A-23513, JULY 31, 1928, 8 COMP. GEN. 47

A-23513: Jul 31, 1928

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ALL NEW APPOINTMENTS ARE REQUIRED TO BE MADE AT THE MINIMUM SALARY RATE OF THE GRADE. INCREASES WITHIN THE GRADE ARE DEPENDENT UPON THE ATTAINMENT AND MAINTENANCE OF A PROPER EFFICIENCY RATING. THE EMPLOYEE WOULD NOT HAVE BEEN IN RECEIPT OF THE MINIMUM SALARY RATE PRIOR TO THE PROMOTION. AS NO EFFICIENCY RATING WOULD HAVE BEEN ATTAINED. THE APPOINTMENT WOULD NOT BE AT THE MINIMUM SALARY RATE OF THE GRADE BUT AT THE HIGHER RATE TO WHICH STATED TO HAVE BEEN PROMOTED. 1928: THERE IS FOR CONSIDERATION BY THIS OFFICE THE QUESTION OF WHETHER CREDIT MAY BE ALLOWED IN THE ACCOUNTS OF J. UNDER THE FOLLOWING CIRCUMSTANCES: THE PAY ROLL UPON WHICH PAYMENT WAS MADE CONTAINS THIS NOTATION: EFF 3/15/28 APPT AT $3300 SAME DATE PROMOTED TO $3600.

A-23513, JULY 31, 1928, 8 COMP. GEN. 47

CLASSIFICATION OF CIVILIAN EMPLOYEES - APPOINTMENT AND PROMOTION SAME DAY UNDER SECTION 6 OF THE CLASSIFICATION ACT OF 1923, 42 STAT. 1490, ALL NEW APPOINTMENTS ARE REQUIRED TO BE MADE AT THE MINIMUM SALARY RATE OF THE GRADE, AND UNDER SECTION 7, INCREASES WITHIN THE GRADE ARE DEPENDENT UPON THE ATTAINMENT AND MAINTENANCE OF A PROPER EFFICIENCY RATING. ANY INCREASE IN COMPENSATION MADE EFFECTIVE ON THE SAME DAY AS A NEW APPOINTMENT WOULD RELATE BACK TO THE BEGINNING OF THAT DAY, AND BEING SIMULTANEOUSLY EFFECTIVE WITH THE APPOINTMENT, THE EMPLOYEE WOULD NOT HAVE BEEN IN RECEIPT OF THE MINIMUM SALARY RATE PRIOR TO THE PROMOTION, AND AS NO EFFICIENCY RATING WOULD HAVE BEEN ATTAINED, THE APPOINTMENT WOULD NOT BE AT THE MINIMUM SALARY RATE OF THE GRADE BUT AT THE HIGHER RATE TO WHICH STATED TO HAVE BEEN PROMOTED, AND WOULD BE IN CONTRAVENTION OF THE LAW.

DECISION BY COMPTROLLER GENERAL MCCARL, JULY 31, 1928:

THERE IS FOR CONSIDERATION BY THIS OFFICE THE QUESTION OF WHETHER CREDIT MAY BE ALLOWED IN THE ACCOUNTS OF J. B. CALLAHAN, CHIEF DISBURSING CLERK, DEPARTMENT OF THE INTERIOR, FOR $160, CONSISTING OF COMPENSATION PAID TO WILLIAM A. DUPUY AT THE RATE OF $3,600 PER ANNUM IN GRADE CAF 10 FROM MARCH 15 TO MARCH 31, 1928, INCLUSIVE, UNDER THE FOLLOWING CIRCUMSTANCES:

THE PAY ROLL UPON WHICH PAYMENT WAS MADE CONTAINS THIS NOTATION:

EFF 3/15/28 APPT AT $3300 SAME DATE PROMOTED TO $3600.

THE CLASSIFICATION ACT OF 1923 ESTABLISHED SEVEN SALARY RATES IN CAF 10, BEGINNING AT $3,300 AND ADVANCING IN STEPS OF $100 EACH. SECTION 6 OF SAID ACT, 42 STAT. 1490, PROVIDES:

ALL NEW APPOINTMENTS SHALL BE MADE AT THE MINIMUM RATE OF THE APPROPRIATE GRADE OR CLASS THEREOF.

SECTION 7 OF THE SAME ACT PROVIDES:

INCREASES IN COMPENSATION SHALL BE ALLOWED UPON THE ATTAINMENT AND MAINTENANCE OF THE APPROPRIATE EFFICIENCY RATINGS, TO THE NEXT HIGHER RATE OF THE SALARY RANGE. * * *

IT IS A WELL-ESTABLISHED RULE OF LAW THAT THE LAW DOES NOT GENERALLY REGARD FRACTIONS OF A DAY. LAPEYRE V. UNITED STATES, 17 WALL. 198. A NEW APPOINTMENT TO A POSITION EFFECTIVE MAY 15, 1928, AND A PROMOTION EFFECTIVE ON THE SAME DATE BOTH RELATE BACK TO THE BEGINNING OF THE DAY, AND AS THE EMPLOYEE WAS NOT PAID AT THE MINIMUM RATE OF THE GRADE BUT AT THE HIGHER RATE, IT FOLLOWS THAT THE APPOINTMENT MUST BE CONSIDERED AS AT THE RATE TO WHICH STATED TO HAVE BEEN PROMOTED. IT IS EVIDENT ALSO THAT ONE WHO WAS NOT THERETOFORE IN THE GOVERNMENT SERVICE COULD NOT HAVE ATTAINED AND MAINTAINED AN EFFICIENCY RATING AS PRESCRIBED IN ACCORDANCE WITH THE LAW. THE ADMINISTRATIVE PROCEDURE DISCLOSED WOULD BE IN CONTRAVENTION OF SECTIONS 6 AND 7 OF THE CLASSIFICATION ACT OF 1923, BUT AS THERE APPEARS TO HAVE BEEN CONSIDERABLE ADMINISTRATIVE DOUBT AS TO THE PROCEDURE, THE RULE HERE STATED WILL BE FOR FOLLOWING HEREAFTER AND PROMOTIONS HERETOFORE OTHERWISE MADE WILL NOT BE QUESTIONED WITH RESPECT TO SUCH PAYMENTS.