B-164689, MAR. 31, 1970

B-164689: Mar 31, 1970

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IS ENTITLED TO COMPENSATION FOR REGULARLY SCHEDULED OVERTIME IN ADDITION TO HIS ANNUAL PREMIUM PAY FOR ADMINISTRATIVELY UNCONTROLLABLE OVERTIME SINCE TERM "REGULARLY SCHEDULED OVERTIME" IS CONSTRUED APPLICABLE TO WORK DULY AUTHORIZED IN ADVANCE AND SCHEDULED TO RECUR ON SUCCESSIVE DAYS OR AFTER SPECIFIED INTERVALS. LANGFORD: WE HAVE RECEIVED YOUR LETTER OF MARCH 9. SOME OF THE GUARD DUTY WAS PERFORMED BY DEPUTY U.S. MARSHAL FROM YOUR DISTRICT WAS PLACED IN CHARGE OF THE DETAIL ON A ROTATING BASIS AND. WAS TOLD TO SUPERVISE THE DETAIL AND REMAIN AT THE DETAIL AREA 24 HOURS A DAY. DEPUTY DURRETT WAS IN CHARGE OF THE DETAIL AND HE DID STAND GUARD IN ADDITION TO HIS OTHER DUTIES OF SUPERVISING AND CHECKING ON THE DETAIL. "2.

B-164689, MAR. 31, 1970

COMPENSATION--OVERTIME--REGULAR--WHAT CONSTITUTES "REGULARLY SCHEDULED OVERTIME" DEPUTY U.S. MARSHAL PLACED IN CHARGE OF "SPECIAL ASSIGNMENT" DETAIL TO GUARD GOVT. WITNESS AND FAMILY AND REQUESTED TO REMAIN IN DETAIL AREA AROUND THE CLOCK, ASSIGNING HIMSELF SCHEDULED HOURS OF DUTY, BUT BEING ON CALL FOR EMERGENCIES WHICH DID ARISE OUTSIDE SCHEDULED HOURS, IS ENTITLED TO COMPENSATION FOR REGULARLY SCHEDULED OVERTIME IN ADDITION TO HIS ANNUAL PREMIUM PAY FOR ADMINISTRATIVELY UNCONTROLLABLE OVERTIME SINCE TERM "REGULARLY SCHEDULED OVERTIME" IS CONSTRUED APPLICABLE TO WORK DULY AUTHORIZED IN ADVANCE AND SCHEDULED TO RECUR ON SUCCESSIVE DAYS OR AFTER SPECIFIED INTERVALS. SEE 48 COMP. GEN. 334.

TO MR. EVERETT R. LANGFORD:

WE HAVE RECEIVED YOUR LETTER OF MARCH 9, 1970, ADDING TO INFORMATION CONTAINED IN YOUR LETTER OF JANUARY 7, 1970, REQUESTING A DECISION AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT THE CLAIM OF MR. ORES DURRETT, DEPUTY U.S. MARSHAL, WESTERN DISTRICT OF KENTUCKY, LOUISVILLE, KENTUCKY.

THE RECORD NOW SHOWS THAT FROM JULY 1968 TO APRIL 1969 YOU HAD A "SPECIAL ASSIGNMENT" IN YOUR DISTRICT WHICH CONSISTED OF GUARDING A GOVERNMENT WITNESS AND HIS FAMILY. SOME OF THE GUARD DUTY WAS PERFORMED BY DEPUTY U.S. MARSHALS SENT INTO YOUR DISTRICT ON A TEMPORARY BASIS. A DEPUTY U.S. MARSHAL FROM YOUR DISTRICT WAS PLACED IN CHARGE OF THE DETAIL ON A ROTATING BASIS AND, ALTHOUGH NOT ASSIGNED ANY SPECIFIC HOURS, WAS TOLD TO SUPERVISE THE DETAIL AND REMAIN AT THE DETAIL AREA 24 HOURS A DAY.

IN YOUR LETTER OF MARCH 9, 1970, YOU STATE, AMONG OTHER THINGS, THE FOLLOWING:

"1. DEPUTY DURRETT WAS IN CHARGE OF THE DETAIL AND HE DID STAND GUARD IN ADDITION TO HIS OTHER DUTIES OF SUPERVISING AND CHECKING ON THE DETAIL.

"2. THE NUMBER OF OTHER DEPUTY U.S. MARSHALS STANDING GUARD - SEVEN. THE LENGTH OF EACH GUARD'S ASSIGNMENT - TWO WEEKS.

"5. REGULARITY OF ASSIGNMENT - DEPUTY DURRETT ASSIGNED HIMSELF THE HOURS OF 8:00 AM TO MIDNIGHT. DEPUTY DURRETT WORKED THIS SHIFT BECAUSE DURING THIS TIME WAS WHEN WITNESS AND HIS FAMILY WERE AWAKE AND ANY MOVEMENT OF THEM WAS PERFORMED DURING THIS TIME. IN ADDITION TO THIS SHIFT DEPUTY DURRETT WAS ON CALL FOR ANY EMERGENCY THAT MIGHT ARISE AND SEVERAL DID ARISE."

YOU ASK WHETHER, UNDER THE CIRCUMSTANCES, OVERTIME CLAIMED BY MR. DURRETT FOR THE PERIOD SEPTEMBER 22 TO OCTOBER 3, 1968, IS TO BE CONSIDERED ADMINISTRATIVELY UNCONTROLLABLE OVERTIME OR REGULARLY SCHEDULED OVERTIME AS PROVIDED BY 5 U.S.C. 5545 (C) (2).

IN CONSTRUING THE TERM "REGULARLY SCHEDULED OVERTIME" WE HAVE HELD THAT IT WAS APPLICABLE TO WORK "WHICH WAS DULY AUTHORIZED IN ADVANCE AND SCHEDULED TO RECUR ON SUCCESSIVE DAYS OR AFTER SPECIFIED INTERVALS." SEE B-164689, NOVEMBER 20, 1968, REPORTED AT 48 COMP. GEN. 334. UNDER THE CIRCUMSTANCES OF THIS CASE WE FIND, THEREFORE, THAT MR. DURRETT IS ENTITLED TO COMPENSATION FOR REGULARLY SCHEDULED OVERTIME IN ADDITION TO HIS ANNUAL COMPENSATION OF PREMIUM PAY FOR ADMINISTRATIVELY UNCONTROLLABLE OVERTIME, AND YOU MAY CERTIFY THE CLAIM FOR PAYMENT TO THE EXTENT OF SUCH OVERTIME HOURS ADMINISTRATIVELY DETERMINED TO BE DUE.

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