Federal Election Commission--Dual Offices and Voluntary Services Prohibition
B-321744, Jun 23, 2011
The voluntary services prohibition, 31 U.S.C. 1342, does not prevent the incumbent Chief Information Officer (CIO) from simultaneously serving as Staff Director and being compensated only for the CIO position. The dual compensation statute, 5 U.S.C. 5533, inferentially recognizes the legality of dual office-holding but prohibits compensation for both positions. See B-309301, June 8, 2007. The employee is not waiving the salary for the Staff Director position nor is he volunteering in that position. Rather, his uncompensated service is compelled by the dual compensation statute. 5 U.S.C. 5533(a).