A-4510, AUGUST 19, 1929, 9 COMP. GEN. 80

A-4510, AUGUST 19, 1929, 9 COMP. GEN. 80

CLASSIFICATION OF CIVILIAN EMPLOYEES - TRANSFERS FROM FIELD SERVICE TO THE DEPARTMENTAL SERVICE HEREAFTER TRANSFERS FROM FIELD-SERVICE POSITIONS TO DEPARTMENTAL SERVICE POSITIONS IN THE DISTRICT OF COLUMBIA UNDER THE SAME DEPARTMENT ARE NOT REQUIRED TO BE CONSIDERED AS NEW APPOINTMENTS AUTHORIZING PAYMENT INITIALLY OF THE MINIMUM SALARY RATE OF THE GRADE TO WHICH TRANSFERRED, BUT THE SALARY RATE PAYABLE INITIALLY UPON SUCH TRANSFERS TO THE DEPARTMENTAL SERVICE MAY NOT BE SUCH AS TO CAUSE THE PROPER AVERAGE OF THE GRADE TO WHICH TRANSFERRED TO BE EXCEEDED. RULE ANNOUNCED IN 3 COMP. GEN. 1001, 1006, AND FOLLOWED IN DECISIONS REPORTED IN 4 COMP. GEN. 263; ID. 493, 499; ID. 1003; ID. 1030; 5 ID. 302, 305; AND 8 ID. 202, 205, MODIFIED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, AUGUST 19, 1929:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF AUGUST 16, 1929, AS FOLLOWS:

ON SEPTEMBER 4, 1924, YOU HELD (A-4510) THAT EMPLOYEES IN THE UNCLASSIFIED FILED SERVICE TRANSFERRED TO THE CLASSIFIED DEPARTMENTAL SERVICE MUST ENTER THE CLASSIFIED DEPARTMENTAL SERVICE AT THE MINIMUM RATE OF THE GRADE TO WHICH TRANSFERRED, ADDING, HOWEVER, THAT THIS RULE MAY BE SUBJECT TO CHANGE IF AND WHEN PROVISION IS MADE BY LAW FOR THE CLASSIFICATION OF THE FIELD SERVICE.

IT IS THE POLICY OF THE DEPARTMENT TO MAKE APPOINTMENTS, INCLUDING TRANSFERS, TO THE DEPARTMENTAL SERVICE ONLY AT THE ENTRANCE RATES OF PAY OF THE LOWER GRADES, EXCEPT IN THOSE CASES IN WHICH VACANCIES CAN NOT BE ADEQUATELY FILLED BY PROMOTION; BUT THIS POLICY IS NOT APPLIED TO CASES OF MUTUAL TRANSFERS WHEREIN THE EXCHANGE OF POSITIONS IS BENEFICIAL TO THE SERVICE.

DECISION IS REQUESTED WHETHER, WITH THE WELCH ACT NOW IN EFFECT, THE RULE REFERRED TO CAN NOW BE MODIFIED.

THE RULE THAT TRANSFERS FROM THE FIELD SERVICE TO THE DEPARTMENTAL SERVICE MUST BE AT THE MINIMIZED SALARY RATE OF THE GRADE TO WHICH TRANSFERRED, AS CONSTITUTING IN EFFECT NEW APPOINTMENTS, WAS FIRST ANNOUNCED IN DECISION OF JUNE 26, 1924, 3 COMP. GEN. 1001, 1006 AND FOLLOWED IN THE DECISION YOU CITE, 4 COMP. GEN. 263, AS IN 4 ID. 493, 499; ID. 1003; ID. 1030; 5 ID. 302, 305; AND 8 ID. 202, 205.

TWO REASON HAVE BEEN GIVEN FOR THE RULE, VIZ: (1) THAT THERE IS NO LEGAL BASIS FOR A COMPARISON OF THE DUTIES OF THE UNCLASSIFIED POSITIONS IN THE FIELD SERVICE TO THE CLASSIFIED POSITIONS IN THE DEPARTMENTAL SERVICE, AND IN THE ABSENCE THEREOF A TRANSFER TO WASHINGTON TO A PARTICULAR GRADE HAS MOST OF THE ELEMENTS OF A NEW APPOINTMENT TO THE GRADE, WHICH THE LAW REQUIRES MUST BE AT THE MINIMUM SALARY RATE OF THE GRADE (4 COMP. GEN. 264); AND (2) THAT THE AVERAGE PROVISION APPEARING IN THE ANNUAL APPROPRIATION ACTS, WITH WHICH YOU ARE NO DOUBT FAMILIAR, IS LIMITED IN ITS APPLICATION TO THE DEPARTMENTAL SERVICE, AND EXCEPTION (3) THEREFROM, AUTHORIZING TRANSFERS FROM GRADE TO GRADE WITHOUT LOSS OF SALARY, IS LIMITED TO TRANSFERS BETWEEN DEPARTMENTAL GRADES AND HAS NO APPLICATION TO AN EMPLOYEE TRANSFERRED FROM A FIELD SERVICE POSITION TO A DEPARTMENTAL POSITION IN THE DISTRICT OF COLUMBIA (4 COMP. GEN. 1003).

THE FIRST STATED REASON HAS BEEN LARGELY RENDERED INOPERATIVE BY THE STATUTORY REQUIREMENTS ADDRESSED TO THE HEADS OF THE RESPECTIVE DEPARTMENTS CONTAINED IN THE ACT OF DECEMBER 6, 1924. 43 STAT. 704, AS EXTENDED THROUGH SUBSEQUENT FISCAL YEARS, AND REENACTED AS PERMANENT LEGISLATION IN SECTION 3 OF THE ACT OF MAY 28, 1928, 45 STAT. 776, 785, KNOWN AS THE WELCH ACT, AMENDING THE ORIGINAL CLASSIFICATION ACT OF 1923 PURSUANT TO WHICH THE ADMINISTRATIVE OFFICES HAVING FIELD SERVICES ARE REQUIRED TO ADJUST SALARY RATES IN THE FIELD SERVICE TO CORRESPOND SO FAR AS PRACTICABLE WITH SALARY RATES IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA FOR THE SAME OR SIMILAR POSITIONS. HENCE, IT MAY BE PRESUMED THAT IN A DEPARTMENT HAVING BOTH A DEPARTMENTAL AND FIELD SERVICE, THAT FIELD SERVICE POSITIONS HAVE BEEN ASSIMILATED TO THOSE IN THE DEPARTMENTAL SERVICE AND THE SALARY RATES ADJUSTED ACCORDINGLY. VIEW THEREOF, THE EXISTING RULE MAY BE MODIFIED TO THE EFFECT THAT TRANSFERS FROM THE FIELD SERVICE TO THE DEPARTMENTAL SERVICE UNDER THE SAME DEPARTMENT NEED NO LONGER BE CONSIDERED AS NEW APPOINTMENTS REQUIRING PAYMENT INITIALLY IN THE DEPARTMENTAL SERVICE ONLY OF THE MINIMUM SALARY RATE OF THE GRADE. AS EACH DEPARTMENT HEAD IS AUTHORIZED TO ACT INDEPENDENTLY IN THE ASSIMILATION OF FIELD SERVICE POSITIONS TO DEPARTMENTAL POSITIONS, THE MODIFIED RULE MAY NOT BE APPLIED TO TRANSFERS BETWEEN DEPARTMENTS OR INDEPENDENT OFFICES. SEE GENERALLY DECISION OF AUGUST 14, 1929, A 28275, 9 COMP. GEN. 71.

HOWEVER, REFERRING TO REASON (2) SUPRA, AS THERE HAS BEEN NO EXTENSION OF THE AVERAGE PROVISION TO THE FIELD SERVICE, IT WOULD BE OBVIOUSLY UNFAIR TO EMPLOYEES IN THE DEPARTMENTAL SERVICE, AND, ALSO, CONTRARY TO THE PURPOSE AND INTENT OF THE LAW, TO PERMIT TRANSFERS FROM THE FIELD SERVICE TO THE DEPARTMENTAL SERVICE AT A SALARY RATE WHICH WOULD CAUSE THE PROPER AVERAGE TO BE EXCEEDED. IF SUCH A PRACTICE WERE PERMITTED, AN ADMINISTRATIVE OFFICE MIGHT, INTENTIONALLY OR UNINTENTIONALLY, TRANSFER PERSONNEL FROM THE DEPARTMENTAL TO THE FIELD SERVICE AND BACK AGAIN IN SUCH A MANNER AS EVENTUALLY TO PLACE ALL EMPLOYEES IN THE DEPARTMENTAL SERVICE AT SALARY RATES ABOVE THE AVERAGE OF THE GRADE, THEREBY DEFEATING THE SPIRIT AND INTENT OF THE STATUTORY RESTRICTION PLACED ON THE PAYMENT OF PERSONNEL IN THE DISTRICT OF COLUMBIA. THIS UNLAWFUL PRACTICE OF ADJUSTING PERSONNEL BETWEEN DIFFERENT APPROPRIATION UNITS UNDER THE SAME DEPARTMENT SO AS TO DEFEAT THE AVERAGE PROVISION. 7 COMP. GEN. 587. THE FOLLOWING IS QUOTED FROM THAT DECISION:

* * * AS LONG AS THE AVERAGE PROVISION APPEARS IN THE ANNUAL APPROPRIATION ACTS, IT WILL BE EXPECTED THAT THE ADMINISTRATIVE OFFICES WILL ENDEAVOR TO COMPLY WITH THE SPIRIT AND INTENT OF THE STATUTORY RESTRICTIONS THUS MADE ON PERSONNEL PAYMENTS IN THE DISTRICT OF COLUMBIA AND WILL NOT RESORT TO SUCH MEANS AS WOULD APPEAR TO HAVE BEEN USED IN THESE CASES TO EVADE THE RESTRICTIONS.

ANSWERING YOUR QUESTION SPECIFICALLY, YOU ARE ADVISED THAT HEREAFTER TRANSFERS OF EMPLOYEES FROM FIELD SERVICE POSITIONS TO DEPARTMENTAL SERVICE POSITIONS IN THE DISTRICT OF COLUMBIA UNDER THE SAME DEPARTMENT ARE NOT REQUIRED TO BE CONSIDERED AS NEW APPOINTMENTS AUTHORIZING PAYMENT INITIALLY ONLY OF THE MINIMUM SALARY RATE OF THE GRADE TO WHICH TRANSFERRED, BUT THE SALARY RATE PAYABLE INITIALLY UPON SUCH TRANSFERS TO THE DEPARTMENTAL SERVICE MAY NOT BE SUCH AS TO CAUSE THE PROPER AVERAGE OF THE GRADE TO WHICH TRANSFERRED TO BE EXCEEDED.