B-5733, SEPTEMBER 1, 1939, 19 COMP. GEN. 312

B-5733: Sep 1, 1939

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IN THE CASE OF AN ACCOUNTABLE OFFICER WHO IS IN APPEARS IN HIS ACCOUNTS. 1939: I HAVE YOUR LETTER OF JUNE 15. AS FOLLOWS: REFERENCE IS MADE TO YOUR LETTER OF MAY 25. NOTICE OF THE ABOVE CITED SETTLEMENT IS BEING FURNISHED THE MARYLAND CASUALTY COMPANY. IT IS REQUESTED THAT ACTION TO WITHHOLD SALARY PAYMENTS TO MR. IS $783.88 UNDER BOND OF FEBRUARY 24. ARE OF LONG STANDING. CREDIT WAS FIRST SUSPENDED DURING 1934 AND 1935 AS TO EACH ITEM LISTED THEREON AND THE CERTIFICATES OF SETTLEMENT COVERING THE ITEMS BEAR VARIOUS DATES FROM OCTOBER 12. IN THE CASE OF AN ACCOUNTABLE OFFICER WHO IS IN ARREARS IN HIS ACCOUNTS. THE FACTS IN THIS CASE ARE NOT PERSUASIVE THAT MR. FARIS IS ENTITLED TO ANY SPECIAL CONSIDERATION INASMUCH AS THE ITEMS FOR WHICH CREDIT HAS BEEN DISALLOWED IN HIS ACCOUNT HAVE BEEN OUTSTANDING FOR MORE THAN 4 YEARS AS TO SOME ITEMS AND FOR MORE THAN 5 YEARS AS TO OTHERS SINCE THE ACCOUNTABLE OFFICER'S RIGHT TO CREDIT THEREFOR FIRST WAS QUESTIONED.

B-5733, SEPTEMBER 1, 1939, 19 COMP. GEN. 312

COMPENSATION - WITHHOLDING - ACCOUNTING OFFICERS IN ARREARS - GENERAL ACCOUNTING OFFICE LACK OF WAIVER AUTHORITY THE GENERAL ACCOUNTING OFFICE CANNOT AUTHORIZE AN ADMINISTRATIVE DEPARTMENT TO WITHHOLD FROM APPLICATION, IN THE CASE OF AN ACCOUNTABLE OFFICER WHO IS IN APPEARS IN HIS ACCOUNTS, THE MANDATORY PROVISIONS OF SECTION 1766, REVISED STATUTES, AS AMENDED, REQUIRING THE WITHHOLDING OF COMPENSATION OF SUCH AN ACCOUNTABLE OFFICER.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE INTERIOR, SEPTEMBER 1, 1939:

I HAVE YOUR LETTER OF JUNE 15, 1939, AS FOLLOWS:

REFERENCE IS MADE TO YOUR LETTER OF MAY 25, 1939, CONCERNING SETTLEMENT OF ACCOUNTS OF CHESTER E. FARIS, AS SUPERINTENDENT AND SPECIAL DISBURSING AGENT, SANTA FE INDIAN SCHOOL, SANTA FE, NEW MEXICO, SHOWING A BALANCE OF $783.88 DUE THE UNITED STATES BY CERTIFICATE OF SETTLEMENT NO. G-92681-IN, DATED MAY 16, 1939.

NOTICE OF THE ABOVE CITED SETTLEMENT IS BEING FURNISHED THE MARYLAND CASUALTY COMPANY, BALTIMORE, MARYLAND, AS SURETY FOR MR. FARIS UNDER BOND DATED FEBRUARY 24, 1931.

IT IS REQUESTED THAT ACTION TO WITHHOLD SALARY PAYMENTS TO MR. FARIS BE TEMPORARILY DEFERRED PENDING ACTION BY THE INDIAN OFFICE TO ASSIST IN SETTLING THE REMAINING ITEMS OF DIFFERENCE.

THE PRESENT BALANCE OUTSTANDING IN MR. FARIS' ACCOUNT FOR THE PERIOD JUNE 1, 1933, TO JANUARY 31, 1935, IS $783.88 UNDER BOND OF FEBRUARY 24, 1931, WITH THE MARYLAND CASUALTY COMPANY AS SURETY, IN THE PENAL SUM OF $25,000. THE ITEMS SHOWN ON CERTIFICATE OF SETTLEMENT OF ACCOUNT NO. G- 92681-IN, DATED MAY 16, 1939, ARE OF LONG STANDING. CREDIT WAS FIRST SUSPENDED DURING 1934 AND 1935 AS TO EACH ITEM LISTED THEREON AND THE CERTIFICATES OF SETTLEMENT COVERING THE ITEMS BEAR VARIOUS DATES FROM OCTOBER 12, 1934, TO JANUARY 27, 1936.

THIS OFFICE CANNOT AUTHORIZE AN ADMINISTRATIVE DEPARTMENT TO WITHHOLD FROM APPLICATION, IN THE CASE OF AN ACCOUNTABLE OFFICER WHO IS IN ARREARS IN HIS ACCOUNTS, THE MANDATORY PROVISIONS OF SECTION 1766 OF THE REVISED STATUTES AS AMENDED, REQUIRING THE WITHHOLDING OF COMPENSATION OF SUCH AN ACCOUNTABLE OFFICER. FURTHERMORE, THE FACTS IN THIS CASE ARE NOT PERSUASIVE THAT MR. FARIS IS ENTITLED TO ANY SPECIAL CONSIDERATION INASMUCH AS THE ITEMS FOR WHICH CREDIT HAS BEEN DISALLOWED IN HIS ACCOUNT HAVE BEEN OUTSTANDING FOR MORE THAN 4 YEARS AS TO SOME ITEMS AND FOR MORE THAN 5 YEARS AS TO OTHERS SINCE THE ACCOUNTABLE OFFICER'S RIGHT TO CREDIT THEREFOR FIRST WAS QUESTIONED.