General Bray

Journal archives

THIS IS REGARDING the May 13 article by Amanda Milkovits, “R.I. National Guard commander makes frequent trips out of state,” concerning Major Gen. Robert Bray, adjutant general and commanding general of the Rhode Island National Guard. I and my colleagues want to explain the position he occupies.

Membership in the Rhode Island National Guard can be one of three types. First is the traditional Guardsman, who becomes a federal asset when mobilized for federal active duty. These Guardsmen typically perform in a dual capacity, both as some company’s full-time civilian employee, and as a member of the Rhode Island National Guard. In their National Guard role, they must perform a minimum of 48 drills and 15 active-duty days each year, for which they are paid by the Department of Defense for their appropriate grade.

The second membership category consists of full-time employees of the National Guard, classified as National Guard technicians. As Guard technicians, they are paid on a governmental civilian scale different from the military position they hold in the unit, except when they perform the 48 drills and 15 days of active duty, for which they are paid by the Department of Defense.

The third type is referred to as AGR (Active Duty Guard and Reserve). These guardsmen are basically active-duty soldiers/airmen assigned to the Rhode Island National Guard. They are paid full time at the active-duty rate for their grade by the Department of Defense.

The adjutant general serves in a dual status as both a military officer and a state employee, most similar to the traditional Guardsman described above, except that his civilian employer is the State of Rhode Island, and his job title is the adjutant general of Rhode Island. Like most other members of the Rhode Island National Guard today, in the performance of his military duties the adjutant general also performs “active-duty man days” well beyond the mandatory minimum of 48 drills and 15 days. In fact, in recognition of the heavy demands upon general officers in today’s National Guard and Reserve, all general officers receive an additional allowance of from 49 to 179 active-duty man-days a year.

General Bray was appointed adjutant general and director of the Rhode Island Emergency Management Agency (with duties connected to the U.S. Department of Homeland Security) on Feb. 17, 2006. He is considered a non-standard employee in accordance with the personnel rules of the state, which define a “non-standard” employee pursuant to Section 5.011 (c): “A nonstandard work means an average of at least 35 hours per week.” Further, Section 5.023 states that the ru1es concerning reports of attendance do not apply to non-standard employees. Additionally, the rules provide that: “It is recognized that there are now other work schedules peculiar to certain classes of positions and such exceptions shall remain in full force and effect.”

The adjutant general clearly falls within this exception.

General Bray did not violate any law, regulation or policy of either the federal or state government by concurrently collecting both state and federal funds; nor is the allegation true that his name appears on certified state payroll data sheets as being physically present for duty when he is not physically present within the state. The standard state payroll data sheet does not list the hours actually worked, but rather, lists only the exceptions to the normal work week, and as General Bray is a non-standard employee, he does not have a “normal” work week, and the only exceptions that are reported for are for sick leave and annual leave.

I and my military colleagues believe that The Journal’s article leaves your readers, who may be unfamiliar with the adjutant general’s duties, with the impression that General Bray is either violating the letter or spirit of the law, or is guilty of unethical behavior, premised on the assumption that he did not earn the compensation paid to him. It appears the question is whether or not General Bray, in fulfilling his dual-hatted, state/federal responsibilities, actually earned the state pay he received.

The rules say that General Bray is expected to work an average of 35 hours a week to earn his state pay. Records at the State Personnel Office reflect that he clearly works far more hours than the minimum required. The adjutant general’s job is a 24/7 position that requires his presence far beyond the statutory 35 hours a week performed Monday through Friday by the typical state worker.

In fulfilling the responsibilities of adjutant general, General Bray, as well as the majority of his predecessors, is required to travel extensively (for the federal part of his job and at federal expense) to attend conferences/seminars related to his duties, conduct regular inspections of Rhode Island troops undergoing out-of-state training, as well as Rhode Island troops deployed in support of the war on terror, including visits to Iraq and other countries where Rhode Island National Guard personnel serve.

We find that The Journal’s article failed to show that General Bray does not perform at least 35 hours per week of state service. In fact, it is virtually impossible to discharge the duties of adjutant general in less than 60-70 hours a week, in satisfaction of state and federal obligations as to state time for both state employment, and federal active-duty mandates.

As correctly noted by your paper, this is not the first instance of challenges to the responsibilities and dual funding source for the job responsibilities (dual-hatting) of the adjutant general. A previous finding by the Rhode Island Ethics Commission, in 1994, validated the unique functions of the office, and the dual-funding mechanism for this position.

Your readers should know about the workings of this unique, dual and multi-tasked position.

Theodore F. Low is a civilian aide to the secretary of the Army. This is also signed by Paul P. Baillargeon, chairman emeritus of the Rhode Island Committee for Employer Support of the Guard and Reserve; Brig. Gen. (ret.) Joseph N. Waller, former assistant adjutant general; and Brig Gen. (ret.) Richard J. Valente, former assistant adjutant general.

Editor’s note: The story sets out General Bray’s travel and pay records, based on information the reporter received in response to her public-records requests. The Journal received copies of Bray’s state payroll attendance sheets, which specify a 35-hour work week and include notations of hours worked. The story does not draw conclusions about whether Bray is eligible for compensatory time or whether he has violated any law or regulation by collecting pay from both the federal government and the state at the same time. The governor, the Rhode Island National Guard, the federal National Guard Bureau and the federal Defense Finance and Accounting Service declined to discuss those issues. A 1994 complaint against former Adjutant Gen. N. André Trudeau was dismissed by the Ethics Commission, which ruled that the compensation practices had been sanctioned by the governor and the auditor general.