B-141344, JAN. 6, 1960
Highlights
IS APPLICABLE TO TEMPORARY AND PROBATIONAL TEACHERS EMPLOYED BY THE DISTRICT OF COLUMBIA GOVERNMENT DURING THE PERIOD BETWEEN THE EFFECTIVE DATE OF APPOINTMENTS AND THE OPENING DAY OF SCHOOL WHEN SERVICES FOR THE SCHOOL YEAR ARE FIRST REQUIRED. NOTWITHSTANDING THEIR EMPLOYMENT IS CONTINUOUS. GEN. 20 WE HELD THAT THE DUAL COMPENSATION STATUTE OF 1916 IS APPLICABLE TO THE TEACHERS OF THE DISTRICT OF COLUMBIA FOR PERIODS OF SERVICE. THE CONGRESS HAS AUTHORIZED OTHER EXEMPTIONS FROM THE 1916 ACT FOR THE SCHOOL TEACHERS SUCH AS 40 STAT. 384 WHICH PROVIDES THAT THE 1916 ACT SHALL NOT APPLY TO TEACHERS WHO ARE ALSO EMPLOYED AS TEACHERS OF NIGHT SCHOOLS AND VACATION SCHOOLS. IT IS CLEAR FROM THE ABOVE THAT THE CONGRESS.
B-141344, JAN. 6, 1960
TO HONORABLE ROBERT E. MCLAUGHLIN, PRESIDENT, BOARD OF COMMISSIONERS OF THE DISTRICT OF OLUMBIA:
ON NOVEMBER 27, 1959, THE ACTING PRESIDENT, BOARD OF COMMISSIONERS, D.C., REQUESTED OUR DECISION WHETHER THE ACT OF MAY 10, 1916, AS AMENDED BY THE ACT OF AUGUST 29, 1916, 5 U.S.C. 58, 1952 EDITION (OMITTED IN ERROR FROM THE 1958 EDITION), IS APPLICABLE TO TEMPORARY AND PROBATIONAL TEACHERS EMPLOYED BY THE DISTRICT OF COLUMBIA GOVERNMENT DURING THE PERIOD BETWEEN THE EFFECTIVE DATE OF APPOINTMENTS AND THE OPENING DAY OF SCHOOL WHEN SERVICES FOR THE SCHOOL YEAR ARE FIRST REQUIRED, NOTWITHSTANDING THEIR EMPLOYMENT IS CONTINUOUS. THE SPECIFIC CASE PRESENTED RELATES TO A TEACHER CONTINUOUSLY EMPLOYED BY THE DISTRICT OF COLUMBIA GOVERNMENT UNDER TEMPORARY AND PROBATIONARY APPOINTMENTS FROM SEPTEMBER 1, 1956, AND WHO ALSO HELD EMPLOYMENT WITH THE DEPARTMENT OF PUBLIC HEALTH, D.C., DURING THE SUMMER MONTHS IN 1957 AND 1959.
THE 1916 ACT PROVIDES IN PERTINENT PART AS FOLLOWS:
"UNLESS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, NO MONEY APPROPRIATED BY ANY ACT SHALL BE AVAILABLE FOR PAYMENT TO ANY PERSON RECEIVING MORE THAN ONE SALARY WHEN THE COMBINED AMOUNT OF SAID SALARIES EXCEEDS THE SUM OF $2,000 PER ANNUM.'
IN OUR DECISION 21 COMP. GEN. 20 WE HELD THAT THE DUAL COMPENSATION STATUTE OF 1916 IS APPLICABLE TO THE TEACHERS OF THE DISTRICT OF COLUMBIA FOR PERIODS OF SERVICE, INCLUDING SUMMER VACATION PERIODS, NOT EXPRESSLY EXCEPTED BY OTHER STATUTES. IN THAT DECISION WE POINTED OUT THAT FOR SEVERAL FISCAL YEARS DURING THE WORLD WAR I PERIOD AND IMMEDIATELY THEREAFTER, THE ANNUAL APPROPRIATION ACTS FOR THE DISTRICT OF COLUMBIA CONTAINED A PROVISION EXEMPTING TEACHERS OF THE PUBLIC SCHOOLS OF THE DISTRICT OF COLUMBIA FROM THE PROVISIONS OF THE 1916 ACT WHEN EMPLOYED BY ANY OF THE EXECUTIVE DEPARTMENTS OR INDEPENDENT ESTABLISHMENTS OF THE UNITED STATES GOVERNMENT. SEE ALSO 3 COMP. GEN. 24. FURTHER, THE CONGRESS HAS AUTHORIZED OTHER EXEMPTIONS FROM THE 1916 ACT FOR THE SCHOOL TEACHERS SUCH AS 40 STAT. 384 WHICH PROVIDES THAT THE 1916 ACT SHALL NOT APPLY TO TEACHERS WHO ARE ALSO EMPLOYED AS TEACHERS OF NIGHT SCHOOLS AND VACATION SCHOOLS. THE CURRENT APPROPRIATION ACT FOR THE DISTRICT OF COLUMBIA (73 STAT. 227) ALSO SPECIFICALLY PROVIDES THAT THE 1916 ACT SHALL NOT APPLY FROM JULY 1 TO AUGUST 29, 1959, TO TEACHERS OF THE DISTRICT OF COLUMBIA WHEN EMPLOYED BY ANY OF THE BRANCHES OF THE UNITES STATES GOVERNMENT.
IT IS CLEAR FROM THE ABOVE THAT THE CONGRESS, AND OUR OFFICE, FOR MANY YEARS HAVE VIEWED THE 1916 ACT AS APPLICABLE TO DUAL EMPLOYMENT OF DISTRICT OF COLUMBIA SCHOOL TEACHERS BY EITHER THE FEDERAL GOVERNMENT OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA UNLESS SUCH EMPLOYMENT IS SPECIFICALLY EXCEPTED BY OTHER STATUTES. IN THE CIRCUMSTANCES, AND SINCE, SO FAR AS DUAL EMPLOYMENT IS CONCERNED,THE CONGRESS HAS MADE NO DISTINCTION BETWEEN TEMPORARY, PROBATIONAL, AND REGULAR TEACHERS OF THE DISTRICT OF COLUMBIA, WE HOLD THAT THE 1916 ACT APPLIES TO EMPLOYEES SERVING UNDER TEMPORARY AND AND PROBATIONARY TEACHING APPOINTMENTS WITHOUT A BREAK IN SERVICE BETWEEN SUCH APPOINTMENTS CONCURRENTLY WITH SUMMER EMPLOYMENT IN DEPARTMENT OF PUBLIC HEALTH, .C., AS IN THE CASE OF THE EMPLOYEE MENTIONED IN THE ACTING PRESIDENT'S LETTER.