B-43261, AUGUST 3, 1944, 24 COMP. GEN. 64
Highlights
ARE APPOINTED BY THE RECORDER OF DEEDS. ARE EMPLOYEES RATHER THAN OFFICERS. THEY ARE NOT ENTITLED TO COMPENSATION AS INCIDENT TO HOLDING TITLE TO A PUBLIC OFFICE. 24 COMP. 1944: REFERENCE IS MADE TO LETTER OF JULY 22. WE WOULD BE PLEASED TO HAVE YOU ADVISE US IF THE OPINION THEREIN RENDERED IS APPLICABLE TO THE FIRST DEPUTY RECORDER OF DEEDS FOR THE DISTRICT OF COLUMBIA. WITH THE CONDITION OF THE RECORDER AS IT IS OUTLINED IN MY LETTER OF JULY 13. IS THE FIRST DEPUTY OBLIGED TO ACT AS RECORDER UNDER THE TERMS OF THE PROVISIONS OF TITLE 45. THE RECORDER OF DEEDS OF THE DISTRICT OF COLUMBIA IS AN "OFFICER" OF THE UNITED STATES. " FOR THE REASON THAT HE IS APPOINTED TO A PUBLIC OFFICE BY THE PRESIDENT BY AND WITH THE ADVICE AND CONSENT OF THE SENATE.
B-43261, AUGUST 3, 1944, 24 COMP. GEN. 64
COMPENSATION - EMPLOYEES AS DISTINGUISHED FROM OFFICERS THE FIRST AND SECOND DEPUTY RECORDERS OF DEEDS OF THE DISTRICT OF COLUMBIA WHO, PURSUANT TO THE PROVISIONS OF SECTIONS 45-702 AND 45-703 OF THE DISTRICT OF COLUMBIA CODE, ARE APPOINTED BY THE RECORDER OF DEEDS, AND NOT BY THE PRESIDENT BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, ARE EMPLOYEES RATHER THAN OFFICERS, AND, THEREFORE, THEY ARE NOT ENTITLED TO COMPENSATION AS INCIDENT TO HOLDING TITLE TO A PUBLIC OFFICE. 24 COMP. GEN. 45, DISTINGUISHED.
COMPTROLLER GENERAL WARREN TO THE RECORDER OF DEEDS, DISTRICT OF COLUMBIA, AUGUST 3, 1944:
REFERENCE IS MADE TO LETTER OF JULY 22, 1944, FROM THE FIRST DEPUTY RECORDER OF DEEDS, DISTRICT OF COLUMBIA, AS FOLLOWS:
IN VIEW OF YOUR OPINION OF JULY 21, 1944, NO. B-43261, WE WOULD BE PLEASED TO HAVE YOU ADVISE US IF THE OPINION THEREIN RENDERED IS APPLICABLE TO THE FIRST DEPUTY RECORDER OF DEEDS FOR THE DISTRICT OF COLUMBIA, APPOINTED IN ACCORDANCE WITH THE PROVISIONS OF TITLE 45, SEC. 703, C.D. CODE, (1940/?
WITH THE CONDITION OF THE RECORDER AS IT IS OUTLINED IN MY LETTER OF JULY 13, 1944 WHICH YOUR LETTER OF JULY 21, 1944 ANSWERS, IS THE FIRST DEPUTY OBLIGED TO ACT AS RECORDER UNDER THE TERMS OF THE PROVISIONS OF TITLE 45, SEC. 704, OF THE D.C. CODE, (1940/?
THE DECISION OF JULY 21, 1944, B-43261, 24 COMP. GEN. 45, TO WHICH YOU REFER, HELD THAT, PURSUANT TO SECTIONS 45-701 AND 45-704 OF THE DISTRICT OF COLUMBIA CODE, 1940 EDITION, THE RECORDER OF DEEDS OF THE DISTRICT OF COLUMBIA IS AN "OFFICER" OF THE UNITED STATES, AS DISTINGUISHED FROM AN "EMPLOYEE," FOR THE REASON THAT HE IS APPOINTED TO A PUBLIC OFFICE BY THE PRESIDENT BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, AND, ACCORDINGLY, THAT HE IS ENTITLED TO THE SALARY OF THE OFFICE SO LONG AS HE HOLDS THE TITLE THERETO.
PURSUANT TO SECTIONS 45-702 AND 45-703 OF THE DISTRICT OF COLUMBIA CODE, THE FIRST DEPUTY RECORDER AND THE SECOND DEPUTY RECORDER ARE NOT APPOINTED BY THE PRESIDENT BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, BUT BY THE RECORDER OF DEEDS. HENCE, WHILE THEY MAY BE OFFICERS IN A SENSE, THEY PROPERLY ARE FOR CLASSING AS EMPLOYEES RATHER THAN OFFICERS WITHIN THE MEANING OF THE RULE STATED IN THE REFERRED-TO DECISION.
THE QUESTION POSED IN THE CONCLUDING PARAGRAPH OF THE ABOVE-QUOTED LETTER PROPERLY IS NOT FOR DETERMINATION BY THIS OFFICE.