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B-171637, MAR 26, 1971

B-171637 Mar 26, 1971
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REPRESENTING $8 PER DAY HE WAS PAID INCIDENT TO JURY DUTY. CLAIMANT WAS PAID A TOTAL OF $22 PER DAY ON 12 WORKDAYS AS COMPENSATION FOR JURY DUTY. THE REGULAR JUROR'S FEE OF $14 PER DAY WAS PROPERLY REMITTED TO THE DISBURSING OFFICER PURSUANT TO 5 U.S.C. 5515. HOWEVER THE ADDITIONAL $8 PER DAY WAS PAID FOR INCONVENIENCE OF CONTINUOUS CONFINEMENT. SINCE THIS WAS TIME DURING WHICH THE EMPLOYEE WAS NOT REQUIRED TO BE ON DUTY AND CONSEQUENTLY NOT TIME COVERED BY LEAVE. THE REQUIREMENT OF SECTION 5515 OF TITLE 5 OF CREDITING JURY FEES AGAINST PAY IS NOT FOR APPLICATION. JOHNSON: THIS WILL REFER TO A REQUEST FOR AN ADVANCE DECISION FORWARDED TO THIS OFFICE BY THE COMMANDER. SERVED AS A JUROR IN A STATE COURT BETWEEN 6 MAY AND 21 MAY 1970 AND WAS GRANTED COURT LEAVE DURING THIS PERIOD.

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B-171637, MAR 26, 1971

JURY FEES - ADDITIONAL COMPENSATION DECISION ALLOWING PAYMENT OF $96 CLAIM TO WILBERT MASON, AN EMPLOYEE OF THE BOSTON NAVAL SHIPYARD, REPRESENTING $8 PER DAY HE WAS PAID INCIDENT TO JURY DUTY. CLAIMANT WAS PAID A TOTAL OF $22 PER DAY ON 12 WORKDAYS AS COMPENSATION FOR JURY DUTY. THE REGULAR JUROR'S FEE OF $14 PER DAY WAS PROPERLY REMITTED TO THE DISBURSING OFFICER PURSUANT TO 5 U.S.C. 5515. HOWEVER THE ADDITIONAL $8 PER DAY WAS PAID FOR INCONVENIENCE OF CONTINUOUS CONFINEMENT, FOR PERIODS EXTENDING BEYOND 4:30 P.M., THE NORMAL CLOSE OF CLAIMANT'S WORKDAY. SINCE THIS WAS TIME DURING WHICH THE EMPLOYEE WAS NOT REQUIRED TO BE ON DUTY AND CONSEQUENTLY NOT TIME COVERED BY LEAVE, THE REQUIREMENT OF SECTION 5515 OF TITLE 5 OF CREDITING JURY FEES AGAINST PAY IS NOT FOR APPLICATION.

TO LIEUTENANT EDWARD D. JOHNSON:

THIS WILL REFER TO A REQUEST FOR AN ADVANCE DECISION FORWARDED TO THIS OFFICE BY THE COMMANDER, NAVY ACCOUNTING AND FINANCE CENTER, WASHINGTON, D.C., UNDER DATE OF DECEMBER 31, 1970 (REFERENCE NAFC 3121/SER U383), ON THE CLAIM OF MR. WILBERT MASON, AN EMPLOYEE OF THE BOSTON NAVAL SHIPYARD, FOR CERTAIN FEES RECEIVED FOR JURY DUTY.

AS STATED IN THE ADMINISTRATIVE REPORT OF THE COMMANDER, BOSTON NAVAL SHIPYARD:

"MR. WILBERT MASON, AN EMPLOYEE OF BOSTON NAVAL SHIPYARD, SERVED AS A JUROR IN A STATE COURT BETWEEN 6 MAY AND 21 MAY 1970 AND WAS GRANTED COURT LEAVE DURING THIS PERIOD. MR. MASON WAS PAID JUROR FEES AT THE RATE OF $22.00 A DAY ($14.00 REGULAR COMPENSATION, $8.00 EXTRA COMPENSATION FOR BEING CONFINED TO THE COURTHOUSE BEYOND THE NORMAL JURY DAY). UPON RETURN TO DUTY, MR. MASON TURNED IN TO THE DISBURSING OFFICE $264.00 (12 DAYS AT THE FULL RATE OF $22.00 A DAY), AND RETAINED $88.00 (4 NONWORKDAYS, SATURDAYS AND SUNDAYS, AT $22.00 A DAY)." MR. MASON'S REGULAR TOUR OF DUTY IS 8 A.M. TO 4:30 P.M., MONDAY THROUGH FRIDAY.

MR. MASON'S CLAIM IN AN AMOUNT OF $96 IS FOR THE $8 PER DAY HE WAS PAID ON 12 WORKDAYS AS COMPENSATION FOR THE INCONVENIENCE OF CONTINUOUS CONFINEMENT IN ADDITION TO THE REGULAR JUROR'S FEE OF $14 PER DAY. ISSUE IS RAISED AS TO THE RELINQUISHMENT OF THE REGULAR JUROR'S COMPENSATION OF $14 PER DAY ON WORKDAYS. HOWEVER, WITH RESPECT TO THE ADDITIONAL $8 FEE, IT IS MR. MASON'S CONTENTION THAT THIS AMOUNT WAS COMPENSATION FOR JURY SERVICE PERFORMED EACH DAY DURING TIME IN EXCESS OF HIS REGULAR WORKING HOURS.

SECTION 5515 OF TITLE 5, U.S.C. PROVIDES AS FOLLOWS:

"CREDITING AMOUNTS RECEIVED FOR JURY SERVICE IN STATE COURTS

"AN AMOUNT RECEIVED BY AN EMPLOYEE AS DEFINED BY SECTION 2105 OF THIS TITLE OR AN INDIVIDUAL EMPLOYED BY THE GOVERNMENT OF THE DISTRICT OF COLUMBIA FOR JURY SERVICE IN A STATE COURT FOR A PERIOD DURING WHICH THE EMPLOYEE OR INDIVIDUAL IS ENTITLED TO LEAVE UNDER SECTION 6322 OF THIS TITLE SHALL BE CREDITED AGAINST PAY PAYABLE BY THE UNITED STATES OR THE DISTRICT OF COLUMBIA TO THE EMPLOYEE OR INDIVIDUAL. PUB. L. 89 554, SEPT. 6, 1966, 80 STAT. 478."

DECISIONS OF THIS OFFICE HAVE HELD THAT JURY FEES RECEIVED FOR SERVICE PERFORMED DURING PERIODS OUTSIDE THE EMPLOYEE'S REGULAR TOUR OF DUTY NEED NOT BE RELINQUISHED SINCE THE JURY SERVICE DOES NOT OCCUR DURING A PERIOD REQUIRING PERFORMANCE OF DUTY. SINCE THE GOVERNMENT LOSES NO SERVICES OTHERWISE AVAILABLE, "THERE APPEARS NO REQUIREMENT OF LAW THAT THE JURY FEES RECEIVED *** BE APPLIED TO MAKE THE GOVERNMENT WHOLE *** ." 24 COMP. GEN. 450 (1944). SEE, ALSO, 28 COMP. GEN. 729 (1949) AND 36 COMP. GEN. 378 (1956).

IN THIS CASE THE JURY DUTY WAS PERFORMED FOR AN UNINTERRUPTED PERIOD OF 16 DAYS, 12 OF WHICH WERE WORKDAYS DURING WHICH THE EMPLOYEE WAS ON SUCH DUTY OR IN CONFINEMENT INCIDENT THERETO FOR PERIODS COINCIDING WITH AND EXTENDING BEYOND HIS NORMAL TOUR OF DUTY. WE BELIEVE IT MAY BE CONSIDERED THAT THE PERIODS FOR WHICH REGULAR JUROR'S COMPENSATION ($14 PER DAY) WAS PAID WERE EQUIVALENT TO THE EMPLOYEE'S REGULARLY SCHEDULED TOUR OF DUTY AND WERE PROPERLY REMITTED TO THE DISBURSING OFFICER. WITH RESPECT TO THE ADDITIONAL COMPENSATION FOR THE INCONVENIENCE OF CONTINUOUS CONFINEMENT OVERNIGHT ($8 PER DIEM), THIS WAS FOR PERIODS OF TIME EXTENDING BEYOND 4:30 P.M., THE NORMAL CLSOE OT THE WORKDAY. SINCE THIS WAS TIME DURING WHICH THE EMPLOYEE WAS NOT REQUIRED TO BE ON DUTY AND, CONSEQUENTLY, NOT TIME COVERED BY LEAVE, THE REQUIREMENT OF SECTION 5515 OF TITLE 5 OF CREDITING JURY FEES AGAINST PAY IS NOT FOR APPLICATION.

ACCORDINGLY, THE VOUCHER RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.

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