B-160572, JAN. 31, 1967
Highlights
TO AUTHORIZED CERTIFYING OFFICER: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 12. TAYLOR WAS EMPLOYED AS A COOK AT THE TOYON JOB CORPS CENTER. HIS BASIC COMPENSATION WAS $3 PER HOUR. WHILE HE WAS DISLOCATED FROM HIS FAMILY. HE DID NOT RECEIVE ANY COMPENSATION FOR THESE ADDITIONAL DUTIES WHICH WERE PERFORMED FROM MAY 27. WE INFER THAT THE CENTER DIRECTOR WAS WITHOUT AUTHORITY AT THE TIME THE CLAIMANT'S OVERTIME SERVICES WERE RENDERED TO APPROVE SUCH SERVICES. IT IS ADMINISTRATIVELY FOUND THAT THE CENTER DIRECTOR'S ACTION WAS RATIFIED BY AN OFFICER HAVING THE REQUISITE AUTHORITY THEN THE GOVERNMENT IS OBLIGATED TO COMPENSATE THE CLAIMANT FOR THE OVERTIME SERVICES PERFORMED BY HIM AND TO COLLECT BY SETOFF THE NOMINAL CHARGE FOR QUARTERS FURNISHED ON THOSE NIGHTS HE DID NOT SERVE AS ASSISTANT PROCTOR.
B-160572, JAN. 31, 1967
TO AUTHORIZED CERTIFYING OFFICER:
REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 12, 1966, FILE 2-363, REQUESTING AN ADVANCE DECISION ON WHETHER YOU MAY CERTIFY FOR PAYMENT A SUPPLEMENTAL PAYROLL VOUCHER IN FAVOR OF GEORGE TAYLOR, A FORMER WAGE BOARD EMPLOYEE OF THE BUREAU OF RECLAMATION, U.S. DEPARTMENT OF THE INTERIOR, FOR OVERTIME COMPENSATION CLAIMED IN THE AMOUNT OF $412.63.
ON APRIL 19, 1965, MR. TAYLOR WAS EMPLOYED AS A COOK AT THE TOYON JOB CORPS CENTER. HIS BASIC COMPENSATION WAS $3 PER HOUR, OVERTIME BEING PAYABLE ON THE BASIS OF $6 PER HOUR. TOGETHER WITH OTHER STAFF MEMBERS, MR. TAYLOR AGREED TO SERVE AS A SUBSTITUTE DORMITORY PROCTOR, IN ADDITION TO HIS DUTIES AS A COOK, WHILE HE WAS DISLOCATED FROM HIS FAMILY. EXCHANGE FOR RECEIVING QUARTERS AT NO CHARGE, MR. TAYLOR ASSISTED THE DORMITORY PROCTOR ON TWO EVENINGS PER WEEK BETWEEN THE HOURS OF 5 P.M. AND 11 P.M. HE DID NOT RECEIVE ANY COMPENSATION FOR THESE ADDITIONAL DUTIES WHICH WERE PERFORMED FROM MAY 27, 1965, THROUGH JULY 25, 1965.
IN THE LIGHT OF SECTION 315.3.5 OF RECLAMATION INSTRUCTIONS, REGION 2 SUPPLEMENT, DATED OCTOBER 11, 1965, WE INFER THAT THE CENTER DIRECTOR WAS WITHOUT AUTHORITY AT THE TIME THE CLAIMANT'S OVERTIME SERVICES WERE RENDERED TO APPROVE SUCH SERVICES. THEREFORE, ABSENT RATIFICATION BY A BUREAU OFFICIAL THEN EMPOWERED TO APPROVE OVERTIME SERVICES, THE ARRANGEMENT MADE BY THE CENTER DIRECTOR TO OBTAIN THE SERVICES OF ASSISTANT DORMITORY PROCTORS COULD NOT OPERATE TO OBLIGATE THE GOVERNMENT.
IF, HOWEVER, IT IS ADMINISTRATIVELY FOUND THAT THE CENTER DIRECTOR'S ACTION WAS RATIFIED BY AN OFFICER HAVING THE REQUISITE AUTHORITY THEN THE GOVERNMENT IS OBLIGATED TO COMPENSATE THE CLAIMANT FOR THE OVERTIME SERVICES PERFORMED BY HIM AND TO COLLECT BY SETOFF THE NOMINAL CHARGE FOR QUARTERS FURNISHED ON THOSE NIGHTS HE DID NOT SERVE AS ASSISTANT PROCTOR.
ACTION ON THE VOUCHER, RETURNED HEREWITH, SHOULD BE TAKEN IN ACCORDANCE WITH THE ABOVE.