B-170215, AUG 18, 1970, 50 COMP GEN 98

B-170215: Aug 18, 1970

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WHO ARE GIVEN APPOINTMENTS AS EMPLOYEES OF THE DISTRICT GOVERNMENT AND. ARE COVERED BY THE ANNUAL AND SICK LEAVE ACT OF 1951. UPON TRANSFER TO FEDERAL POSITIONS MAY HAVE THE UNUSED ANNUAL AND SICK LEAVE BALANCES ACCUMULATED AND ACCRUED AS DISTRICT EMPLOYEES TRANSFERRED TO THEIR FEDERAL POSITIONS. FOR ALTHOUGH OFFICERS AND EMPLOYEES OF THE DISTRICT OF COLUMBIA GOVERNMENT ARE NOT FEDERAL EMPLOYEES. THEY ARE SPECIFICALLY INCLUDED IN THE ANNUAL AND SICK LEAVE PROVISIONS OF 5 U.S.C. 6301 ET SEQ. 1970: THIS IS IN FURTHER REFERENCE TO YOUR LETTER OF JUNE 29. WHO WERE APPOINTED AS EMPLOYEES OF THE DISTRICT GOVERNMENT. THAT ENROLLEES IN THE PROGRAM WILL BE "EMPLOYED EITHER (A) ON PUBLICLY OWNED AND OPERATED FACILITIES OR PROJECTS.

B-170215, AUG 18, 1970, 50 COMP GEN 98

ECONOMIC OPPORTUNITY PROGRAM - ENROLLEES - TRAINING - DISTRICT OF COLUMBIA GOVERNMENT - STATUS FOR LEAVE PURPOSES ENROLLEES IN A WORK-TRAINING PROGRAM CONDUCTED BY THE DISTRICT OF COLUMBIA GOVERNMENT UNDER TITLE 1, PART B, OF THE ECONOMIC OPPORTUNITY ACT OF 1964, WHO ARE GIVEN APPOINTMENTS AS EMPLOYEES OF THE DISTRICT GOVERNMENT AND, THEREFORE, ARE COVERED BY THE ANNUAL AND SICK LEAVE ACT OF 1951, UPON TRANSFER TO FEDERAL POSITIONS MAY HAVE THE UNUSED ANNUAL AND SICK LEAVE BALANCES ACCUMULATED AND ACCRUED AS DISTRICT EMPLOYEES TRANSFERRED TO THEIR FEDERAL POSITIONS, AND THEIR SERVICE WITH THE DISTRICT USED TO ESTABLISH ANNUAL-LEAVE-EARNING CATEGORIES, FOR ALTHOUGH OFFICERS AND EMPLOYEES OF THE DISTRICT OF COLUMBIA GOVERNMENT ARE NOT FEDERAL EMPLOYEES, THEY ARE SPECIFICALLY INCLUDED IN THE ANNUAL AND SICK LEAVE PROVISIONS OF 5 U.S.C. 6301 ET SEQ.

TO THE CHAIRMAN, CIVIL SERVICE COMMISSION, AUGUST 18, 1970:

THIS IS IN FURTHER REFERENCE TO YOUR LETTER OF JUNE 29, 1970, REQUESTING A DECISION ON THE QUESTION OF WHETHER INDIVIDUALS EMPLOYED BY THE DISTRICT OF COLUMBIA IN A WORK-TRAINING PROGRAM UNDER TITLE I, PART B, OF THE ECONOMIC OPPORTUNITY ACT OF 1964, 78 STAT. 508, 42 U.S.C. 2701 NOTE, WHO WERE APPOINTED AS EMPLOYEES OF THE DISTRICT GOVERNMENT, MAY UPON TRANSFER TO FEDERAL POSITIONS BE CREDITED WITH THE UNUSED ANNUAL AND SICK LEAVE BALANCES ACCUMULATED AND ACCRUED IN THAT EMPLOYMENT AND BE CREDITED WITH THE SERVICE IN DETERMINING ANNUAL-LEAVE EARNING CATEGORIES.

SECTION 112, IN PART B, TITLE I OF THE ACT, 42 U.S.C. 2732, PROVIDES THAT THE DIRECTOR OF THE OFFICE OF ECONOMIC OPPORTUNITY SHALL ASSIST AND COOPERATE WITH STATE AND LOCAL AGENCIES AND PRIVATE NONPROFIT ORGANIZATIONS "IN DEVELOPING PROGRAMS FOR THE EMPLOYMENT OF YOUNG PEOPLE IN STATE AND COMMUNITY ACTIVITIES." SECTION 113, 42 U.S.C. 2733, AUTHORIZES THE DIRECTOR TO ENTER INTO AGREEMENTS FOR PAYMENT OF PART OR ALL OF THE COST OF A STATE OR LOCAL PROGRAM IF HE DETERMINES, AMONG OTHER THINGS, THAT ENROLLEES IN THE PROGRAM WILL BE "EMPLOYED EITHER (A) ON PUBLICLY OWNED AND OPERATED FACILITIES OR PROJECTS, OR (B) ON LOCAL PROJECTS SPONSORED BY PRIVATE NONPROFIT ORGANIZATIONS *** ."

SECTION 114(B), 42 U.S.C. 2734(B), PROVIDES AS FOLLOWS:

ENROLLEES SHALL BE DEEMED NOT TO BE FEDERAL EMPLOYEES AND SHALL NOT BE SUBJECT TO THE PROVISIONS OF LAWS RELATING TO FEDERAL EMPLOYMENT, INCLUDING THOSE RELATING TO HOURS OF WORK, RATES OF COMPENSATION, LEAVE, UNEMPLOYMENT COMPENSATION, AND FEDERAL EMPLOYEE BENEFITS.

IT IS STATED IN YOUR LETTER THAT IN 1965 THE DIRECTOR OF PERSONNEL OF THE DISTRICT OF COLUMBIA GOVERNMENT INFORMED THE COMMISSION THAT THE DISTRICT GOVERNMENT WOULD PARTICIPATE IN A WORK-TRAINING PROGRAM UNDER TITLE I, PART B, OF THE ABOVE-CITED ACT AND THAT A DECISION HAD BEEN MADE THAT ENROLLEES WOULD BE GIVEN APPOINTMENTS AS EMPLOYEES OF THE DISTRICT GOVERNMENT, AND THAT IN REPLY THERETO THE COMMISSION EXPRESSED THE OPINION THAT SUCH EMPLOYEES WOULD BE COVERED BY THE ANNUAL AND SICK LEAVE ACT OF 1951 (5 U.S.C. 2061 NOTE), ALTHOUGH NOT BY THE CLASSIFICATION ACT OF 1949 (5 U.S.C. 1071 NOTE), BECAUSE THE FUNDS FROM WHICH THEY WERE PAID WERE COVERED BY STATUTORY AUTHORITY TO SET THEIR PAY BY AGREEMENT. SOME OF THESE EMPLOYEES, YOU SAY, HAVE NOW BEEN TRANSFERRED TO FEDERAL AGENCIES, AND A QUESTION HAS BEEN RAISED AS TO WHETHER THEIR SICK AND ANNUAL LEAVE BALANCES ARE TRANSFERABLE TO THE FEDERAL POSITIONS, AND WHETHER THEIR SERVICE WITH THE DISTRICT OF COLUMBIA IS CREDITABLE TOWARD ESTABLISHING ANNUAL-LEAVE-EARNING CATEGORIES. IT IS YOUR POSITION THAT THE APPOINTMENTS WITH THE DISTRICT OF COLUMBIA GOVERNMENT WERE LEGAL AND THAT THE ANSWER TO BOTH QUESTIONS SHOULD BE AFFIRMATIVE.

IT IS WELL ESTABLISHED THAT OFFICERS AND EMPLOYEES OF THE DISTRICT OF COLUMBIA GOVERNMENT, A MUNICIPAL CORPORATION, ARE NOT GENERALLY REGARDED AS FEDERAL EMPLOYEES. 17 COMP. DEC. 153 (1910); 26 COMP. GEN. 484 (1947). HENCE, THE PROVISIONS OF SECTION 114(B) WOULD NOT ADVERSELY AFFECT THE EMPLOYMENT RIGHTS OF ENROLLEES APPOINTED BY THE DISTRICT OF COLUMBIA GOVERNMENT. SECTIONS 112 AND 113 CLEARLY INDICATE THAT THE PROGRAM SHALL BE CARRIED OUT THROUGH STATE AND LOCAL AGENCIES, AND ENROLLEES WILL BE EMPLOYED THEREBY. THEREFORE, WE SEE NO OBJECTION TO THE APPOINTMENT OF THE ENROLLEES AS EMPLOYEES OF THE DISTRICT OF COLUMBIA GOVERNMENT INCIDENT TO ITS PARTICIPATION AS AN AUTHORIZED AGENCY UNDER THE WORK-TRAINING PROGRAM. IN VIEW THEREOF, AND SINCE EMPLOYEES OF THE DISTRICT OF COLUMBIA ARE SPECIFICALLY INCLUDED IN THE ANNUAL AND SICK LEAVE PROVISIONS OF 5 U.S.C. 6301 ET SEQ, WE AGREE WITH YOUR VIEW THAT SICK AND ANNUAL LEAVE BALANCES ARE TRANSFERABLE TO THE FEDERAL POSITIONS AND THAT THE SERVICE WITH THE DISTRICT OF COLUMBIA IS CREDITABLE TOWARD ESTABLISHING ANNUAL-LEAVE-EARNING CATEGORIES.