B-151285, MAY 16, 1963

B-151285, MAY 16, 1963

TO MR. CHARLES W. ROSS:

THIS REFERS TO LETTER OF MARCH 28, 1963, WITH ENCLOSURE, WRITTEN IN YOUR BEHALF BY MR. MORRIS LAVINE, ATTORNEY AT LAW, TRANSMITTING TO OUR OFFICE YOUR CLAIM FOR OVERTIME COMPENSATION ALLEGED TO BE DUE AS AN EMPLOYEE OF THE DEPARTMENT OF JUSTICE, OFFICE OF THE MARSHAL OF THE UNITED STATES, SOUTHERN DISTRICT OF CALIFORNIA, FOR THE PERIOD AUGUST 3, 1944, TO THE PRESENT DATE.

YOUR CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL APRIL 3, 1963, AND THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A, EXPRESSLY BARS ANY CLAIM, COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE, NOT RECEIVED THERE WITHIN THE TEN-YEAR PERIOD AFTER THE DATE SUCH CLAIM FIRST ACCRUED. ACCORDINGLY, THAT PART OF YOUR CLAIM PRIOR TO APRIL 3, 1953, IS BARRED.

SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 296, AS AMENDED, 68 STAT. 1109, 5 U.S.C. 911, REQUIRES PAYMENT OF OVERTIME COMPENSATION TO CERTAIN EMPLOYEES FOR ALL HOURS OF WORK "OFFICIALLY ORDERED OR APPROVED" IN EXCESS OF FORTY HOURS IN ANY ADMINISTRATIVE WORKWEEK AT THE RATE SET FORTH THEREIN.

CIVIL SERVICE REGULATIONS ISSUED PURSUANT TO SECTION 201 OF THE ABOVE- CITED ACT, PROVIDE GENERALLY FOR PAYMENT FOR OVERTIME OFFICIALLY ORDERED OR APPROVED IN EXCESS OF FORTY HOURS IN ANY ADMINISTRATIVE WORKWEEK. THE REGULATIONS ALSO PROVIDE THAT NO OVERTIME (IN EXCESS OF ANY THAT MAY BE INCLUDED IN THE REGULARLY SCHEDULED ADMINISTRATIVE WORKWEEK) SHALL BE ORDERED OR APPROVED EXCEPT IN WRITING BY AN OFFICER OR EMPLOYEE TO WHOM SUCH AUTHORITY HAS BEEN DELEGATED.

THE ADMINISTRATIVE OFFICE REPORTS THAT THE ATTORNEY GENERAL BY DEPARTMENT OF JUSTICE CIRCULAR NO. 3919, SUPPLEMENT NO. 1, DATED SEPTEMBER 7, 1945, FIXED AN ADMINISTRATIVE WORKWEEK OF 40 HOURS, HOURS A DAY MONDAY THROUGH FRIDAY. FURTHERMORE, THE CIRCULAR PROVIDED THAT ALL OVERTIME COMPENSATION IN UNITED STATES MARSHAL'S AND UNITED STATES ATTORNEYS' OFFICES WAS ELIMINATED EXCEPT THAT AUTHORIZED OR APPROVED BY THE DEPUTY ATTORNEY GENERAL OR THE ADMINISTRATIVE ASSISTANT ATTORNEY GENERAL. COMPENSATORY TIME OFF WAS PROVIDED FOR OVERTIME PERFORMED ON SATURDAY, AND IT WAS SPECIFICALLY STATED THAT "* * * NO COMPENSATION IS AVAILABLE FOR PAYMENT OF OVERTIME.' THE DEPARTMENT OF JUSTICE FURTHER REPORTS THAT THERE IS NO EVIDENCE THAT THE OVERTIME SERVICES FOR PERIODS PRIOR TO MAY 18, 1955, FOR WHICH PAYMENT IS CLAIMED BY YOU WERE ORDERED OR APPROVED BY THE PROPER OFFICIALS. THEREFORE, ON THE BASIS OF THE RECORD BEFORE US THAT PART OF YOUR CLAIM MUST BE DISALLOWED.

NEW REGULATIONS GOVERNING PAYMENT FOR OVERTIME WORK WERE ISSUED ON MAY 18, 1955, BY DEPARTMENT OF JUSTICE MEMORANDUM NO. 154. REGARDING THE OVERTIME ALLEGEDLY PERFORMED SUBSEQUENT TO MAY 18, 1955, YOU HAVE FURNISHED NO INFORMATION AS TO THE DATES IT WAS PERFORMED, THE AMOUNT PERFORMED EACH DAY, THE EXACT TIME IT WAS PERFORMED, AND OF THE NATURE OF THE WORK DONE, SO THAT A DETERMINATION MAY BE MADE AS TO WHETHER ANY OF IT MAY BE MADE CREDITABLE UNDER THE REGULATIONS. FURTHERMORE, YOU HAVE NOT ESTABLISHED THAT ANY OVERTIME WORK PERFORMED SUBSEQUENT TO MAY 18, 1955, WAS ORDERED BY THE UNITED STATES MARSHAL. IN ADDITION TO THE FOREGOING, A STATEMENT SHOULD BE FURNISHED SHOWING THE AMOUNT OF OVERTIME COMPENSATION RECEIVED, OR COMPENSATORY TIME GRANTED, IF ANY. UPON RECEIPT OF THE FOREGOING INFORMATION, FURTHER CONSIDERATION WILL BE GIVEN THAT PART OF