to the transfer if traveling expenses incurred in connection therewith are to be reimbursed by the Government. Such reimbursement may be made only in cases where the change of station or transfer is effected in the interest of the public service and not for the convenience of the officer or employee. (d) If a transfer is to be made from one position to another under the same nominating officer, recommendation therefor, on customs Form 3021, in triplicate, must be made to the Secretary of the Treasury through the Commissioner of Customs. If the transfer is to be made from a position under one nominating officer to a position under another nominating officer, or from a position in one customs district to another customs district, or from one branch of the Government service to another branch of the service, the written consent of the nominating officer or head of the service from which the transfer is to be made must be forwarded with the recommendation. The recommendation for transfer must be in quadruplicate, on customs Form 3021, and state the name, age, and designation of the nominee, the compensation to be paid, the vacancy to which the transfer is to be made and how the vacancy occurred, the present compensation of the nominee, whether or not he desires the transfer, and the reasons why such transfer should be made. SUSPENSIONS AND REMOVALS Art. 1425. General provisions.-(a) When any nominating officer is convinced that the interests of the service require it, he may, subject to the limitations contained in article 1426 (a), (c), and (d), suspend any officer or employee from duty and pay for any period not to exceed 90 days, subject to the subsequent approval of the Secretary of the Treasury, and shall file charges against the accused in writing as soon as possible. Notice of such suspension should be forwarded immediately to the Commissioner of Customs, showing the reasons for the suspension and the date on which it begins. (b) The suspension may be disallowed by the Secretary of the Treasury if he finds, upon examination of the evidence presented, that it was not justified. (c) Whenever it is impracticable to present to the accused in person a copy of the charges on which a suspension is based, or removal is recommended, such copy will be sent by registered mail and the receipt forwarded to T. Ds. 32265, 84728, 38657, the Commissioner of Customs. (See articles 1426 (d) and 1428 (a).) (d) If the accused fails to file his answer with the nominating officer within five days from the date of receipt by him, or to request an extension of time, it will be assumed that he does not desire to file an answer, and the charges and nominating officer's recommendation will be forwarded to the Commissioner of Customs for action. (e) The answer to the charges should be delivered by the accused in person, when practicable, or should be forwarded by registered mail. Suspensions are of two classes: (1) Disciplinary suspensions for minor delinquencies not believed to be sufficient to justify removal (see art. 1426; (2) suspensions pending investigations or hearings on charges brought with a view to removal (see art. 1427). Art. 1426. Disciplinary suspension.—(a) United States Code, title 19, section 62: The several collectors, comptrollers, surveyors, and appraisers shall have power, with the approval of the Secretary of the Treasury, as punishment for any neglect or minor delinquency the punishment whereof is not prescribed by law, to suspend from duty with loss of pay for a period not to exceed thirty days for any one cause, any customs officer or employee nominated or appointed and subordinate to such collector, comptroller, surveyor, or appraiser: Provided, however, That the Secretary of the Treasury may, on application by the suspended person within one year from the expiration of the suspension, in his discretion pay the whole or any part of the pay forfeited by reason of said suspension. (December 18, 1890, ch. 22, 26 Stat. 690.) (b) Applications for payment of salary forfeited by reason of such suspensions can be considered by the Secretary of the Treasury only in cases where the employee is suspended for minor delinquencies or misconduct, and not in cases where the employee has been suspended looking to his removal from the service. (See art. 1427.) (c) Such suspensions may be extended by the Secretary of the Treasury, either with or without the recommendation of the nominating officer. (d) The person suspended shall be furnished with a copy of the charges and notified in writing that written answer to such charges must be made within five days from the receipt thereof by him, showing cause why the suspension should not be approved or continued. (See art. 1425, pars. (c), (d), and (e).) Upon request of the person under charges, the time for answer may be extended by the nominating officer for such reasonable period as he may deem just. Such answer, with a copy of the charges, must be forwarded to the Commissioner of Customs with the nominating officer's recommendation. Art. 1427. Suspensions looking to removal.-When-Comp. Gen. 234. ever it shall appear to any nominating officer, either by reason of his personal observation or by reports made to him by supervising officers, that any officer or employee in the Customs Service has been guilty of such delinquencies or misconduct or has proven so inefficient that removal is justified, and the nominating officer is convinced of the guilt of the accused and that the interests of the service require immediate suspension pending action by the department, he may suspend such accused person for a period not to exceed 90 days and shall file charges. (See art. 1428 (a).) Art. 1428 Charges looking to removal.-(a) When a nominating officer is of the opinion that charges looking to removal should be filed against an officer or employee, whether or not he is immediately suspended, the accused shall be furnished with a written statement specifying the delinquencies, misconduct, or inefficiency with which he is charged, and shall be notified in writing that written answer to such charges must be made within five days of the receipt thereof by him, showing cause why he should not be removed from the service. (See art. 1425, pars. (c), (d), and (e).) Such time to answer may, upon request of the person so charged, be extended by the nominating officer for such reasonable period as he may deem just. No examination of witnesses, nor any trial or hearing, shall be held except at the discretion of the nominating officer. If a hearing is held the accused shall be notified in writing of the time and place of hearing. (b) A copy of the charges, of the answer, of the recommendation in the case, and of the testimony if a hearing is held, shall be forwarded to the Commissioner of Customs, with the recommendation of the nominating officer, all in duplicate. Copies of the charges, of the notice of hearing, if held, of the reasons for removal, and of the order of removal shall be furnished upon request to the person affected. Schoenfeld . Hendricks, 152 U. IMMUNITIES AND PRIVILEGES OF CUSTOMS OFFICERS Art. 1429. Collector not personally liable.-(a) Tariff B. 691; Hendricks act of 1930, section 513: . Schmidt, 68 Fed. Rep. 425. 10 Pet. 80; Elliott No collector or other customs officer shall be in any way liable R. S., 989. Tra- to any owner, importer, consignee, or agent or any other person cy p. Swarthout, for or on account of any rulings or decisions as to the appraise. Swarthout, 10 ment or the classification of any imported merchandise, or the duties Pet. 137; Badger charged thereon, or the collection of any dues, charges, or duties v. Gutierez, 111 U.S. 734; Brissac on or on account of said merchandise, or any other matter or thing & De Fontaine v. as to which said owner, importer, consignee, or agent might under Lawrence, 2 this act be entitled to protest or appeal from the decision of such Blatch. 121; Rob- collector or other officer. ertson v. Sichel, 127 U. S. 507; Rubens v. Robertson, 38 Fed. R. 86; Gould v. Ham (b) Tariff act of 1930, section 484 (j): * * The collector shall not be liable to any person in remond, 1 McAll, spect of the delivery of merchandise released from customs custody 235, 10 Fed. Cases, No. 5638; Dero-in accordance with the provisions of this section. Where a recovery bert v. Stranahan, is had in any suit or proceeding against a collector on account 126 Fed. Rep. 581. of the release of merchandise from customs custody, in the perConklin r. Newton, 35 Fed. Rep. formance of his official duty, and the court certifies that there was (2d series) 541. probable cause for such release by the collector, or that he acted T. D. 8871. under the directions of the Secretary of the Treasury, or other proper officer of the Government, no execution shall issue against such collector, but the amounts so recovered shall, upon final judgment, be paid out of moneys appropriated from the Treasury for that purpose. Act June 3, 1916, 39 Stat. 197; U.S. 3. (c) United States Code, title 28, section 842: When a recovery is had in any suit or proceeding against a collector or other officer of the revenue for any act done by him, or for the recovery of any money exacted by or paid to him and by him paid into the Treasury, in the performance of his official duty, and the court certifies that there was probable cause for the act done by the collector or other officer, that he acted under the directions of the Secretary of the Treasury, or other proper officer of the Government, no execution shall issue against such collector or other officer, but the amount so recovered shall, upon final judgment, be provided for and paid out of the proper appropriation from the Treasury. (R. S. sec. 989.) Art. 1430. Militia service-Jury duty.-Customs ofCode, title 32, sec. ficers and customhouse clerks are exempt from service in the enrolled and equipped militia, but are not exempt from jury duty. When serving as jurors absence will be charged to annual leave. If no leave is due an employee, leave without pay will be granted. Act Mar. 15, 1898, T.D. 38886. Art. 1431. Leave of absence.-(a) Leave of absence may be obtained by collectors, comptrollers, surveyors, and appraisers, at times and at periods permitted by the public interests upon application to the Secretary of the Treasury, through the Commissioner of Customs; and no such officer shall be absent from his district for any time without first obtaining permission therefor from the Secretary of the Treasury. (b) The maximum leave of absence (other than sick leave) which may be allowed with pay during any calen dar year to any subordinate officer, clerk, or employee in or under the Treasury Department is 30 days, exclusive of Sundays and legal holidays, except in the case of employees entitled to military leave. (c) Temporary employees will not be allowed leave T. D. 41716. with pay during the period of their temporary employ ment. 26. (d) For details as to the granting of leave, see "Time T. D. 38886, par. and Leave Regulations, Field Forces," copies of which may be secured upon application to the Commissioner of Customs. Art. 1432. Record of absence.-(a) At each headquar- T. D. 36882. ters port, port of entry, or station, an employee will be designated in each office or division thereof to act as time clerk. The said clerk will report each day to the head of his office or division on the "Daily list of absentees" (departmental stock Form 2242) all officers and employees absent on account of leave or sickness for the whole or any part of the day. After the said list has been approved by the head of the office or division, the time so charged will be recorded by the time clerk on the individual card record of absence (departmental stock Form 2152), which card constitutes a permanent official record of absence on account of leave and sickness. One card a year will be used for each employee. Immediately after the close of each month, the deputy collector in charge of each port of entry or station shall make a consolidated report of absences on departmental stock Form 2243 to the headquarters port. (b) Applications for leave of absence for less than one day will be made to the head of the office or division on customs Form 3019, and for one day or more on departmental stock Form 2217. (c) When partial-day absences aggregate a day, a day's absence will be charged against annual leave. Art 1433. Report of absence.-Each nominating officer T. D. 36554. shall make, immediately after the close of each calendar year, a report to the Commissioner of Customs on departmental stock Form 2243, showing the absence from duty for such calendar year of each officer, clerk, and employee under such nominating officer, as follows: The name, designation, number of days annual leave taken, number of days sick leave, number of days without pay, and number of days military leave, with such remarks as may be deemed proper. 120950°-32-55 |