B-148058, JUN 21, 1962

B-148058, JUN 21, 1962

TO MISS MYRTLE HOPPE:

ON MAY 23, 1962, YOU REQUESTED RECONSIDERATION OF YOUR CLAIM FOR SALARY ADJUSTMENT INCIDENT TO YOUR EMPLOYMENT WITH THE POST OFFICE DEPARTMENT.

FOLLOWING OUR DISALLOWANCE IN DECEMBER 1961 WE HAVE REVIEWED THE CLAIM THREE TIMES AT YOUR REQUEST. WE HAVE QUOTED THE LAW AND REGULATIONS GOVERNING YOUR APPOINTMENT AND POINTED OUT THAT THE AUTHORITY TO ESTABLISH YOUR SALARY WAS VESTED IN THE APPOINTING OFFICER WITHIN THE LIMITS PRESCRIBED IN THE REGULATIONS. WE ALSO HAVE ADVISE YOU THAT THE SALARY RATE SO FIXED WAS WITHIN THE PRESCRIBED LIMITS AND WHILE THE OFFICER, IN THE EXERCISE OF HIS DISCRETION, COULD HAVE PLACED YOU IN A HIGHER STEP IN THE GRADE, HE WAS NOT REQUIRED TO AND DID NOT DO SO.

IN YOUR PRESENT LETTER YOU REPEAT YOUR EARLIER ALLEGATIONS THAT THE AGENCY RECORDS ARE INCORRECT AND THAT THE COMPENSATION OFFICER ADVISED YOU OF THE ERROR AND STATED HE WOULD HAVE CORRECTED IT IF HE HAD BEEN IN THE OFFICE AT THE TIME.

WE NOW HAVE COPIES OF YOUR LETTERS OF MAY 25 AND JUNE 2, 1962, TO THE COMPENSATION OFFICER AND COPIES OF HIS REPLIES OF MAY 28 AND JUNE 11, TO YOU. FROM MR. SMITH'S LETTERS IT APPEARS THAT FOLLOWING HIS CONVERSATION WITH YOU HE DISCUSSED THE MATTER WITH THE PLACEMENT OFFICER AND THE REGIONAL PERSONNEL MANAGER AND ASCERTAINED THAT THE ACTION OF THE APPOINTMENT OFFICER IN PLACING YOU IN GRADE PFS-4, STEP 4, WAS NOT THE RESULT OF AN ERROR BUT WAS AN EXERCISE OF HIS DISCRETION.

REGARDING THE ALLEGED INCONSISTENCY BETWEEN THE GOVERNING REGULATION AND THE STATEMENT APPEARING ON THE FORM 50, BOTH OF WHICH WE HAVE QUOTED HERETOFORE, WE DIRECT YOUR ATTENTION TO SECTION 11 OF THE FORM, WHICH SHOWS THAT YOU WERE TRANSFERRING FROM A POSITION IN GRADE GS-3 AT A SALARY OF $4,390 PER ANNUM, WHICH INCLUDED THE INCREASE GRANTED CLASSIFIED EMPLOYEES BY THE ACT OF 1960. BUT FOR YOUR PRIOR SERVICE AT GS-5, THE OFFICER WOULD HAVE BEEN REQUIRED BY THE REGULATION TO BASE YOUR POST OFFICE DEPARTMENT SALARY UPON THAT OF THE POSITION FROM WHICH YOU WERE TRANSFERRING. IN THAT EVENT HE COULD HAVE OFFERED YOU AT MOST ONLY STEP 2 AT $4,505 PER ANNUS WHICH IS THE HIGHEST STEP IN PFS-4 "WHICH IS LESS THAN ONE FULL STEP ABOVE" THE $4,390 YOU WERE RECEIVING AT THE TIME. THEREFORE, WE VIEW THE STATEMENT IN QUESTION WHICH SHOWED YOUR EARLIER GRADE GS-5 SERVICE AND SALARY AS BEING A JUSTIFICATION FOR PLACING YOU IN STEP 4 AT $4,825, AS CLEARLY STATED ON THE FORM, AND NOT AS AN INDICATION OF AN INTENTION TO AWARD YOU AN EVEN HIGHER STEP AS YOU CONTEND.

YOU WERE APPOINTED BY AN OFFICER OF THE AGENCY WHO WAS EMPOWERED TO MAKE THE APPOINTMENT AND AT A SALARY RATE WHICH HE WAS AUTHORIZED TO DETERMINE. WHILE YOU REPEATEDLY HAVE STATED THAT THE OFFICER INTENDED TO GRANT YOU A HIGHER SALARY THE AGENCY HAS REPORTED OTHERWISE AND YOU HAVE NOT FURNISHED SUCH EVIDENCE IN SUPPORT THEREOF AS WOULD SUPPORT A FINDING THAT THE OFFICIAL RECORDS OF THE POST OFFICE DEPARTMENT HAVE BEEN FALSIFIED OR ARE OTHERWISE INCORRECT.

WE HAVE THOROUGHLY REVIEWED ALL OF YOUR PERTINENT CONTENTIONS AND YOUR ARGUMENTS. FURTHER REITERATION OF THEM WILL SERVE NO USEFUL PURPOSE. THEREFORE, ADDITIONAL CORRESPONDENCE WHICH CONTAINS NO INFORMATION NOT HERETOFORE CONSIDERED WILL BE FILED WITHOUT REPLY.