NATIONAL GUARD IS USED FOR THE PURPOSE OF ALLEVIATING THE RESULTS OF DISASTER, THAT MAINTENANCE OF LAW AND ORDER IS A PRIME FUNCTION OF THE ASSIGNED MILITARY DUTIES. THEREFORE, QUESTION 4 (A) IS ANSWERED IN THE AFFIRMATIVE.'