B-125325, SEP. 6, 1955

B-125325, SEP. 6, 1955

TO HONORABLE HENRY P. CHANDLER, DIRECTOR, ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS:

THE ASSISTANT DIRECTOR'S LETTER OF AUGUST 24, 1955, WITH ATTACHED VOUCHER, REQUESTS OUR DECISION WHETHER MR. RALPH KENNAMER MAY BE PAID A LUMP SUM FOR ANNUAL LEAVE ACCRUED INCIDENT TO HIS SERVICE AS SECRETARY AND LAW CLERK WITH JUDGE CHARLES B. KENNAMER OF THE MIDDLE DISTRICT OF ALABAMA, NOW DECEASED.

THE RECORD SHOWS THAT JUDGE KENNAMER, BY LETTER OF JANUARY 11, 1950, IN RESPONSE TO BULLETIN NO. 382, DECEMBER 29, 1949, ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, STATED THAT HE PREFERRED NOT TO KEEP LEAVE RECORDS OF THE KIND PRESCRIBED BY THE JUDICIAL CONFERENCE FOR HIS SECRETARY-LAW CLERK, RALPH KENNAMER. IN HIS LETTER THE JUDGE CERTIFIED THAT HIS SECRETARY-LAW CLERK HAD 90 DAYS ACCUMULATED LEAVE TO HIS CREDIT AS OF MAY 24, 1946, AND THAT HE WAS SURE THAT SUCH CREDIT WOULD STILL STAND AS OF FEBRUARY 1, 1950. THE JUDGE FURTHER STATED THAT RALPH KENNAMER WOULD CLAIM A LUMP-SUM PAYMENT FOR LEAVE UPON HIS SEPARATION FROM THE GOVERNMENT SERVICE.

THE RECORD FURTHER SHOWS THAT JUDGE KENNAMER INFORMED EXAMINER MILLER OF THE DEPARTMENT OF JUSTICE THAT HE HAD ADVISED HIS SECRETARY LAW CLERK THAT IF HE DESIRED TO AVAIL HIMSELF OF THE LEAVE PRIVILEGES REFERRED TO IN BULLETIN NO. 382, IT WOULD BE NECESSARY FOR HIM TO MAINTAIN LEAVE RECORDS AND CHARGE ALL ABSENCES INCLUDING FRACTIONS OF DAYS. THE EXAMINER'S REPORT OF MAY 24, 1950, TO THE ADMINISTRATIVE ASSISTANT ATTORNEY GENERAL SHOWS THAT HE ALSO HAD EXPLAINED THE NEED FOR LEAVE RECORDS OF MR. KENNAMER. NOTWITHSTANDING THE FOREGOING IT IS NOT EVIDENT THAT THE CLAIMANT ESTABLISHED AND MAINTAINED APPROPRIATE LEAVE RECORDS, AND HE NOW ALLEGES THAT HE DID NOT PROPERLY UNDERSTAND THE REQUIREMENTS OF BULLETIN NO. 382 OR THE EXPLANATIONS OF JUDGE KENNAMER AND MR. MILLER WITH REGARD THERETO. THE FAILURE OF MR. KENNAMER TO COMPREHEND THE REQUIREMENTS OF THE BULLETIN AFTER THE REPORTED EXPLANATIONS OF THE JUDGE AND MR. MILLER IS DIFFICULT TO UNDERSTAND AND, IN THE ABSENCE OF OTHER EVIDENCE, WOULD APPEAR TO JUSTIFY THE DISALLOWANCE OF HIS CLAIM. HOWEVER, IT APPEARS, IN CONNECTION WITH AN EXAMINATION CONDUCTED BY MR. BAER OF THE DEPARTMENT OF JUSTICE IN JUNE 1954, THAT JUDGE KENNAMER ON JUNE 17, 1954, EXECUTED AN AFFIDAVIT CERTIFYING THAT THE CLAIMANT HAD 90 DAYS ACCUMULATED LEAVE TO HIS CREDIT ON JANUARY 1, 1954. IN VIEW OF THAT CERTIFICATE, WHICH MAY BE GIVEN DUE WEIGHT, WE WILL NOT OBJECT TO THE PAYMENT OF PROPER AMOUNT ALLOWABLE, PROVIDED MR. KENNAMER SUBMITS IN AFFIDAVIT FORM A STATEMENT--- CORROBORATED TO THE BEST OF THEIR KNOWLEDGE BY MR. WITTEN, CHIEF PROBATION OFFICER, AND MR. C. E. SMITH, DEPUTY CLERK, REFERRED TO IN HIS LETTER OF AUGUST 10, 1955--- THAT HE DID NOT USE ANNUAL LEAVE IN EXCESS OF LEAVE ACCRUALS SINCE JANUARY 1, 1954, AND THAT UPON THE DATE OF HIS SEPARATION HE STILL HAD 90 DAYS TO HIS CREDIT.

THE VOUCHER TRANSMITTED WITH THE ASSISTANT DIRECTOR'S LETTER IS RETURNED HEREWITH AND MAY BE CERTIFIED FOR PAYMENT UPON SUBSTANTIAL COMPLIANCE BY THE CLAIMANT WITH THE CONDITIONS REFERRED TO IMMEDIATELY ABOVE.