A-16937, JANUARY 22, 1927, 6 COMP. GEN. 487

A-16937: Jan 22, 1927

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ARE NOT SUCH AS THE DEPARTMENT OF JUSTICE REQUIRES IN CONNECTION WITH ITS ORDINARY ACTIVITIES. PROHIBITING EMPLOYMENT OF PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA ARE NOT SO CLEARLY INVOLVED AS TO PRECLUDE SUCH EMPLOYMENT. THE PROVISIONS OF THE CLASSIFICATION ACT OF 1923 WERE NOT EXTENDED TO THE FIELD SERVICE GENERALLY BY THE ACTS OF DECEMBER 6. ONLY TO THOSE SERVICES FOR WHICH APPROPRIATIONS WERE MADE IN THE ACT OF DECEMBER 6. PERSONAL SERVICES OF THIS CHARACTER ARE GENERALLY FOR PERFORMANCE BY REGULAR EMPLOYEES OF THE GOVERNMENT. IT APPEARS THAT YOU HAVE APPLIED TO THE OFFICE OF THE SUPERVISING ARCHITECT AND TO OTHER DEPARTMENTS AND HAVE BEEN UNABLE TO PROCURE THE NECESSARY TECHNICAL ASSISTANCE.

A-16937, JANUARY 22, 1927, 6 COMP. GEN. 487

PERSONAL SERVICES - ARCHITECTS - DEPARTMENT OF JUSTICE THE SERVICES OF AN ARCHITECT FOR THE PREPARATION OF PLANS AND AS A CONSULTANT IN CONNECTION WITH THE INSTALLATION OF NEW BOILERS AND REPAIRS AND ALTERATIONS TO THE POWER HOUSE AT THE FEDERAL PENITENTIARY AT ATLANTA, GA., ARE NOT SUCH AS THE DEPARTMENT OF JUSTICE REQUIRES IN CONNECTION WITH ITS ORDINARY ACTIVITIES, BUT THE NECESSITY THEREFOR ARISES SOLELY BECAUSE OF THE SPECIFIC APPROPRIATION FOR THE CONSTRUCTION WORK AT ATLANTA, INCLUDING "ALL EXPENSES CONNECTED THEREWITH.' ACCORDINGLY, THE PROVISIONS OF THE ACT OF AUGUST 5, 1882, 22 STAT. 255, PROHIBITING EMPLOYMENT OF PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA ARE NOT SO CLEARLY INVOLVED AS TO PRECLUDE SUCH EMPLOYMENT. THE PROVISIONS OF THE CLASSIFICATION ACT OF 1923 WERE NOT EXTENDED TO THE FIELD SERVICE GENERALLY BY THE ACTS OF DECEMBER 6, 1924, 43 STAT. 709, AND JANUARY 22, 1925, 43 STAT. 764, BUT ONLY TO THOSE SERVICES FOR WHICH APPROPRIATIONS WERE MADE IN THE ACT OF DECEMBER 6, 1924. THE EXTENSION OF THE CLASSIFICATION ACT, UNDER SUCH CIRCUMSTANCES, TO THE REGULAR EMPLOYEES AT THE FEDERAL PENITENTIARY AT ATLANTA, GA., PAID UNDER THE APPROPRIATION FOR SALARIES OF OFFICERS AND EMPLOYEES DOES NOT, THEREFORE, LIMIT THE MAXIMUM COMPENSATION WHICH MAY BE PAID FOR THE PERSONAL SERVICES OF AN ARCHITECT, NECESSARY AND INCIDENT TO AND PAYABLE UNDER THE APPROPRIATION FOR THE PURCHASE AND INSTALLATION OF NEW BOILERS AND THE REPAIRS AND ALTERATIONS OF THE BOILER HOUSE.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, JANUARY 22, 1927:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 7, 1927, REQUESTING TO BE ADVISED WHETHER A CONTRACT MAY BE ENTERED INTO BY YOUR DEPARTMENT WITH AN ARCHITECT FOR THE PREPARATION OF PLANS AND FOR SERVICES AS A CONSULTANT IN CONNECTION WITH THE INSTALLATION OF NEW BOILERS AND REPAIRS AND ALTERATIONS TO THE POWER HOUSE AT THE FEDERAL PENITENTIARY AT ATLANTA, GA., FOR A CONSIDERATION OF $6,000, PAYMENT THEREFOR TO BE MADE UNDER THE APPROPRIATION IN THE ACT OF APRIL 29, 1926, 44 STAT. 348, WORDED AS FOLLOWS:

FOR THE PURCHASE AND INSTALLATION OF NEW BOILERS, AND ALL EXPENSES CONNECTED THEREWITH, INCLUDING REPAIRS AND ALTERATIONS TO THE POWER HOUSE NECESSARY TO THE INSTALLATION, $200,000, AND TO BE SO EXPENDED AS TO GIVE THE MAXIMUM AMOUNT OF EMPLOYMENT TO THE INMATES OF SUCH PENITENTIARY.

PERSONAL SERVICES OF THIS CHARACTER ARE GENERALLY FOR PERFORMANCE BY REGULAR EMPLOYEES OF THE GOVERNMENT, BUT IT APPEARS THAT YOU HAVE APPLIED TO THE OFFICE OF THE SUPERVISING ARCHITECT AND TO OTHER DEPARTMENTS AND HAVE BEEN UNABLE TO PROCURE THE NECESSARY TECHNICAL ASSISTANCE, AND THAT THE CIVIL SERVICE COMMISSION HAS AUTHORIZED THE TEMPORARY EMPLOYMENT OF AN ARCHITECT UNDER SECTION 4, RULE VIII, FOR A PERIOD OF THREE MONTHS OR MORE, NOT EXTENDING BEYOND JUNE 30, 1927.

THE SERVICES HERE INVOLVED ARE NOT SUCH AS THE DEPARTMENT OF JUSTICE REQUIRES IN CONNECTION WITH ITS ORDINARY ACTIVITIES, BUT THE NECESSITY THEREFOR ARISES SOLELY BECAUSE OF THE SPECIFIC APPROPRIATION FOR THE CONSTRUCTION WORK AT ATLANTA, INCLUDING "ALL EXPENSES CONNECTED THEREWITH.' ACCORDINGLY THE PROVISIONS OF THE ACT OF AUGUST 5, 1882, 22 STAT. 255, PROHIBITING EMPLOYMENT OF PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA ARE NOT SO CLEARLY INVOLVED AS TO PRECLUDE SUCH EMPLOYMENT.

THE ACT OF DECEMBER 6, 1924, 43 STAT. 709, CONTAINED AN APPROPRIATION TO ENABLE THE ADJUSTMENT OF THE SALARIES OF EMPLOYEES AT THE ATLANTA PENITENTIARY IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1923.

THE ACT OF JANUARY 22, 1925, 43 STAT. 764, PROVIDED AS FOLLOWS:

THOSE CIVILIAN POSITIONS IN THE FIELD SERVICES UNDER THE SEVERAL EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS, THE COMPENSATION OF WHICH WAS FIXED OR LIMITED BY LAW BUT ADJUSTED FOR THE FISCAL YEAR 1925 UNDER THE AUTHORITY AND APPROPRIATIONS CONTAINED IN THE ACT ENTITLED "AN ACT MAKING ADDITIONAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30, 1925, TO ENABLE THE HEADS OF THE SEVERAL EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS TO ADJUST THE RATES OF COMPENSATION OF CIVILIAN EMPLOYEES IN CERTAIN OF THE FIELD SERVICES," APPROVED DECEMBER 6, 1924, MAY BE PAID UNDER THE APPLICABLE APPROPRIATIONS FOR THE FISCAL YEAR 1926 AT RATES NOT IN EXCESS OF THOSE PERMITTED FOR THEM UNDER THE PROVISIONS OF SUCH ACT OF DECEMBER 6, 1924.

THE BUDGET FOR 1927 DISCLOSES THAT THE CLASSIFICATION HAS BEEN APPLIED TO ALL SALARIES OF THE REGULAR EMPLOYEES AT ATLANTA PAID UNDER THE APPROPRIATION IN THE ACT OF APRIL 29, 1926, OF ,$244,360 FOR SALARIES AND WAGES OF ALL OFFICERS AND EMPLOYEES" AT THAT PLACE. SO FAR AS THE USE OF THE SALARY APPROPRIATION IS CONCERNED THERE WOULD BE NO AUTHORITY TO EXCEED THE RATE OF $7,500 PER ANNUM, THE MAXIMUM RATE FIXED BY THE CLASSIFICATION ACT. 4 COMP. GEN. 755; ID. 915; ID. 1077. THE ADJUSTMENT OF FIELD-SERVICE POSITIONS, HOWEVER, UNDER THE EXTENSION OF THE CLASSIFICATION ACT WAS LIMITED TO THOSE POSITIONS OR SERVICES FOR WHICH FUNDS WERE EXPRESSLY PROVIDED IN THE ACT OF DECEMBER 6, 1924, SUPRA, AND WAS NOT APPLICABLE TO THE FIELD SERVICE GENERALLY. SEE DECISION OF MARCH 19, 1925, A-8419, REGARDING THE COMPENSATION OF THE SUPERINTENDENT OF THE CHIPPEWA LOGGING SERVICE AND HIS ASSISTANTS, ALSO 5 COMP. GEN. 235; 6 ID. 332.

THE COMPENSATION OF THE ARCHITECT IN THE PRESENT CASE IS PROPOSED TO BE PAID UNDER THE APPROPRIATION ABOVE CITED FOR THE PURCHASE AND INSTALLATION OF THE NEW BOILERS, WHICH EXPRESSLY PROVIDES FOR ALL EXPENSES CONNECTED THEREWITH AND APPEARS TO BE A PROPER CHARGE AGAINST THAT APPROPRIATION. AS THE PROVISIONS OF THE CLASSIFICATION ACT HAVE NOT BEEN EXTENDED TO SUCH TEMPORARY PERSONAL SERVICES AS MIGHT BE NECESSARY UNDER THIS PARTICULAR APPROPRIATION, THERE WOULD APPEAR TO BE NO OBJECTION TO CONTRACTING WITH THE ARCHITECT IN QUESTION AT RATES IN EXCESS OF THOSE PERMITTED BY THE CLASSIFICATION ACT IF CONSIDERED REASONABLE AND NECESSARY FOR THE WORK TO BE PERFORMED.