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B-240962 1 (1991-02-13)

handle is hein.gao/gaobadnvl0001 and id is 1 raw text is: Comptroller General of dhe United States Washington, D.C. 20548 Decision Matter of: Peter R. Szpalik File: B-240962 Date: February 13, 1991 DECISION The issue here is whether a federal employee who served as a juror in a state court is entitled to retain his juror fees.1 Mr. Peter R. Szpalik, an employee of the Internal Revenue Service, served as a juror for the Cuyahoga County Common Pleas Court in Ohio from November 3 through 24, 1989. He received a lump-sum payment of $90 for juror fees. The Service requested that he repay the money he received, except for the amount he received for a holiday on November 23, 1989 The governing statute is 5 U.S.C. § 5515 (1988), which provides that an employee entitled to court leave under 5 U.S.C. § 6322 (1988), must credit jury fees against the employee's compensation payable by the United States. We hay long held under this provision that federal employees must account for fees received as compensation for jury service. 52 Comp. Gen. 325 (1972); James F. Murdock, B-192043, Aug. 11 1978; Glenell V. Hines, B-214558, July 23, 1984. However, we have recognized a distinction between fees received as compensation for jury service and amounts that represent reimbursement of travel and other out-of-pocket expenses. Texas State Court Juror Fees, B-219496, Jan. 22, 1986. Section 2313.34, OHIO REV. CODE ANN. (Page 1981), states: The compensation of each juror shall be fixed by resolution of the board of county commissioners, not to excee fifteen dollars for each day's attendance, payable out of the county treasury. Thus, the statute specifically refers to compensation. Mr. Szpalik contends that whether or not an employee receives reimbursement for mileage and expenses should not depend on the language in the statute where the employee resides. He 1/ The request was submitted by the Regional Director of Appeals, Department of the Treasury, Internal Revenue Service Cincinnati, Ohio. /I C_ I / Wl H tv

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