A-11744, NOVEMBER 13, 1925, 5 COMP. GEN. 346

A-11744: Nov 13, 1925

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1925: I HAVE YOUR LETTER OF OCTOBER 29. REQUESTING DECISION WHETHER THE APPROPRIATIONS UNDER THE CIVIL SERVICE COMMISSION ARE TO BE CONSIDERED AS PROVIDING ONE OR MORE APPROPRIATION UNITS WITHIN THE MEANING OF THE PHRASE "BUREAU. THE DECISIONS OF THIS OFFICE HAVE HELD THAT ORDINARILY THE RESPECTIVE BUREAUS IN A DEPARTMENT ARE THE UNITS WITHIN THE MEANING OF THE AVERAGE PROVISION IN THE ABSENCE OF A SPECIFIC SHOWING THAT THE BUREAU IS OPERATING UNDER TWO OR MORE APPROPRIATIONS PROVIDING FOR DISSIMILAR OR UNRELATED ACTIVITIES. 4 COMP. WHERE SATISFACTORY EVIDENCE HAS BEEN FURNISHED THAT A BUREAU IS OPERATING UNDER MORE THAN ONE APPROPRIATION PROVIDING FOR SEPARATE AND DISTINCT ACTIVITIES. SEPARATE APPROPRIATION ITEMS HAVE BEEN PROVIDED BY STATUTE.

A-11744, NOVEMBER 13, 1925, 5 COMP. GEN. 346

CLASSIFICATION OF CIVILIAN EMPLOYEES - APPROPRIATION UNIT - CIVIL SERVICE COMMISSION ALL APPROPRIATION ITEMS PROVIDED UNDER THE CIVIL SERVICE COMMISSION FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA CONSTITUTE ONE "BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT," WITHIN THE MEANING OF THE AVERAGE PROVISION RESTRICTING PAYMENT OF COMPENSATION IN THE DISTRICT OF COLUMBIA IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1923, EXCEPT THE ITEM FOR EMPLOYMENT OF EXPERT EXAMINERS NOT IN THE FEDERAL SERVICE, THE HIRING OF WHOM NEED NOT BE INCLUDED IN DETERMINING AND MAINTAINING THE PROPER SALARY AVERAGE OF THE GRADE.

COMPTROLLER GENERAL MCCARL TO THE PRESIDENT, UNITED STATES CIVIL SERVICE COMMISSION, NOVEMBER 13, 1925:

I HAVE YOUR LETTER OF OCTOBER 29, 1925, REQUESTING DECISION WHETHER THE APPROPRIATIONS UNDER THE CIVIL SERVICE COMMISSION ARE TO BE CONSIDERED AS PROVIDING ONE OR MORE APPROPRIATION UNITS WITHIN THE MEANING OF THE PHRASE "BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT" APPEARING IN THE AVERAGE PROVISION RESTRICTING PAYMENTS OF COMPENSATION FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1923.

THE DECISIONS OF THIS OFFICE HAVE HELD THAT ORDINARILY THE RESPECTIVE BUREAUS IN A DEPARTMENT ARE THE UNITS WITHIN THE MEANING OF THE AVERAGE PROVISION IN THE ABSENCE OF A SPECIFIC SHOWING THAT THE BUREAU IS OPERATING UNDER TWO OR MORE APPROPRIATIONS PROVIDING FOR DISSIMILAR OR UNRELATED ACTIVITIES. 4 COMP. GEN. 167, 168; ID 342; ID. 741. WHERE SATISFACTORY EVIDENCE HAS BEEN FURNISHED THAT A BUREAU IS OPERATING UNDER MORE THAN ONE APPROPRIATION PROVIDING FOR SEPARATE AND DISTINCT ACTIVITIES, AND SEPARATE APPROPRIATION ITEMS HAVE BEEN PROVIDED BY STATUTE, MAKING IT IMPRACTICABLE TO COMPARE THE EFFICIENCY OF EMPLOYEES UNDER ONE APPROPRIATION ITEM WITH EMPLOYEES UNDER ANOTHER APPROPRIATION ITEM FOR THE PURPOSE OF PROMOTIONS, DEMOTIONS, AND DISMISSALS, THE DECISIONS HAVE RECOGNIZED AND AUTHORIZED MORE THAN ONE UNIT UNDER THE BUREAU OR OFFICE. SEE 4 COMP. GEN. 456, AND 817, MODIFYING 4 COMP. GEN. 342. UNDER THE DEPARTMENT OF JUSTICE, WHERE THERE ARE NO BUREAU ORGANIZATIONS, THE DEPARTMENT WAS CONSIDERED AS A UNIT WITH THE EXCEPTION OF TWO APPROPRIATION ITEMS. 4 COMP. GEN. 851. ADDITIONAL AMOUNTS AUTHORIZED UNDER WAR DEPARTMENT FIELD SERVICE APPROPRIATION FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA WERE HELD TO BE SUPPLEMENTAL TO AND FOR THE SAME GENERAL PURPOSE AS THE REGULAR ITEM FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA. 4 COMP. GEN. 678.

APPROPRIATIONS FOR THE CIVIL SERVICE COMMISSION FOR THE FISCAL YEAR 1926 ARE FOUND IN THE ACT OF MARCH 3, 1925, 43 STAT. 1200, WHEREIN NO PROVISION HAS BEEN MADE FOR BUREAU OR OFFICE ORGANIZATIONS. THERE ARE FOUR APPROPRIATION ITEMS WHICH PROVIDE FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA, AS FOLLOWS:

(1) SALARIES: FOR THREE COMMISSIONERS AND OTHER PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1923, $470,000.

(2) FOR EMPLOYMENT OF EXPERT EXAMINERS NOT IN THE FEDERAL SERVICE TO PREPARE QUESTIONS AND RATE PAPERS IN EXAMINATIONS ON SPECIAL SUBJECTS FOR WHICH EXAMINERS WITHIN THE SERVICE ARE NOT AVAILABLE, $2,000.

(3) TO CARRY OUT THE PROVISIONS OF SECTION 13 OF THE ACT ENTITLED "AN ACT FOR THE RETIREMENT OF EMPLOYEES IN THE CLASSIFIED CIVIL SERVICE, AND FOR OTHER PURPOSES," APPROVED MAY 22, 1920, INCLUDING PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA * * * $35,000, OF WHICH AMOUNT NOT TO EXCEED $34,440 MAY BE EXPENDED FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA.

(4) FOR EXAMINATION OF PRESIDENTIAL POSTMASTERS, * * * $32,000, OF WHICH AMOUNT NOT TO EXCEED $26,880 MAY BE EXPENDED FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA.

THE PURPOSES FOR WHICH PROVISION IS MADE UNDER THESE ITEMS ARE SIMILAR AND ALL RELATE TO THE REGULAR WORK OF THE CIVIL SERVICE COMMISSION--- THAT IS, PERSONNEL MATTERS OF THE GOVERNMENT AND THE KEEPING OF PERSONNEL RECORDS. THERE APPEARS NO DIVERSION OF ACTIVITY SUFFICIENTLY MARKED TO JUSTIFY SEPARATION OF THE FUNDS APPROPRIATED FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA UNDER THE CIVIL SERVICE COMMISSION INTO MORE THAN ONE "BUREAU OFFICE, OR OTHER APPROPRIATION IT," FOR THE WITH THE EXCEPTION OF THE ITEM FOR EMPLOYMENT OF EXPERT EXAMINERS NOT PURPOSE OF COMPARING EFFICIENCY OF EMPLOYEES IN MAKING PROMOTIONS, DEMOTIONS, OR DISMISSALS.

AS TO ITEM NO. (2), IT IS UNDERSTOOD THAT AN EXPERT EXAMINER IS HIRED TO PREPARE QUESTIONS AND RATE PAPERS IN EXAMINATIONS ON SPECIAL SUBJECTS AND THAT THEY ARE NEVER EMPLOYED FOR THE GENERAL WORK OF THE COMMISSION. SUCH HIRING IS COMPARABLE TO THE HIRING OF AN EXPERT WITNESS TO TESTIFY IN INDIVIDUAL CASES OR CLASS OF CASES, IN REGARD TO WHICH IT WAS HELD IN DECISION OF OCTOBER 30, 1925, 5 COMP. GEN. 302, AS FOLLOWS:

* * * IT IS UNDERSTOOD THAT AN EXPERT WITNESS IS HIRED TO TESTIFY IN INDIVIDUAL CASES OR IN A CLASS OF CASES. SUCH HIRING WOULD NOT APPEAR TO BE A "SPECIFIC CIVILIAN OFFICE OR EMPLOYMENT" WITHIN THE MEANING OF THE CLASSIFICATION ACT, WHICH DEFINES "POSITIONS" AS A "SPECIFIC CIVILIAN OFFICE OR EMPLOYMENT.' THE HIRING OF AN EXPERT WITNESS TO TESTIFY IN A SPECIFIC CASE WOULD NOT CREATE A POSITION ALREADY EXISTING. THEREFORE, THERE BEING NO POSITION TO BE ALLOCATED, THE CLASSIFICATION DOES NOT APPLY TO SUCH HIRING. * * *

ACCORDINGLY, THE HIRING OF EXPERT EXAMINERS NOT IN THE FEDERAL SERVICE NEED NOT BE INCLUDED IN DETERMINING AND MAINTAINING THE PROPER SALARY AVERAGE OF A GRADE.

YOU ARE ADVISED, THEREFORE, THAT ALL FUNDS PROVIDING FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA UNDER THE CIVIL SERVICE COMMISSION, WITH THE EXCEPTION OF THE ITEM FOR EMPLOYMENT OF EXPERT EXAMINERS NOT IN THE FEDERAL SERVICE, MUST BE CONSIDERED AS ONE "BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT," WITHIN THE MEANING OF THE AVERAGE PROVISION RESTRICTING PAYMENTS OF COMPENSATION IN THE DISTRICT OF COLUMBIA IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1923.

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