B-78956, AUGUST 19, 1948, 28 COMP. GEN. 107

B-78956: Aug 19, 1948

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EVEN THOUGH SALARY PAYMENTS ARE MADE FROM FUNDS APPROPRIATED BY THE DISTRICT OF COLUMBIA APPROPRIATION ACT. 1948: I HAVE YOUR LETTER OF AUGUST 2. " THE PROVISIONS OF THIS ACT GRANTING AN INCREASE IN COMPENSATION TO THE EMPLOYEES OF THE UNITED STATES AND OF THE DISTRICT OF COLUMBIA SHALL NOT APPLY TO ANY EMPLOYEES IN OR UNDER THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA PRIOR TO THE TIME THAT LEGISLATION PROVIDING ADEQUATE REVENUE TO MEET THE OBLIGATION IN THE DISTRICT OF COLUMBIA IS ENACTED BY THE CONGRESS AND BECOMES EFFECTIVE.'. FUNDS FOR PAYMENT OF SALARIES AND EXPENSES FOR THE PROBATION SYSTEM OF THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLUMBIA ARE PROVIDED FOR IN THE ANNUAL APPROPRIATION ACTS FOR THE DISTRICT OF COLUMBIA AND THE AUDITOR OF THE DISTRICT OF COLUMBIA HAS ADVISED THE PROBATION OFFICER THAT.

B-78956, AUGUST 19, 1948, 28 COMP. GEN. 107

COMPENSATION - RATES - INCREASES UNDER POSTAL RATE REVISION AND FEDERAL EMPLOYEES SALARY ACT OF 1948 - OFFICE OF THE PROBATION OFFICER, DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLUMBIA THE PROVISIONS OF SECTION 304 OF THE POSTAL RATE REVISION AND FEDERAL EMPLOYEES SALARY ACT OF 1948, EXCLUDING EMPLOYEES "IN OR UNDER THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA" FROM THE BENEFITS OF THE SALARY INCREASE PROVISIONS OF THE ACT, DO NOT PRECLUDE PAYMENT OF THE SALARY INCREASES TO EMPLOYEES OF THE OFFICE OF THE PROBATION OFFICER, DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLUMBIA, WHICH FUNCTIONS SOLELY AS AN ADJUNCT OF THE COURT UNDER THE JUDICIAL BRANCH OF THE GOVERNMENT, EVEN THOUGH SALARY PAYMENTS ARE MADE FROM FUNDS APPROPRIATED BY THE DISTRICT OF COLUMBIA APPROPRIATION ACT, 1949.

COMPTROLLER GENERAL WARREN TO THE PROBATION OFFICER, DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLUMBIA, AUGUST 19, 1948:

I HAVE YOUR LETTER OF AUGUST 2, 1948, AS FOLLOWS:

THE 80TH CONGRESS ACT H.R. 6916, SEC. 304, ENTITLED "AN ACT TO PROVIDE FOR PERMANENT POSTAL RATES AND TO PROVIDE PAY INCREASES FOR GOVERNMENT EMPLOYEES" PROVIDES, IN PART," THE PROVISIONS OF THIS ACT GRANTING AN INCREASE IN COMPENSATION TO THE EMPLOYEES OF THE UNITED STATES AND OF THE DISTRICT OF COLUMBIA SHALL NOT APPLY TO ANY EMPLOYEES IN OR UNDER THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA PRIOR TO THE TIME THAT LEGISLATION PROVIDING ADEQUATE REVENUE TO MEET THE OBLIGATION IN THE DISTRICT OF COLUMBIA IS ENACTED BY THE CONGRESS AND BECOMES EFFECTIVE.'

FUNDS FOR PAYMENT OF SALARIES AND EXPENSES FOR THE PROBATION SYSTEM OF THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLUMBIA ARE PROVIDED FOR IN THE ANNUAL APPROPRIATION ACTS FOR THE DISTRICT OF COLUMBIA AND THE AUDITOR OF THE DISTRICT OF COLUMBIA HAS ADVISED THE PROBATION OFFICER THAT, PENDING A DECISION BY THE COMPTROLLER GENERAL OF THE UNITED STATES, THE INCREASE IN SALARY PROVIDED IN THE ABOVE CITED ACT CANNOT BE PAID TO THE EMPLOYEES OF THE PROBATION SYSTEM.

THE PROBATION SYSTEM IS NOT "IN OR UNDER THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA; , IT IS, IN EVERY RESPECT, UNDER THE CONTROL AND JURISDICTION OF THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLUMBIA. THE PROBATION OFFICER KNOWS OF NO DECISION HERETOFORE MADE BY THE COMPTROLLER GENERAL RELATIVE TO THIS BUT THE ACT CREATING THE PROBATION SYSTEM ( JUNE 25, 1910, 36 STAT. 864 CH. 433) (CH. 101-105, T. 24, D.C. CODE) PROVIDES APPOINTMENT OF THE PROBATION OFFICER, HIS ASSISTANTS AND OTHER EMPLOYEES SHALL BE MADE BY "THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLUMBIA IN GENERAL TERM.'

IN VIEW OF THE FACT THAT THE ENTIRE OPERATION OF THE PROBATION SYSTEM OF THIS COURT IS UNDER THE EXCLUSIVE CONTROL AND JURISDICTION OF THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLUMBIA, A JUDICIAL BRANCH OF THE FEDERAL GOVERNMENT, IT WOULD APPEAR TO BE INCONTROVERTIBLE THAT THE SIXTEEN (16) EMPLOYEES OF MY OFFICE ARE ENTITLED TO THE INCREASE IN PAY PROVIDED FEDERAL EMPLOYEES BY THE ACT HERETOFORE CITED, TO BE EFFECTIVE JULY 1, 1948. A DECISION FROM THE COMPTROLLER GENERAL OF THE UNITED STATES IS RESPECTFULLY REQUESTED.

UNDER THE ACT OF JUNE 25, 1910, 36 STAT. 864, AS AMENDED ( TITLE 24, SECTIONS 101-105, D.C. CODE), THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLUMBIA HAS THE POWER OF APPOINTMENT AND REMOVAL OF THE PROBATION OFFICERS AND EMPLOYEES UNDER IT, AS WELL AS THE FIXING OF THE DUTIES AND RESPONSIBILITIES OF THEIR OFFICES OR POSITIONS. IN VIEW THEREOF, AND SINCE THE FUNCTIONS OF THE OFFICE ARE PERFORMED EXCLUSIVELY IN CONNECTION WITH THE BUSINESS OF THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLUMBIA, IT IS REASONABLE TO CONCLUDE THAT, WHILE SAID OFFICE MAY NOT BE A PART OF THE COURT PROPER, ITS FUNCTIONS ARE REQUIRED TO BE, AND ARE, PERFORMED SOLELY AS AN ADJUNCT OF THE COURT, AND, FOR THAT REASON, IT IS "IN OR UNDER" THE JUDICIAL BRANCH OF THE GOVERNMENT, RATHER THAN "IN OR UNDER THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA," WITHIN THE MEANING OF THAT TERM APPEARING IN SECTION 304 OF THE POSTAL RATE REVISION AND FEDERAL EMPLOYEES SALARY ACT OF 1948, PUBLIC LAW 900, 62 STAT. 1268. CF. 22 COMP. GEN. 685; B-78512, AUGUST 11, 1948, 28 COMP. GEN. 93.

ACCORDINGLY, I HAVE TO ADVISE THAT, NOTWITHSTANDING THAT EMPLOYEES OF THE OFFICE OF THE PROBATION OFFICER, DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLUMBIA, ARE PAID FROM FUNDS APPROPRIATED BY THE DISTRICT OF COLUMBIA APPROPRIATION ACT, 1949, 62 STAT. 545, THEY ARE NOT SUBJECT TO THE PROVISIONS OF SAID SECTION 304 OF PUBLIC LAW 900, WHICH, SO FAR AS EMPLOYEES "IN OR UNDER" THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA ARE CONCERNED, POSTPONES THE DATE OF GRANTING THE INCREASE OF COMPENSATION PROVIDED BY THAT ACT UNTIL SUCH TIME AS LEGISLATION PROVIDING ADEQUATE REVENUES TO MEET THE OBLIGATION IN THE DISTRICT OF COLUMBIA IS ENACTED BY THE CONGRESS AND BECOMES EFFECTIVE.