B-78252, JULY 27, 1948, 28 COMP. GEN. 68

B-78252: Jul 27, 1948

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IS ENTITLED TO THE COMPENSATION ATTACHED TO THAT OFFICE SO LONG AS HE HOLDS THE TITLE THERETO EVEN THOUGH ILLNESS NECESSITATED HIS ABSENCE FROM OFFICIAL DUTIES. SO THAT ADMINISTRATIVE ACTION ATTEMPTING TO PLACE HIM IN A LEAVE WITHOUT PAY STATUS WAS WITHOUT LEGAL EFFECT TO DENY HIM THE COMPENSATION OF HIS OFFICE UNTIL THE EFFECTIVE DATE OF HIS SEPARATION BY THE ACCEPTANCE OF HIS RESIGNATION BY THE PRESIDENT. 1948: I HAVE YOUR LETTER OF JULY 8. WHEN BY ADMINISTRATIVE ACTION HE WAS PLACED ON LEAVE WITHOUT PAY. WHEN HIS RESIGNATION WAS ACCEPTED BY THE PRESIDENT. IT WAS HELD. QUOTING FROM THE SYLLABUS: THE RIGHT TO THE COMPENSATION ATTACHED TO A PUBLIC OFFICE IS AN INCIDENT TO THE TITLE OF THE OFFICE AND NOT TO THE EXERCISE OF THE FUNCTIONS OF THE OFFICE.

B-78252, JULY 27, 1948, 28 COMP. GEN. 68

COMPENSATION - ENTITLEMENT OF COMMISSIONER OF INDIAN AFFAIRS WHILE ABSENT FROM OFFICIAL DUTIES THE COMMISSIONER OF INDIAN AFFAIRS, AN OFFICER APPOINTED BY THE PRESIDENT BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, IS ENTITLED TO THE COMPENSATION ATTACHED TO THAT OFFICE SO LONG AS HE HOLDS THE TITLE THERETO EVEN THOUGH ILLNESS NECESSITATED HIS ABSENCE FROM OFFICIAL DUTIES, SO THAT ADMINISTRATIVE ACTION ATTEMPTING TO PLACE HIM IN A LEAVE WITHOUT PAY STATUS WAS WITHOUT LEGAL EFFECT TO DENY HIM THE COMPENSATION OF HIS OFFICE UNTIL THE EFFECTIVE DATE OF HIS SEPARATION BY THE ACCEPTANCE OF HIS RESIGNATION BY THE PRESIDENT. COMPARE 24 COMP. GEN. 45.

ACTING COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE INTERIOR, JULY 27, 1948:

I HAVE YOUR LETTER OF JULY 8, 1948, REQUESTING DECISION REGARDING THE RIGHT OF THE FORMER COMMISSIONER OF INDIAN AFFAIRS TO COMPENSATION BETWEEN JANUARY 15, 1948, WHEN BY ADMINISTRATIVE ACTION HE WAS PLACED ON LEAVE WITHOUT PAY, AND JUNE 3, 1948, WHEN HIS RESIGNATION WAS ACCEPTED BY THE PRESIDENT.

IN 24 COMP. GEN. 45, THE DECISION REFERRED TO BY YOU, IT WAS HELD, QUOTING FROM THE SYLLABUS:

THE RIGHT TO THE COMPENSATION ATTACHED TO A PUBLIC OFFICE IS AN INCIDENT TO THE TITLE OF THE OFFICE AND NOT TO THE EXERCISE OF THE FUNCTIONS OF THE OFFICE, AS IN THE CASE OF EMPLOYEES, AND THE FAILURE OF AN OFFICER TO PERFORM THE DUTIES OF HIS OFFICE DOES NOT PER SE DEPRIVE HIM OF THE RIGHT TO COMPENSATION, PROVIDED HIS CONDUCT DOES NOT AMOUNT TO AN ABANDONMENT OF THE OFFICE.

THE RECORDER OF DEEDS, DISTRICT OF COLUMBIA--- AN OFFICER AS DISTINGUISHED FROM AN EMPLOYEE--- IS ENTITLED TO THE COMPENSATION ATTACHED TO THE OFFICE SO LONG AS HE HOLDS TITLE THERETO, EVEN THOUGH, BECAUSE OF ILLNESS, HE IS UNABLE TO PERFORM THE DUTIES THEREOF.

AS THE COMMISSIONER OF INDIAN AFFAIRS IS REQUIRED TO BE APPOINTED BY THE PRESIDENT BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, HE IS, IN LINE WITH THE DECISION, SUPRA, ENTITLED TO THE COMPENSATION ATTACHED TO THE OFFICE SO LONG AS HE HELD THE TITLE THERETO NOTWITHSTANDING THAT ILL HEALTH NECESSITATED HIS ABSENCE FROM OFFICIAL DUTIES; HENCE, THE ADMINISTRATIVE ACTION ATTEMPTING TO PLACE HIM ON A LEAVE WITHOUT PAY STATUS WAS WITHOUT LEGAL EFFECT SO FAR AS HIS RIGHT TO COMPENSATION IS CONCERNED. ACCORDINGLY, THE FORMER COMMISSIONER OF INDIAN AFFAIRS IS ENTITLED TO THE COMPENSATION OF HIS OFFICE UNTIL THE EFFECTIVE DATE OF HIS SEPARATION BY THE ACCEPTANCE OF HIS RESIGNATION BY THE PRESIDENT.