B-73472, MARCH 24, 1948, 27 COMP. GEN. 552

B-73472: Mar 24, 1948

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AS ADJUTANT GENERAL OF PUERTO RICO WHOSE COMPENSATION IS PAID FROM TERRITORIAL FUNDS AS AN OFFICER OF THE TERRITORY MAY ACCEPT AN APPOINTMENT AS STATE DIRECTOR OF SELECTIVE SERVICE RECORDS WITHOUT RESULTING IN THE HOLDING OF MORE THAN ONE FEDERAL OFFICE IN VIOLATION OF ANY OF THE FEDERAL DUAL COMPENSATION STATUTES. YOUR DECISION IS REQUESTED AS TO WHETHER. THE ADJUTANT GENERAL FOR THE TERRITORY OF PUERTO RICO IS APPOINTED BY THE PRESIDENT OF THE UNITED STATES. THE DUTIES AND RESPONSIBILITIES OF THAT OFFICE ARE COMPARABLE WITH THOSE ATTACHED TO THE OFFICE OF ADJUTANT GENERAL FOR THE SEVERAL STATES. HE ESSENTIALLY IS AN OFFICER OF THE TERRITORY AND HIS COMPENSATION IS PAID FROM TERRITORIAL FUNDS.

B-73472, MARCH 24, 1948, 27 COMP. GEN. 552

COMPENSATION - DOUBLE - ADJUTANT GENERAL OF PUERTO RICO APPOINTED STATE DIRECTOR OF SELECTIVE SERVICE RECORDS A PERSON APPOINTED BY THE PRESIDENT UNDER THE ACT OF JUNE 3, 1916, AS ADJUTANT GENERAL OF PUERTO RICO WHOSE COMPENSATION IS PAID FROM TERRITORIAL FUNDS AS AN OFFICER OF THE TERRITORY MAY ACCEPT AN APPOINTMENT AS STATE DIRECTOR OF SELECTIVE SERVICE RECORDS WITHOUT RESULTING IN THE HOLDING OF MORE THAN ONE FEDERAL OFFICE IN VIOLATION OF ANY OF THE FEDERAL DUAL COMPENSATION STATUTES.

COMPTROLLER GENERAL WARREN TO THE DIRECTOR, OFFICE OF SELECTIVE SERVICE RECORDS, MARCH 24, 1948:

CONSIDERATION HAS BEEN GIVEN YOUR LETTER OF FEBRUARY 5, 1948, REFERENCE 1 -30-1, AS FOLLOWS:

IN THE ADMINISTRATION OF PUBLIC LAW 26, 80TH CONGRESS, APPROVED MARCH 31, 1947, WHICH ESTABLISHED THE OFFICE OF SELECTIVE SERVICE RECORDS, IT HAS BECOME NECESSARY TO APPOINT A STATE DIRECTOR FOR THE OFFICE OF SELECTIVE SERVICE RECORDS FOR PUERTO RICO.

YOUR DECISION IS REQUESTED AS TO WHETHER, WITHIN THE PROVISIONS OF THE DUAL COMPENSATION STATUTES, THE ADJUTANT GENERAL OF PUERTO RICO, IF APPOINTED IN THIS AGENCY AS STATE DIRECTOR FOR PUERTO RICO, CAN BE PAID THE SALARY ATTACHED TO SUCH OFFICE WHILE RECEIVING THE SALARY OF ADJUTANT GENERAL OF PUERTO RICO.

THE ADJUTANT GENERAL FOR THE TERRITORY OF PUERTO RICO IS APPOINTED BY THE PRESIDENT OF THE UNITED STATES, PURSUANT TO THE PROVISIONS OF THE ACT OF JUNE 3, 1916, 39 STAT. 199, 32 U.S.C. 12, AND THE DUTIES AND RESPONSIBILITIES OF THAT OFFICE ARE COMPARABLE WITH THOSE ATTACHED TO THE OFFICE OF ADJUTANT GENERAL FOR THE SEVERAL STATES. HE ESSENTIALLY IS AN OFFICER OF THE TERRITORY AND HIS COMPENSATION IS PAID FROM TERRITORIAL FUNDS. SEE 25 COMP. GEN. 912. ACCORDINGLY, SINCE THE ADJUTANT GENERAL OF PUERTO RICO, IN HIS CAPACITY AS A TERRITORIAL OFFICER, IS NOT PAID FROM FEDERALLY APPROPRIATED FUNDS, AND SINCE HIS ACCEPTANCE OF THE APPOINTMENT AS STATE DIRECTOR OF SELECTIVE SERVICE RECORDS WILL NOT RESULT IN HIS HOLDING MORE THAN ONE FEDERAL OFFICE, IT APPEARS THAT SUCH APPOINTMENT WOULD NOT BE IN VIOLATION OF ANY OF THE FEDERAL DUAL COMPENSATION STATUTES. WHETHER SUCH APPOINTMENT WOULD BE CONSISTENT, OR IN HARMONY, WITH THE TERRITORIAL LAWS IS NOT HERE CONSIDERED OR DECIDED. SEE, GENERALLY, 15 COMP. GEN. 580.