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.-· -~~ REF ID:A60~1·,--

(._;GOVER~MENT PATENTS BOA~b) OFFICE OF THE CHAIRMAN 

DEPARTMENT OF COMMERCE BUILDING, WASHINGTON 25, D. C. 

~E_re.t-at.ions and Opi1!i£nS N.;.o..:;..e _2;;;;....---~·------------J_un_e_8_, _1_9_5_1 __ _ 

EXCEPTED PART-TIME CCl-lSULTANTS AND PART-1'U1E EMPLOYEES 

The term "Government. employee" as us·ed in Admini.strative Order No. 5, 

issued by this Office and approved by the Presitj.ent under date of Apr.il.26, 1951, 

is defined in paragraph 4(b) of the order as -"any officer or employee, civilian 

or military, of any Government agency, including any part--tiin~ consultant or 

part-time employee except ~s may otherwise be provided for by agency regulation 

approved .by the Chairman." 

It might _be very helpful for t.he guidance of Government agencies, when l confronted· with situat.i.ons necessitating the submission to the Chairman of the 

Government Patents Board of proposals for the except.ion of part-time consultants 

or part-time employees from "the provisions of Execu.t.i ve Order 10096, to be 

advised of the act.ion taken by the Chairman of the Government Patents Boarc;!. with 

respect.to a group .of such Government employees pursua.~t to one of the provisions 

of agency rules and regulations previously approved by the Chairman. 

The Chairman has apprqve.d8 for the Department cf Defense and its constituent 

Departments of the Armys Navy and Air Force, a provision in their agency 

regulations defining tne term 11GOV"ernment. emplcye.e 11 as including aJ.l part.-t,ime 

consultants and part-t.ime employees 11 except. when special circun1stances in a 

specific case require a depa:rt.ure. herefrom to meet. the needs of the Department 

, of Defense/' such circumstances to be reported to the Chairman of the Government 

Patents :Soard for. apprcvala 

Pursuant to this provision9 t.he Chairman of the Government Patents Board has 

approved separately the recognition of the special circwnst.ances reported to him 

a.11.d "the exemption thereunder of part-time or intermittent consultants and em-. 

ployees of t-he Department of Defense to the extent that such consultants and · 

employees are subject to contra.ctual_ obligat.ions entered into prior t.o employment 

by the Government which are inconsist.ent. with this regula.t.ion .an.d pa.rt.-.time or 

intermittent consultants and employees the terms of whose ~mployment contemplate 

not more than 90 days s'3rvice in any one calendar year." · 

'. 

Archie M. Palmer 

Chairman 

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,., REF· ID: A60317 ,.-

\_.) '-) 

GOVERNMENT PATENTS BOARD 

OFFICE OF THE CHAIRMAN 

DEPARTMENT OF COMMERCE BUILDING._WASHINGTON 25, D.C. 

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Inte!l?retations and O_pin.iar.~ No. 3 September 10, 195i 

PART-TIME C<:NSULTANTS AND PART-TIME EMPLOYEES 

In providing for· the excepticm of part...time consultants and part.-time 

··employees of the Government £ran the provisions of Executive Order 10096,, 

in accordance with par~aph (b) ot section 4 ot Administrative O.rder No. S, 

the te~ "part-time consultant" and 11 part-time employee~ shall be under= 

stood to include any person tre terms of wlx>se appointm~nt or employment 

contemplate that he shall work less than (1) the minimum number of li.ours 

per dq 9 or ( 2) the minimum number .of d~ per week, or ( 3) the minimum · 

number· of weeks per year regularly required of f'ull=time employees of his 

clasiB. 

When seeking approval of' the exception or an individual part-time 

consultant or· part-time emplo~e or a group of part-tμite consultants or 

part=time employees from the praVi~ions·of Executive Order 10096 and of 

arrJ' agency regulaticm. ·issued thereund~ir>» the agency concerned shall subrd.t 

to the Chai.man of t·he Govem ment Pat.en ts Board a statement of the special 

circumstances requiring the exceptiOIIlo · 

In determining whether· the exception would be approved» the Chairman 

will take into cmsi.deration (1) aey conflicting obligation the di·scharge 

of which would be inconsistent with the discharge of any obligation arising 

undel" .·E:Xecuti ve Order · 100963 ( 2) the amount of time the person has worked 

and/or is required to work for the Government» (.3) the purpose f~ which 

he is employed,!) and (4) my other relevant facts. It shall be the responsi.., 

bility of' the person concerned to bring to the attention of the employing 

or appointing agency a.rry conflicting contractual obligation· which might 

affect bis status with respect to Executive Order 10096. 

·For the purposes of· this interpretation,, a persai engaged in the performance of research» development or other activi~y for the Goverment 

under a Govemment...financed contract or grant is not9 insofar as concerns 

such activity 9 considered a Government employee o 

Archie Ma Palmer 

Chairman 

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