A-52724, MARCH 17, 1934, 13 COMP. GEN. 243

A-52724, MARCH 17, 1934, 13 COMP. GEN. 243

CLASSIFICATION PURSUANT TO EXECUTIVE ORDER - PROMOTION IN FIXING CLASSIFICATION SALARY RATES OF OFFICERS AND EMPLOYEES IN THE SERVICE PURSUANT TO THE PROVISIONS OF EXECUTIVE ORDER NO. 6440 OF NOVEMBER 18, 1933, AND EXECUTIVE ORDERS SUPPLEMENTAL THERETO, THERE MUST NOT RESULT A PROMOTION WITHIN THE MEANING OF THE PROVISIONS OF SECTION 7 OF THE ACT OF MARCH 3, 1933, 47 STAT. 1515. WHERE, HOWEVER, UNDER THE ADJUSTMENT THE NET SALARY RATE TO BE PAID AFTER WITHHOLDING THE APPLICABLE PERCENTAGE REDUCTION DOES NOT EXCEED THE NET SALARY PREVIOUSLY PAID FOR PERFORMANCE OF SUBSTANTIALLY THE SAME DUTIES BY AN AMOUNT EQUAL TO OR IN EXCESS OF THE AMOUNT OF ONE SALARY STEP IN THE CORRESPONDING SALARY GRADE UNDER THE CLASSIFICATION ACT, THE ADJUSTMENT WOULD NOT CONSTITUTE AN ADMINISTRATIVE PROMOTION WITHIN THE MEANING OF SECTION 7 OF THE ACT OF MARCH 3, 1933.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF AGRICULTURE, MARCH 17, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF MARCH 14, 1934, AS FOLLOWS:

ON FEBRUARY 2 ACKNOWLEDGEMENT WAS MADE BY THIS DEPARTMENT OF YOUR LETTER OF JANUARY 18 IN THE MATTER OF THE APPEARANCE ON THE ROLLS OF THE AGRICULTURAL ADJUSTMENT ADMINISTRATION OF A CONSIDERABLE NUMBER OF POSITIONS DESIGNATED AS "EXPERT.' IT WAS STATED IN THIS ACKNOWLEDGMENT THAT A REVISION OF THE LIST OF EXPERTS WAS ALREADY IN PROGRESS, AND THAT INCIDENTALLY THOSE WITHIN THAT CATEGORY DETERMINED IN THE COURSE OF THE REVISION TO FALL MORE PROPERLY WITHIN THE REGULAR CLASSIFICATION ACT GRADES WOULD BE SO CLASSIFIED AT THE EARLIEST PRACTICABLE MOMENT.

SUPPLEMENTING OUR LETTER OF FEBRUARY 2, THERE IS SUBMITTED HEREWITH FOR THE INFORMATION AND REFERENCE OF YOUR OFFICE THE REVISED LIST OF THE EXPERT POSITIONS AS CLASSIFIED BY THE DEPARTMENT (YOUR DECISION OF JANUARY 17, 1934, A-53051 TO THE DEPARTMENT) IN ACCORDANCE WITH THE SALARY STANDARDIZATION SCHEDULE CONTAINED IN EXECUTIVE ORDER 6440 OF NOVEMBER 18, 1933. THIS IS THE COMPLETE LIST AS OF THE PRESENT DATE.

THERE WILL BE A FEW ADDITIONS FROM TIME TO TIME. THEY WILL BE INDICATED BY PROPER NOTATIONS ON THE PAY ROLLS.

THE LIST SHOWS GRADES AND ANNUAL RATE OF COMPENSATION. IT MAY BE REMARKED THAT WITH FEW EXCEPTIONS THE PRESENT RATE OF COMPENSATION AND THAT PREVIOUSLY PAID ARE IDENTICAL. THE CLASSIFICATION HAS PRODUCED THREE OR FOUR REDUCTIONS OF PAY AND ONE INCREASE.

IT WAS STATED IN OUR COMMUNICATION OF FEBRUARY 2 THAT THE CLASSIFICATION OF POSITIONS ELIMINATED ON THE EXPERT LIST WOULD BE FINISHED BY MARCH 1. THIS WAS AT THE TIME OUR EXPECTATION; I GREATLY REGRET, HOWEVER, THAT IT HAS PROVED TO BE A MATTER OF PHYSICAL IMPOSSIBILITY TO COMPLETE THE WORK WITHIN THIS LIMIT. MUCH HAS BEEN DONE, BUT A FEW POSITIONS STILL REMAIN IN THE PROCESS OF ADJUSTMENT. I HAVE, THEREFORE, TO REQUEST YOUR CONSENT TO SUCH EXTENSION AS MAY BE NECESSARY IN THESE CASES, WITH THE ASSURANCE THAT THE DEPARTMENT WILL USE THE UTMOST DILIGENCE IN THE EXPEDITION OF THE WORK.

NO OPINION IS EXPRESSED AT THIS TIME AS TO WHETHER THE PERSONS WHOSE NAMES APPEAR ON THE LIST ACCOMPANYING YOUR LETTER ARE "EXPERTS" WITHIN THE MEANING AND INTENT OF SECTION 10 (A) OF THE ACT OF MAY 12, 1933, 48 STAT. 37, AND DECISION OF THIS OFFICE DATED JANUARY 18, 1934, OR AS TO WHETHER MOST IF NOT ALL OF THE POSITIONS THERE LISTED ARE NOT PROPER FOR CLASSIFICATION PURSUANT TO THE TERMS OF THE CLASSIFICATION ACT, AS AMENDED.

HOWEVER, THERE IS FOR CONSIDERATION AT THIS TIME YOUR STATEMENT THAT THE FIXING OF THE SALARY RATES OF THE PERSONS LISTED AS "EXPERTS" PURSUANT TO EXECUTIVE ORDER NO. 6440 OF NOVEMBER 18, 1933, HAS PRODUCED ONE INCREASE IN COMPENSATION. SAID EXECUTIVE ORDER NO. 6440, DATED NOVEMBER 18, 1933, PROVIDES, IN PART, AS FOLLOWS:

BY VIRTUE OF THE AUTHORITY VESTED IN ME AS PRESIDENT OF THE UNITED STATES, AND UNDER AUTHORITY OF SECTION 1753 OF THE REVISED STATUTES, AND IN ORDER TO SECURE GREATER UNIFORMITY IN THE RATES OF COMPENSATION OF EMPLOYEES ENGAGED UPON THE SAME OR SIMILAR CLASSES OF WORK, IT IS HEREBY ORDERED THAT THE RESPECTIVE HEADS OF

AGRICULTURAL ADJUSTMENT ADMINISTRATION,

WHICH ARE AUTHORIZED BY LAW TO EMPLOY PERSONAL SERVICES AND TO FIX RATES OF COMPENSATION THEREFOR WITHOUT REGARD TO THE CLASSIFICATION ACT OF 1923, AS AMENDED, SHALL, UNLESS OTHERWISE SPECIFICALLY AUTHORIZED BY ME, FIX SUCH RATES FOR OFFICERS AND EMPLOYEES NOW IN THE SERVICE, AS WELL AS FOR THOSE HEREAFTER APPOINTED, AT THE AMOUNTS PRESCRIBED IN THE FOLLOWING SALARY-STANDARDIZATION SCHEDULE, IN ACCORDANCE WITH THE DUTIES AND RESPONSIBILITIES OF THE POSITIONS OCCUPIED BY THEM.

SECTION 7 OF THE ACT OF MARCH 3, 1933, 47 STAT. 1515, PROVIDES AS FOLLOWS:

NO ADMINISTRATIVE PROMOTIONS IN THE CIVIL BRANCH OF THE UNITED STATES GOVERNMENT OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA SHALL BE MADE DURING THE FISCAL YEAR ENDING JUNE 30, 1934: PROVIDED, THAT THE FILLING OF A VACANCY, WHEN AUTHORIZED BY THE PRESIDENT, BY THE APPOINTMENT OF AN EMPLOYEE OF A LOWER GRADE, SHALL NOT BE CONSTRUED AS AN ADMINISTRATIVE PROMOTION, BUT NO SUCH APPOINTMENT SHALL INCREASE THE COMPENSATION OF SUCH EMPLOYEE TO A RATE IN EXCESS OF THE MINIMUM RATE OF THE GRADE TO WHICH SUCH EMPLOYEE IS APPOINTED, UNLESS SUCH MINIMUM RATE WOULD REQUIRE AN ACTUAL REDUCTION IN COMPENSATION: PROVIDED FURTHER, THAT THE RESTORATION OF EMPLOYEES TO THEIR FORMER GRADES OR THEIR ADVANCEMENT TO INTERMEDIATE GRADES FOLLOWING REDUCTIONS OF COMPENSATION FOR DISCIPLINARY REASONS SHALL NOT BE CONSTRUED TO BE ADMINISTRATIVE PROMOTIONS FOR THE PURPOSES OF THIS SECTION. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO COMMISSIONED, COMMISSIONED WARRANT, WARRANT, AND ENLISTED PERSONNEL, AND CADETS, OF THE COAST GUARD.

SECTION 3 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1934, APPROVED JUNE 16, 1933, 48 STAT. 304, PROVIDES AS FOLLOWS:

NO PART OF THE APPROPRIATIONS CONTAINED IN THIS ACT OR PRIOR APPROPRIATION ACTS SHALL BE USED TO PAY ANY INCREASE IN THE SALARY OF ANY OFFICER OR EMPLOYEE OF THE UNITED STATES GOVERNMENT BY REASON OF THE REALLOCATION OF THE POSITION OF SUCH OFFICER OR EMPLOYEE TO A HIGHER GRADE AFTER JUNE 30, 1932, BY THE PERSONNEL CLASSIFICATION BOARD OR THE CIVIL SERVICE COMMISSION, AND SALARIES PAID ACCORDINGLY SHALL BE PAYMENT IN FULL.

THE EXECUTIVE ORDER, SUPRA, DOES NOT PURPORT TO AUTHORIZE ADMINISTRATIVE PROMOTIONS, THAT IS, INCREASES IN COMPENSATION, DURING THE CURRENT FISCAL YEAR CONTRARY TO THE ABOVE QUOTED PROVISIONS OF SECTION 7 OF THE ACT OF MARCH 3, 1933. SEE IN THIS CONNECTION DECISIONS OF OCTOBER 5, 1933, A- 51282, AND FEBRUARY 6, 1934, A-53179. THEREFORE, IN APPLYING THE PROVISIONS OF SAID ORDER TO OFFICERS AND EMPLOYEES IN THE SERVICE WHEN IT BECAME EFFECTIVE THERE MUST NOT RESULT A PROMOTION WITHIN THE MEANING OF THE PROVISIONS OF SECTION 7, SUPRA. WHERE, HOWEVER, UNDER THE ADJUSTMENT, THE NET SALARY RATE TO BE PAID AFTER WITHHOLDING THE APPLICABLE PERCENTAGE REDUCTION DOES NOT EXCEED THE NET SALARY PREVIOUSLY PAID FOR PERFORMANCE OF SUBSTANTIALLY THE SAME DUTIES BY AN AMOUNT EQUAL TO OR IN EXCESS OF THE AMOUNT OF ONE SALARY STEP IN THE CORRESPONDING SALARY GRADE UNDER THE CLASSIFICATION ACT, VIZ., $60, $100, $200, OR $500 PER ANNUM, AS THE CASE MAY BE, SUCH AN ADJUSTMENT WOULD NOT CONSTITUTE AN ADMINISTRATIVE PROMOTION WITHIN THE MEANING OF SAID SECTION 7 OF THE ACT OF MARCH 3, 1933. SEE DECISION OF MARCH 12, 1934, A-54227.

THE MATTERS SET FORTH IN THE LAST PARAGRAPH OF YOUR LETTER WILL BE GIVEN DUE CONSIDERATION IN THE AUDIT OF THE PAY ROLLS AND VOUCHERS FOR MARCH, 1934.