B-92325, MARCH 28, 1950, 29 COMP. GEN. 391

B-92325, MARCH 28, 1950, 29 COMP. GEN. 391

JURY DUTY - DISTRICT OF COLUMBIA SCHOOL TEACHERS IN VIEW OF SECTION 2 OF THE ACT OF JUNE 29, 1940, PROHIBITING THE PAYMENT OF COMPENSATION TO AN EMPLOYEE OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA FOR JURY DUTY IN ANY COURT OF THE UNITED STATES, A PUBLIC SCHOOL TEACHER OF THE DISTRICT OF COLUMBIA WHO RECEIVES AN ANNUAL SALARY IN TEN EQUAL INSTALLMENTS AND WHOSE SCHOOL TERM COMMENCES IN SEPTEMBER AND ENDS IN JUNE MAY NOT BE PAID FOR JURY SERVICE IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, EVEN THOUGH SUCH SERVICE WAS RENDERED DURING THE SUMMER VACATION PERIOD.

COMPTROLLER GENERAL WARREN TO CHRISTOPHER C. HOUSE, MARCH 28, 1950:

REFERENCE IS MADE TO A LETTER DATED DECEMBER 13, 1949, FROM THE LAW FIRM OF COBB, HOWARD AND HAYES RELATIVE TO YOUR CLAIM FOR COMPENSATION FOR SERVICES RENDERED AS A JUROR IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA DURING THE PERIOD JULY 5 TO JULY 29, 1949.

DURING THE SAID PERIOD OF JURY SERVICE YOU WERE EMPLOYED BY THE DISTRICT OF COLUMBIA AS A TEACHER AT CARDOZO HIGH SCHOOL AND, WHILE SCHOOL WAS NOT IN SESSION AT THAT TIME, YOUR CLAIM FOR REIMBURSEMENT FOR SUCH SERVICES WAS DISALLOWED BY GENERAL ACCOUNTING OFFICE SETTLEMENT OF NOVEMBER 1, 1949, AS BEING PRECLUDED UNDER SECTION 2 OF THE ACT OF JUNE 29, 1940, 54 STAT. 689.

IN EFFECT IT IS CONTENDED IN THE SAID LETTER OF DECEMBER 13 THAT YOUR CLAIM SHOULD HAVE BEEN ALLOWED SINCE YOU HAD COMPLETED THE SCHOOL YEAR OF SERVICE PRIOR TO THE RENDITION OF THE JURY SERVICE IN QUESTION; THAT YOU WERE FREE TO ENGAGE IN PRIVATE PURSUITS DURING THE MONTHS OF JULY AND AUGUST; AND THAT YOU WERE REQUIRED TO RENDER THE JURY SERVICE IN QUESTION AGAINST YOUR WISHES AND AT PERSONAL INCONVENIENCE AND EXPENSE.

THE SAID ACT OF JUNE 29, 1940, SO FAR AS HERE MATERIAL, PROVIDES AS FOLLOWS:

THAT THE COMPENSATION OF ANY EMPLOYEE OF THE UNITED STATES OR OF THE DISTRICT OF COLUMBIA WHO MAY BE CALLED UPON FOR JURY SERVICE IN ANY STATE COURT OR COURT OF THE UNITED STATES SHALL NOT BE DIMINISHED DURING THE TERM OF SUCH JURY SERVICE BY REASON OF SUCH ABSENCE, EXCEPT AS PROVIDED IN SECTION 3, NOR SHALL SUCH PERIOD OF SERVICE BE DEDUCTED FROM THE TIME ALLOWED FOR ANY LEAVE OF ABSENCE AUTHORIZED BY LAW.

SEC. 2. ANY EMPLOYEE SPECIFIED IN SECTION 1 WHO MAY BE CALLED UPON FOR JURY SERVICE IN ANY COURT OF THE UNITED STATES SHALL NOT RECEIVE ANY COMPENSATION FOR SUCH SERVICE.

SECTION 2 OF THE SAID ACT CONSISTENTLY HAS BEEN CONSTRUED BY THE ACCOUNTING OFFICERS OF THE GOVERNMENT AS PROHIBITING PAYMENT TO AN EMPLOYEE OF THE UNITED STATES OR OF THE DISTRICT OF COLUMBIA OF COMPENSATION FOR JURY DUTY FOR THOSE DAYS ON WHICH HE MAY PERFORM JURY SERVICE IN UNITED STATES COURTS WHILE IN A PAY STATUS IN HIS CIVILIAN POSITION. 20 COMP. GEN. 276, 278. AS A TEACHER IN THE PUBLIC SCHOOLS OF THE DISTRICT OF COLUMBIA YOU ARE COMPENSATED UPON AN ANNUAL SALARY BASIS AND THE FACT THAT YOUR ANNUAL SALARY IS PAID IN TEN EQUAL INSTALLMENTS AND THAT THE SCHOOL TERM COMMENCES IN SEPTEMBER AND ENDS IN JUNE IS IMMATERIAL SO FAR AS CONCERNS THE APPLICABILITY OF SECTION 2 OF THE 1940 STATUTE SINCE YOU ARE CONSIDERED AS BEING IN A PAY STATUS FOR THE SCHOOL VACATION PERIOD. 21 COMP. GEN. 20, 22.

ACCORDINGLY, UPON REVIEW THE SETTLEMENT OF NOVEMBER 1, 1949, IS SUSTAINED.