B-148058, MAR. 19, 1962

B-148058, MAR. 19, 1962

TO MISS MYRTLE HOPPE:

ON MARCH 3, 1962, YOU REQUESTED FURTHER CONSIDERATION OF YOUR CLAIM FOR SALARY ADJUSTMENT INCIDENT TO YOUR EMPLOYMENT WITH THE POST OFFICE DEPARTMENT. THE CLAIM WAS DISALLOWED BY OUR OFFICE IN DECEMBER 1961 AND THAT ACTION WAS SUSTAINED BY OUR DECISION OF FEBRUARY 23, 1962, B 148058.

IN OUR DECISION WE QUOTED THE LAW AND DEPARTMENTAL REGULATION GOVERNING YOUR APPOINTMENT AND POINTED OUT THAT PURSUANT THERETO THE APPOINTING OFFICER WAS VESTED WITH THE DISCRETION TO FIX YOUR SALARY RATE AT ANY STEP WITHIN THE STATED LIMITS. WE ALSO QUOTED THE AGENCY'S REPORT TO THE EFFECT THAT FULL CONSIDERATION WAS GIVEN TO THE CHANGES IN THE GS RATES AND THE POSTAL MANUAL PROVISION THAT PRIOR GOVERNMENT EMPLOYEES MAY BE ASSIGNED TO THEIR HIGHEST PREVIOUS SALARY INCLUDING STATUTORY INCREASES AND THEREFORE THE ENTIRE TRANSACTION WAS PROPER AND IN ACCORDANCE WITH THE REGULATIONS.

YOU QUESTION THE CORRECTNESS OF THE REPORT OF THE AGENCY. IN SUPPORT OF YOUR POSITION YOU REFER TO CERTAIN ORAL STATEMENTS MADE TO YOU BY OTHER OFFICIALS OF THE POST OFFICE DEPARTMENT AND OF OTHER AGENCIES WITH WHOM YOU DISCUSSED YOUR CLAIM AND ASK WHY SUCH STATEMENTS WERE MADE TO YOU IF NO ERROR WAS COMMITTED.

AS STATED ABOVE THE RESPONSIBILITY FOR ESTABLISHING YOUR SALARY RATE WAS THAT OF THE APPOINTING OFFICER. IN PLACING YOU IN PFS-4, STEP 4, HE WAS EXERCISING THE DISCRETION GIVEN HIM BY LAW. THE CORRESPONDING SALARY BECAME YOUR LAWFUL RATE OF COMPENSATION AND THE OPINIONS OF OTHERS WHO MIGHT HAVE GRANTED A HIGHER RATE HAD THEY BEEN CLOTHED WITH THE AUTHORITY TO DO SO DOES NOT ESTABLISH ERROR ON THE PART OF THE RESPONSIBLE OFFICER. UPON FURTHER CONSIDERATION WE MUST ADHERE TO OUR DECISION OF FEBRUARY 23, 1962.