B-166640, MAY 21, 1969

B-166640, MAY 21, 1969

TO MR. ATTORNEY GENERAL:

ON MARCH 31, 1969, YOUR ASSISTANT ATTORNEY GENERAL FOR ADMINISTRATION REQUESTED OUR DECISION CONCERNING THE PROPRIETY OF YOUR DEPARTMENT REIMBURSING THE ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS FOR A LUMP-SUM PAYMENT FOR LEAVE MADE BY THAT OFFICE TO MR. ERNEST C. FRIESEN, JR., INCIDENT TO HIS TRANSFER FROM THE POSITION OF ASSISTANT ATTORNEY GENERAL FOR ADMINISTRATION, DEPARTMENT OF JUSTICE, TO THE POSITION OF DIRECTOR, ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, WHICH YOUR ASSISTANT ATTORNEY GENERAL SAYS OCCURRED ON JANUARY 15, 1968.

THE CHIEF JUSTICE OF THE SUPREME COURT OF THE UNITED STATES HAS DETERMINED AS A FACT THAT THE POSITION OF DIRECTOR, ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, IS NOT UNDER THE ANNUAL AND SICK LEAVE STATUTE -- NOW CODIFIED AS 5 U.S.C. 6301-6311 -- AND THAT LEAVE RECORDS ARE NOT TO BE MAINTAINED FOR THE DIRECTOR. OUR OFFICE WILL NOT QUESTION THE DETERMINATION OF THE CHIEF JUSTICE IN SUCH REGARD NOR THE ENTITLEMENT OF MR. FRIESEN TO BE REIMBURSED FOR THE 240 HOURS OF ACCUMULATED ANNUAL LEAVE TO HIS CREDIT AT THE TIME OF TRANSFER. SEE 33 COMP. GEN. 622.

SINCE THE LUMP-SUM PAYMENTS FOR LEAVE ARE CHARGEABLE TO THE APPROPRIATION OF THE AGENCY FROM WHICH AN EMPLOYEE IS SEPARATED (INCLUDING A TRANSFER TO A POSITION NOT SUBJECT TO A LEAVE SYSTEM) IT IS APPROPRIATE THAT YOUR DEPARTMENT REIMBURSE THE ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS FOR 240 HOURS ACCUMULATED ANNUAL LEAVE TO MR. FRIESEN'S CREDIT AT THE TIME OF HIS TRANSFER.

THE VOUCHER TRANSMITTED HERE WITH YOUR DEPARTMENT'S LETTER IS RETURNED FOR APPROPRIATE ACTION.