Rules & Regulations

Dear Ms. Grundmann:

General Comments

We appreciate the opportunity to submit comments to the Proposed Amendments to the Rules of Procedures (“Proposed Rules”) of the Office of Congressional Workplace Rights (“OCWR”). These comments relate specifically to Sections 9.03 and 9.04 of the proposed Rules as they relate to the role of the Senate Disbursing Office and Financial Clerk of the Senate as the payroll administrator for the Senate (designated by the Secretary of the Senate). As recently discussed with your general counsel, Mr. Uelmen, because the Proposed Rules fail to consider the difference between an Employing Office and the payroll administrator, and fail to take into account relevant requirements related to compensation and payroll administration in the Senate, we propose that the Proposed Rules related to back pay (described more fully below) be withdrawn. We will be happy to work with OCWR in the future to determine how to craft such procedures in a way that is consistent with statutes, rules, regulations and procedures related to Senate payroll administration.

In addition, because the Senate Disbursing Office is not an Employing Office under the CAA or Proposed Rules, or under the direction of any Senate Employing Office (except where the Secretary of the Senate is the Employing Office in a particular matter), it is not appropriate to direct the actions of the Disbursing Office through the adoption of procedural rules pursuant to 2 U.S.C. §1383, but rather any such mandates should be submitted through the adoption procedures of substantive regulations pursuant to 2 U.S.C. §1384.

Specific Comments

Section 9.03(c)(3) – The Proposed Rule does not direct the parties to provide sufficient information to a payroll administrator to determine actual amounts of withholding and deductions. Confidentiality of employee records in the Disbursing Office would prevent the office from discussing such information with an Employing Office, or anyone but the employee, in any event. It is unclear at this time how to draft procedures respectful of employee confidentiality that would permit the Disbursing Office to assist in this process, and so Section 9.03(c)(3) should be withdrawn at this time and further consideration should be given.