B-135212, APR. 21, 1958

B-135212, APR. 21, 1958

TO MAJOR GENERAL W. E. POTTER, GOVERNOR:

ON FEBRUARY 6, 1958, YOU REQUESTED OUR DECISION AS TO WHETHER UNDER THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, THE CANAL ZONE GOVERNMENT IS REQUIRED TO TREAT COURT APPEARANCES BY CANAL ZONE POLICEMEN OUTSIDE REGULARLY SCHEDULED DUTY PERIODS AS COMPENSABLE DUTY TIME.

YOU SAY THAT THE APPEARANCES IN COURT BY CANAL ZONE GOVERNMENT POLICEMEN ARE MADE PRIMARILY IN THE UNITED STATES DISTRICT COURT FOR THE CANAL ZONE AND IN MAGISTRATES' COURTS IN THE CANAL ZONE, AND, TO A LESSER EXTENT, IN COURTS MARTIAL AND IN COURTS IN THE REPUBLIC OF PANAMA. THE APPEARANCES NORMALLY INVOLVED THE POLICEMAN'S TESTIFYING IN COURT (ALTHOUGH IN SOME CASES A GUILTY PLEA OR OTHER CIRCUMSTANCES RENDER HIS TESTIMONY UNNECESSARY), AND IN ALL INSTANCES ARE OFFICIALLY ORDERED OR APPROVED APPEARANCES. WE ASSUME THE APPEARANCES ARE MADE ON BEHALF OF THE UNITED STATES AND ARE CONSIDERED AS PART OF HIS OFFICIAL DUTIES.

THE BASIC PAY OF CANAL ZONE GOVERNMENT POLICEMEN HAS FOR MANY YEARS BEEN ESTABLISHED WITH REFERENCE TO THE PAY RATES PRESCRIBED FOR DISTRICT OF COLUMBIA POLICEMEN AND SECTION 1/C) OF THE ACT OF OCTOBER 25, 1951, 65 STAT. 637, DIRECTS THE GOVERNOR OF THE CANAL ZONE TO GRANT ADDITIONAL COMPENSATION TO CANAL ZONE POLICEMEN WHENEVER ADDITIONAL COMPENSATION IS GRANTED DISTRICT OF COLUMBIA POLICE. HOWEVER, WHILE UNDER SECTION 102/A) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 296, AS AMENDED, THE OVERTIME BENEFITS OF THE ACT ARE SPECIFICALLY MADE NOT APPLICABLE TO DISTRICT OF COLUMBIA POLICEMEN, UNDER BARKER V. UNITED STATES, 117 C.CLS. 221, THE OVERTIME BENEFITS OF THE FEDERAL EMPLOYEES PAY ACT WERE HELD TO BE APPLICABLE TO CANAL ZONE POLICEMEN. IN DECISION OF APRIL 23, 1951, B- 77193, WE SAID WE WOULD NOT OBJECT TO PAYMENTS MADE IN ACCORDANCE THEREWITH.

SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT, 5 U.S.C. 911, PROVIDES THAT ALL HOURS OF WORK OFFICIALLY ORDERED OR APPROVED IN EXCESS OF FORTY HOURS IN ANY ADMINISTRATIVE WORKWEEK PERFORMED BY COVERED EMPLOYEES SHALL BE COMPENSABLE OVERTIME WORK. SECTION 203 OF THE ACT, 5 U.S.C. 912/A), PROVIDES THAT ANY UNSCHEDULED OVERTIME WORK PERFORMED BY AN EMPLOYEE ON A DAY WHEN NO WORK WAS SCHEDULED FOR HIM, OR FOR WHICH HE IS REQUIRED TO RETURN TO HIS PLACE OF EMPLOYMENT, SHALL BE CONSIDERED TO BE AT LEAST TWO HOURS IN DURATION. FURTHERMORE, WE HAVE HELD THAT AN EMPLOYEE--- WHO AS PART OF HIS OFFICIAL DUTIES IS REQUIRED TO TESTIFY IN COURT--- MAY BE COMPENSATED UNDER SECTION 203 FOR THE OFFICIAL DUTY OF APPEARING IN COURT AS A WITNESS WHERE THE APPEARANCE WAS OUTSIDE THE EMPLOYEE'S REGULARLY SCHEDULED TOUR OF DUTY. 37 COMP. GEN. 1.

AS INDICATED ABOVE, THE OVERTIME COMPENSATION PROVISIONS OF THE FEDERAL EMPLOYEES PAY ACT ARE APPLICABLE TO CANAL ZONE POLICEMEN. CONSEQUENTLY, CANAL ZONE POLICEMEN WHO APPEAR IN COURT IN THE INDICATED CIRCUMSTANCES, IF OTHERWISE ELIGIBLE, ARE ENTITLED TO CALL-BACK OVERTIME PAY UNDER SECTION 203 OF THE ACT.