A-82606, SEPTEMBER 2, 1937, 17 COMP. GEN. 207

A-82606, SEPTEMBER 2, 1937, 17 COMP. GEN. 207

QUARTERS IN KIND--- WITH OR WITHOUT CHARGE--- ADDITIONAL NIGHT, ETC., SERVICES OF REGULAR EMPLOYEES AT C.C.C. CAMPS WHERE EMPLOYEES OF THE DEPARTMENT OF AGRICULTURE ASSIGNED TO CIVILIAN CONSERVATION CORPS CAMPS ARE FURNISHED LODGING AT SUCH TIMES DURING A MONTH AS THEY ARE REQUIRED TO REMAIN ON DUTY OVERNIGHT, OR ON SUNDAYS AND HOLIDAYS, FOR SUPERVISORY DUTIES IN EMERGENCIES OR FOR DUTIES AS CARETAKERS IN ABANDONED CAMPS, OR AT SUCH TIMES AS THEIR RETURN TO THEIR REGULAR RESIDENCES IS RENDERED IMPRACTICABLE BECAUSE OF LATE COMPLETION OF ADDITIONAL DUTIES AS INSTRUCTORS OF ENROLLEES, THE ESTABLISHED MONTHLY QUARTERS ALLOWANCE SHOULD BE PRORATED AND DEDUCTED FOR THE NUMBER OF NIGHTS LODGING FURNISHED DURING EACH PAY PERIOD. THERE IS NO AUTHORITY OF LAW TO DEDUCT THE DETERMINED VALUE OF GOVERNMENT QUARTERS FROM THE COMPENSATION OF ONLY ONE OF TWO EMPLOYEES OCCUPYING SUCH QUARTERS IN COMMON, BUT THE COMPENSATION OF EACH INDIVIDUAL EMPLOYEE MUST SHOW THE PROPER DEDUCTION FOR THE VALUE TO HIM OF THE QUARTERS OCCUPIED.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF AGRICULTURE, SEPTEMBER 2, 1937:

YOUR LETTER OF AUGUST 23, 1937, IS AS FOLLOWS:

THE FOLLOWING STATEMENT IS SUBMITTED FOR YOUR CONSIDERATION AND ADVICE IN REGARD TO WHETHER THIS DEPARTMENT IS REQUIRED TO CHARGE CERTAIN FEDERAL CIVILIAN PERSONNEL FOR QUARTERS IN KIND FURNISHED BY THE GOVERNMENT.

THE DEPARTMENT IN COOPERATING WITH THE DIRECTOR, CIVILIAN CONSERVATION CORPS, ASSIGNS CERTAIN EMPLOYEES SUCH AS CAMP SUPERINTENDENTS, TECHNICAL ASSISTANTS, SENIOR FOREMEN OF LABORERS, CAMP MECHANICS AND BLACKSMITHS' HELPERS TO CERTAIN OF THE CIVILIAN CONSERVATION CORPS CAMPS.

THE EMPLOYEES UNDER DISCUSSION UPON ASSIGNMENT FOUND IT NECESSARY IN SOME INSTANCES TO ESTABLISH AND MAINTAIN RESIDENCES AT DISTANCES VARYING FROM ONE TO THIRTY OR MORE MILES FROM THE CIVILIAN CONSERVATION CORPS CAMP TO WHICH ATTACHED. IN VIEW OF THIS FACT THERE IS CONSIDERABLE DOUBT WHETHER THE DEDUCTIONS FOR QUARTERS ARE JUST AND PROPER IN THE FOLLOWING SITUATIONS:

1. THE MEMBERS COMPRISING THE PERSONNEL IN QUESTION ARE DIRECTLY RESPONSIBLE FOR THE ACTIVITIES OF THE ENROLLEES OF THE CIVILIAN CONSERVATION CORPS CAMPS ENGAGED IN SOIL EROSION ACTIVITIES, AND ARE SUBJECT TO CALL IF AND WHEN AN EMERGENCY OCCURS. THEREFORE, IN ORDER TO BE BETTER PREPARED TO MEET AN EMERGENCY SUCH AS FIRE, FLOOD, ETC., IT IS ESSENTIAL THAT ONE OR MORE MEMBERS OF THE SUPERVISORY PERSONNEL REMAIN ON DUTY FROM THE CLOSE OF BUSINESS ON ONE DAY TO THE RESUMPTION OF ACTIVITIES ON THE FOLLOWING DAY, AND ON SUNDAYS AND HOLIDAYS.

IN THE STUDY OF THIS SITUATION THERE IS FOR CONSIDERATION THE FACT THAT THE EMPLOYEES HAVE NO CHOICE ABOUT COMPLYING WITH THIS REQUIREMENT; THAT THEY ARE IN EFFECT PERFORMING ADDITIONAL UTIES; AND THAT IN STAYING AT THE CAMP OVERNIGHT THEY ARE NOT RELIEVED OF THE EXPENSES RESULTING FROM THE MAINTENANCE OF THEIR REGULARLY ESTABLISHED RESIDENCES. THE DEPARTMENT, IN AN ENDEAVOR TO ALLEVIATE THE SITUATION INSOFAR AS PRACTICABLE, HAS PERMITTED THE EMPLOYEES TO ALTERNATE IN PERFORMANCE OF SUCH ADDITIONAL DUTIES.

2. THE PROGRAM OF THE CIVILIAN CONSERVATION CORPS CONTEMPLATES AMONG OTHER THINGS THE EDUCATIONAL DEVELOPMENT OF THE ENROLLEES, AND IN THE FURTHERANCE OF THIS PROGRAM CERTAIN OF THE EMPLOYEES REMAIN IN CAMP AFTER OFFICIAL WORKING HOURS FOR THE PURPOSE OF INSTRUCTING THE SAID ENROLLEES IN THE VARIOUS TYPES OF AGRICULTURE, MECHANICS, BLACKSMITHING, ETC. IN SOME INSTANCES THIS WORK REQUIRED THE EMPLOYEES TO REMAIN AT THE CAMP UNTIL SUCH A LATE HOUR THAT IT IS IMPRACTICABLE FOR THEM TO RETURN TO THEIR REGULARLY ESTABLISHED RESIDENCES.

IN BOTH SITUATIONS NUMBERED 1 AND 2, THE EMPLOYEES WHILE IN CAMP IN SOME INSTANCES OCCUPY QUARTERS IN THE BUILDING REGULARLY ASSIGNED TO AND TENANTED BY THE ENROLLEES OR ARMY PERSONNEL THAT MIGHT HAVE OTHERWISE REMAINED UNOCCUPIED. HOWEVER, IN OTHER INSTANCES THE EMPLOYEES WHILE IN CAMP MUST OCCUPY BOTH CROWDED AND POORLY VENTILATED QUARTERS, AND TENTS IN WHICH ONLY BEDS AND BEDDING ARE PROVIDED BY THE GOVERNMENT. FURTHERMORE, THE EMPLOYEES DO NOT RECEIVE ANY ADDITIONAL COMPENSATION FOR THE SERVICES THAT RESULT IN THEIR REMAINING IN THE CAMP OVERNIGHT, NOR DOES ANY ADDITIONAL BENEFIT ACCRUE TO THEM BY REASON OF THE FACT THAT THEY DO NOT RETURN TO THEIR REGULARLY ESTABLISHED RESIDENCES. IN FACT, THE ONLY REASONS FOR THE EMPLOYEES TO REMAIN OVERNIGHT ARE THAT THE GOVERNMENT REQUIRES (1) THAT THE SERVICES OF SOME EXPERIENCED PERSONNEL BE IMMEDIATELY AVAILABLE AT ALL TIMES, AND (2) THAT INSTRUCTION WHICH WILL RESULT IN SUBSTANTIAL CONTRIBUTIONS TO THEIR FUTURE USEFULNESS BE GIVEN THE ENROLLEES.

3. IT IS NECESSARY ON SOME OCCASIONS TO PLACE CARETAKERS IN CHARGE OF ABANDONED CAMPS FOR THE EXPRESS PURPOSE OF ACTING AS CUSTODIANS OF THE BUILDINGS AND MACHINERY. IF THEY ARE TO PROPERLY PERFORM THE DUTIES ASSIGNED TO THEM, IT IS NECESSARY THAT THEY REMAIN AT THE CAMP AT ALL TIMES.

4. IN MANY CASES GOVERNMENT QUARTERS ARE FURNISHED AN EMPLOYEE AS PART OF HIS COMPENSATION, AND THE FULL VALUE THEREOF DEDUCTED FROM THE TOTAL RATE OF SALARY FIXED FOR HIS POSITION PURSUANT TO SECTION 3 OF THE ACT OF MARCH 5, 1928, 45 STAT. 193. DURING THE OCCUPANCY OF THE QUARTERS, THIS EMPLOYEE BY REASON OF THE FACT THAT NO OTHER QUARTERS ARE AVAILABLE MAY VOLUNTARILY INCONVENIENCE HIMSELF BY PERMITTING A PORTION OF HIS QUARTERS TO BE OCCUPIED BY ANOTHER EMPLOYEE, WHO ALTHOUGH NOT IN A TRAVEL STATUS HAS BEEN TEMPORARILY ASSIGNED TO THE STATION OR CAMP WHERE THE QUARTERS ARE LOCATED. SINCE THE RENTAL VALUE OF THE ENTIRE QUARTERS IS BEING DEDUCTED FROM THE SALARY OF THE USUAL OCCUPANT IT WOULD APPEAR NECESSARY EITHER TO REDUCE THE AMOUNT OF THIS DEDUCTION DURING THE PERIOD HE RELINQUISHES A PORTION OF THE QUARTERS AND MAKE A DEDUCTION FROM THE SALARY OF THE EMPLOYEE TEMPORARILY OCCUPYING THE QUARTERS OR CONTINUE TO DEDUCT THE FULL AMOUNT OF THE RENTAL VALUE OF THE QUARTERS FROM THE USUAL OCCUPANT AND PERMIT HIM TO MAKE SATISFACTORY FINANCIAL ARRANGEMENTS WITH THE OTHER OCCUPANT.

YOU ARE ADVISED THAT YOUR DECISION OF JANUARY 5, 1937, 16 C.G. 634, HAS BEEN GIVEN CAREFUL CONSIDERATION, AND THERE IS CONSIDERABLE DOUBT WHETHER THE SAME IS APPLICABLE TO ANY OR ALL OF THE SITUATIONS HERETOFORE RELATED. ACCORDINGLY, YOUR FURTHER CONSIDERATION AND ADVICE WILL BE APPRECIATED.

SECTION 3 OF THE ACT OF MARCH 5, 1928, 45 STAT. 193, PROVIDES:

THE HEAD OF AN EXECUTIVE DEPARTMENT OR INDEPENDENT ESTABLISHMENT, WHERE, IN HIS JUDGMENT, CONDITIONS OF EMPLOYMENT REQUIRE IT, MAY CONTINUE TO FURNISH CIVILIANS EMPLOYED IN THE FIELD SERVICE WITH QUARTERS, HEAT, LIGHT, HOUSEHOLD EQUIPMENT, SUBSISTENCE, AND LAUNDRY SERVICE; AND APPROPRIATIONS FOR THE FISCAL YEAR 1929 AND THEREAFTER OF THE CHARACTER HERETOFORE USED FOR SUCH PURPOSES ARE HEREBY MADE AVAILABLE THEREFOR: PROVIDED, THAT THE REASONABLE VALUE OF SUCH ALLOWANCES SHALL BE DETERMINED AND CONSIDERED AS PART OF THE COMPENSATION IN FIXING THE SALARY RATE OF SUCH CIVILIANS.

IN DECISION OF SEPTEMBER 23, 1926, A-15066, IT WAS STATED:

* * * A BUNK FURNISHED A TEMPORARY EMPLOYEE HAS A VALUE WHICH MUST BE DETERMINED AND CONSIDERED AS A PART OF THE TOTAL RATE OF COMPENSATION FIXED FOR THE POSITION. * * *

IN DECISION TO YOU OF JANUARY 5, 1937, 16 COMP. GEN. 634, IT WAS STATED:

* * * IF THE QUARTERS ARE FURNISHED AS A PART OF COMPENSATION, THE VALUE MUST BE ADMINISTRATIVELY DETERMINED AND DEDUCTED FROM THE TOTAL RATE OF COMPENSATION FIXED FOR THE EMPLOYEE'S POSITION, PURSUANT TO SECTION 3 OF THE ACT OF MARCH 5, 1928, 45 STAT. 193. THIS STATUTE DOES NOT AUTHORIZE ANY EXCEPTION SUCH AS PROPOSED WITH RESPECT TO SHACKS, CABINS, ETC., TEMPORARILY FURNISHED EMPLOYEES DURING THE SUMMER MONTHS. SEE DECISION OF SEPTEMBER 23, 1926, A-15066. * * *

IN 6 COMP. GEN. 359, IT WAS HELD (QUOTING FROM THE SYLLABUS):

THE ALLOWANCE OF QUARTERS IN KIND FREE OF CHARGE, IN ADDITION TO THE FIXED RATE OF COMPENSATION SPECIFIED IN THE SCHEDULE OF WAGES FOR THE REGULAR DAYTIME POSITIONS, IS PROHIBITED AS COMPENSATION TO EMPLOYEES OF THE NAVAL ESTABLISHMENT FOR DUTIES PERFORMED OUTSIDE OF REGULAR WORKING HOURS, EITHER ON THE BASIS THAT THE DUTIES OUTSIDE REGULAR WORKING HOURS ARE SEPARATE AND DISTINCT FROM THE REGULAR DUTIES OF THE EMPLOYEES, OR ON THE BASIS THAT THE DUTIES OUTSIDE REGULAR WORK HOURS ARE NOT INCOMPATIBLE WITH EMPLOYMENT IN THE REGULAR DAYTIME POSITIONS, BUT AS EXTRA DUTIES.

WHILE IT IS NOT STATED IN YOUR SUBMISSION JUST HOW MANY NIGHTS EACH MONTH THE RESPECTIVE EMPLOYEES ARE FURNISHED LODGING, IT WOULD APPEAR THAT, NOTWITHSTANDING THAT THEY MAY ALTERNATE ON THE WORK, EACH SUCH EMPLOYEE WOULD BE FURNISHED LODGING FOR A SUBSTANTIAL PORTION OF THE MONTH. WHILE SUCH ALTERNATING NIGHT DUTIES AND LODGING WOULD NOT REQUIRE THE DEDUCTION OF A FULL MONTH'S QUARTERS ALLOWANCE, THE ESTABLISHED QUARTERS ALLOWANCE SHOULD BE PRORATED AND DEDUCTED FOR THE NUMBER OF NIGHTS' LODGING FURNISHED DURING EACH PAY PERIOD.

QUESTIONS 1, 2, AND 3 ARE ANSWERED ACCORDINGLY.

IN 7 COMP. GEN. 336, IT WAS HELD (QUOTING FROM THE SYLLABUS):

THERE IS NO AUTHORITY OF LAW TO DEDUCT THE DETERMINED VALUE OF GOVERNMENT QUARTERS FROM THE COMPENSATION OF ONLY ONE OF TWO EMPLOYEES OCCUPYING GOVERNMENT QUARTERS IN COMMON, BUT THE COMPENSATION OF EACH INDIVIDUAL EMPLOYEE MUST SHOW THE PROPER DEDUCTION FOR THE VALUE TO HIM OF THE GOVERNMENT QUARTERS OCCUPIED. THE RULING IN THE ABOVE DECISION WOULD APPEAR TO ANSWER YOUR QUESTION NO. 4.