HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.gao/gaobadhcb0001 and id is 1 raw text is:
DECISION
* *.~y~p1 E~? C', t
4 1'
K', -~
C ~
THE COMPTROLLER GENERAL
OF THE UNITED STATES
WASHINGTON, D.C. 20548
6L
FILE: B-193587
MATTER
DIGEST:
/DAT
E:April 2, 1979
OF: United States Metric Board aiver of Compensation]
Some members of the United States Metric Board
desire to waive their compensation while other
members desire to accept it but return it as a
gift to the Board. Here the statute authorizes
payment of Board members at a rate not to exceed
the daily rate currently being paid grade 18 of
the General Schedule. Such pay is not considered
salary fixed by or pursuant to statute which would
preclude waiver. Also, since statute authorizes
acceptance of gifts and donations, members may make
gifts of their salary to the agency. However, the
members would be liable for the income tax on such
salary and would be entitled only to the limited
deduction for charitable contributions prescribed
by the IRS.
By letter of November 17, 1978, Mr. Malcolm E. O'Hagan, Executive
Director, United States Metric Board (Board), requestedour opinion
concerning the legality of members of the Board waiving their com-
pensation or in some cases acce ng thelir compensation and then
returning it as a gift to the Board.
Our Office has consistently held on the basis of court decision
that it is contrary to public policy for an appointee to a position _in
the Federal Government to waive his ordinary right to compensation or
to ac `t-g0mjehing less when the salary for his positionri i ffxed by
obr pursuant to legislative authority. 54 Comp. Gen. 393 (1974); 27 id.
194 (1947);-26 id.956(T1947); Glavev v. United States, 182 U.S. 595
(1900); Miller v. United States, 103 F. 413 (S.D. N.Y. 1900). In Miller, the
court held such waiver to be against public policy since the willingness
of one person to waive his compensation would exclude from competition
all other candidates who were not.willing or unable to take the position
for less than the salary fixed by Congress. In addition, the United
States Supreme Court, in Glavey. stated the opinion that if waiver of
compensation fixed by Congress were permitted, salaries for public
officers would be under the control of the Executive Department of the
Government.](ViewImageLocal?handle=hein.gao/gaobadhcb0001&div=1&collection=&method=preview&ext=.png&size=3)