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B-190964 1 (1978-01-19)

handle is hein.gao/gaobadfoo0001 and id is 1 raw text is: I I JA C. Roney THE COMPTMOLLERN ENERAL D0CIBION ..OP THE UNITED aErATaE WAMHINGTON, D.C. 20548 g-190964 DATE: Jantary 19, 1978 MATTER OF John V. Rainbolt - Commodity Futures Trading Commission - HoldOver period DIGEST: 1. Commissioner was appointed to serve for 2-year period on newly created Commodity kutures Trading Comnision. Upon ,expiration of that period no succesior was nominated. Commission asks whether h61dover provision of j U.S.C. 54a(a) (8) applies to. commissioners first appointed to serve. im edirtely following creation of Commission. Putpose of holdover provision ise to avoid vacakncies which may prove disruptive of Commission work. Thus, holdover provision does apply to those commissioners first appointed to the Commission. 2. Commissdner of Commodity Futures Trading Commisson continued to 'serve beyond expiration of fixed, peidod of appofntment on April 14, 1977, pursuant to holdover proviaiorvof 7 U.S.C. *SAa(a(3). Comissibnerls entitleme'ntto compensation £rter erpiration of first¶eeasion of 95th Congr,.7&s.is questioned since sti+ite provides.that a commissioner may not continue to serve beyond-the expiration of the next session of Congress sub3eguent to the expiration tf said fixed term of offic'. The word ,,next befcre nAession refers to the adj6irnrient of . a subasqueht session of cdngress. Therefore, the Commisioner may be compensated intil expiration of the 2d sessionof the .95th Congress, or appointment and qualification of successor, whichever event cccurs first. By letter of Decembet 23, 1977, John G. Gaine,.General Counsel, Conmodity Futures Trading Commission, requested a decision as to whether John V. Rairbolt., II, a Commxissioner of that Commission, may continue lawfully to receive compensaticn after the expiration of the let session of the 95th Congress. 9 I 3flw FILE: CP ---'4 I

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