B-136319, JUL. 29, 1958

B-136319, JUL. 29, 1958

TO MISS ETHELREDA C. FOSMIRE:

IN YOUR LETTER OF MAY 29, 1958, CONCERNING JURY FEES IN THE AMOUNT OF $142 PAID TO RICHARD E. WATERS, AN EMPLOYEE OF THE NATIONAL LABOR RELATIONS BOARD, FOR SERVING ON THE GRAND JURY IN ANNE ARUNDEL COUNTY, MARYLAND, DURING THE CALENDAR YEARS 1957 AND 1958, AND REMITTED TO THE BOARD, YOU REQUEST A DECISION AS TO WHETHER ANY PORTION OF SUCH SUM MAY BE PAID TO MR. WATERS FOR TRANSPORTATION COSTS INCURRED DURING THE CALENDAR YEAR 1958 IN ATTENDING THE STATE COURT AS JUROR.

YOU POINT OUT THAT BY AN ACT OF THE 1957 MARYLAND LEGISLATURE, EFFECTIVE JANUARY 1, 1958, A FEE OF $10 PER DAY WAS PRESCRIBED FOR JURY SERVICES IN ANNE ARUNDAL COUNTY "AND NO EXTRA ALLOWANCE SHALL BE GIVEN EITHER FOR MILEAGE OR OVERTIME IN ANNE ARUNDEL COUNTY.' ART. 51, SEC. 25, ANNOTATED CODE OF MARYLAND. PRIOR THERETO, A FEE OF $6 PER DAY PLUS MILEAGE WAS AUTHORIZED. CERTAIN OTHER COUNTIES IN THE STATE OF MARYLAND CURRENTLY ARE AUTHORIZED TO ALLOW MILEAGE IN ADDITION TO THE PRESCRIBED FEE.

SECTION 3 OF THE ACT OF JUNE 29, 1940, 5 U.S.C. 30P, PROVIDES AS FOLLOWS:

"THERE SHALL BE CREDITED AGAINST THE AMOUNT OF COMPENSATION PAYABLE BY THE UNITED STATES TO ANY EMPLOYEE SPECIFIED IN SECTION 30N OF THIS TITLE FOR SUCH PERIOD AS SUCH EMPLOYEE MAY BE ABSENT ON ACCOUNT OF JURY SERVICE IN THE COURT OF ANY STATE ANY AMOUNTS WHICH SUCH EMPLOYEE MAY RECEIVE FROM SUCH STATE ON ACCOUNT OF SUCH JURY SERVICE.'

THE ONLY STATEMENT APPEARING IN THE LEGISLATIVE HISTORY OF SECTION 3 IS CONTAINED IN SENATE REPORT NO. 1866, 76TH CONGRESS, 3D SESSION, AND READS AS FOLLOWS:

"SECTION 3 PROVIDES THAT ANY PAY RECEIVED FOR JURY SERVICE IN STATE COURTS SHALL BE CHARGED OR DEDUCTED FROM THE REGULAR PAY OF SUCH EMPLOYEE OF THE UNITED STATES.'

THE 1940 ACT DOES NOT CONSTITUTE AUTHORITY FOR PAYMENT OF TRAVELING EXPENSES OR OTHER ALLOWANCE TO A FEDERAL EMPLOYEE INCIDENT TO HIS SERVICE AS A JURYMAN IN EITHER A FEDERAL OR A STATE COURT. IF NOT PAID BY A STATE COURT, AN EMPLOYEE OF THE GOVERNMENT SHOULD REGARD SUCH EXPENSES AS AN EXPENDITURE INCIDENT TO HIS DUTY AS A CITIZEN. NO CONVINCING EVIDENCE HAS BEEN PRESENTED SHOWING WHAT PORTION, IF ANY, OF THE JURY FEE HERE INVOLVED IS INTENDED TO COVER TRANSPORTATION EXPENSES. CF. 21 COMP. GEN. 1148; 27 ID. 493. THE QUESTION PRESENTED IS THEREFORE ANSWERED IN THE NEGATIVE.