B-64566, MARCH 26, 1947, 26 COMP. GEN. 701

B-64566: Mar 26, 1947

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WHO IS ALSO A NOTARY PUBLIC. 1947: I HAVE YOUR LETTER OF MARCH 11. AS FOLLOWS: SUBMITTED HEREWITH FOR YOUR CONSIDERATION ARE THREE VOUCHERS ( S.F. 1034- REV.). IN THE AGGREGATE AMOUNT OF $25.75 WHICH HAVE BEEN PRESENTED FOR PAYMENT BY MARGARET WALTHALL. INASMUCH AS THE WAR ASSETS ADMINISTRATION DID NOT HAVE A NOTARY AVAILABLE AT THE TIME AND PLACE. THE SERVICES OF MISS WALTHALL WERE REQUESTED AND THE NOTARIAL WORK PERFORMED AFTER HER OFFICIAL OFFICE HOURS WITH THE RECONSTRUCTION FINANCE CORPORATION. BECAUSE THE CONDITIONS OF THIS CASE ARE DIVERGENT FROM THOSE SET FORTH IN DECISIONS PREVIOUSLY RENDERED. IT IS RESPECTFULLY REQUESTED THAT A DECISION BE RENDERED AS TO WHETHER OR NOT THESE VOUCHERS MAY PROPERLY BE CERTIFIED FOR PAYMENT.

B-64566, MARCH 26, 1947, 26 COMP. GEN. 701

NOTARIES PUBLIC - FEES - SERVICES RENDERED BY GOVERNMENT EMPLOYEES IN VIEW OF THE PROHIBITION IN EXECUTIVE ORDER NO. 977 AGAINST AN EMPLOYEE, WHO IS ALSO A NOTARY PUBLIC, FROM CHARGING OR RECEIVING ANY COMPENSATION FOR PERFORMING A NOTARIAL ACT FOR ANOTHER EMPLOYEE IN HIS OFFICIAL CAPACITY, AN EMPLOYEE OF THE RECONSTRUCTION FINANCE CORPORATION MAY NOT BE PAID FEES FOR NOTARIAL SERVICES PERFORMED AFTER HER OFFICIAL OFFICE HOURS FOR THE WAR ASSETS ADMINISTRATION IN CONNECTION WITH THE SALE OF AIRCRAFT TO INDIVIDUAL BUYERS AND THE NECESSARY CONVEYANCE OF TITLE.

COMPTROLLER GENERAL WARREN TO M. W. SCHAUL, WAR ASSETS ADMINISTRATION, MARCH 26, 1947:

I HAVE YOUR LETTER OF MARCH 11, 1947 (FILE, FAC-E-AC), AS FOLLOWS:

SUBMITTED HEREWITH FOR YOUR CONSIDERATION ARE THREE VOUCHERS ( S.F. 1034- REV.), IN THE AGGREGATE AMOUNT OF $25.75 WHICH HAVE BEEN PRESENTED FOR PAYMENT BY MARGARET WALTHALL, A NOTARY PUBLIC, EMPLOYED BY THE RECONSTRUCTION FINANCE CORPORATION.

THESE VOUCHERS REPRESENT NOTARY FEES INCURRED IN CONNECTION WITH THE SALE OF AIRCRAFT BY THE WAR ASSETS ADMINISTRATION TO INDIVIDUAL BUYERS AND THE NECESSARY CONVEYANCE OF TITLE TO SAME.

INASMUCH AS THE WAR ASSETS ADMINISTRATION DID NOT HAVE A NOTARY AVAILABLE AT THE TIME AND PLACE, THE SERVICES OF MISS WALTHALL WERE REQUESTED AND THE NOTARIAL WORK PERFORMED AFTER HER OFFICIAL OFFICE HOURS WITH THE RECONSTRUCTION FINANCE CORPORATION.

BECAUSE THE CONDITIONS OF THIS CASE ARE DIVERGENT FROM THOSE SET FORTH IN DECISIONS PREVIOUSLY RENDERED, IT IS RESPECTFULLY REQUESTED THAT A DECISION BE RENDERED AS TO WHETHER OR NOT THESE VOUCHERS MAY PROPERLY BE CERTIFIED FOR PAYMENT.

EXECUTIVE ORDER 977 OF NOVEMBER 24, 1908, PROVIDES AS FOLLOWS:

IT IS HEREBY ORDERED THAT HEREAFTER NO OFFICER, CLERK, OR EMPLOYEE IN THE EXECUTIVE SERVICE OF THE GOVERNMENT (EXCEPT POSTMASTERS AT OFFICES OF THE FOURTH CLASS AND RURAL CARRIERS), WHO IS ALSO A NOTARY PUBLIC, SHALL CHARGE OR RECEIVE ANY COMPENSATION WHATEVER FOR PERFORMING ANY NOTARIAL ACT FOR AN OFFICER, CLERK, OR EMPLOYEE OF THE GOVERNMENT IN HIS OFFICIAL CAPACITY, OR FOR ANY PERSON WHEN, IN THE CASE OF SUCH PERSON THE ACT IS PERFORMED DURING THE HOURS OF SUCH NOTARY'S SERVICE TO THE GOVERNMENT. DISOBEDIENCE OF THIS ORDER SHALL BE GROUND FOR IMMEDIATE DISMISSAL FROM THE SERVICE.

THIS ORDER SHALL NOT APPLY TO OATHS OF DISINTERESTEDNESS OR OTHER OATHS REQUIRED TO BE MADE BY LAW, PROVIDED THAT THE WORK IN CONNECTION THEREWITH IS NOT PERFORMED DURING OFFICE HOURS.

FOR THE PURPOSES OF THIS ORDER, THE EXPRESSION "OFFICE HOURS" SHALL BE CONSTRUED TO INCLUDE THE HALF HOUR ALLOWED EACH WORKING DAY FOR LUNCHEON.

IN THE CIRCUMSTANCES, PAYMENT FOR THE NOTARIAL SERVICES WOULD BE IN CONTRAVENTION OF THE ABOVE EXECUTIVE ORDER, IN VIEW OF WHICH CERTIFICATION OF THE VOUCHERS FOR PAYMENT IS NOT AUTHORIZED. A-7215, DECEMBER 28, 1931.