A-23581, JULY 11, 1928, 8 COMP. GEN. 10

A-23581: Jul 11, 1928

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WAS ADMINISTRATIVELY COMPARED TO THAT OF DEPARTMENTAL EMPLOYEES IN P-4 UNDER THE CLASSIFICATION ACT OF 1923. 000) THE DISTRICT ATTORNEY IS NOW FURNISHED QUARTERS IN KIND VALUED AT $1. NO FURTHER ADJUSTMENT OF HIS COMPENSATION UNDER THAT ACT IS AUTHORIZED. IS PROVIDED FOR BY SECTION 8 (F) OF THE ACT OF AUGUST 24. THE APPROPRIATION ACTS SINCE 1912 HAVE CARRIED A SPECIFIC APPROPRIATION OF $5. IT IS NOTED. WHICH WERE THE FIRST ESTIMATES SUBMITTED AFTER THE PASSAGE OF THE ACT OF DECEMBER 6. THE SALARY OF THE DISTRICT ATTORNEY IS COMPARED WITH THE SALARY RANGE OF FROM $3. THAT THE COMPENSATION OF THE DISTRICT ATTORNEY WAS CONSIDERED AS REQUIRING NO CHANGE IN ORDER TO ADJUST IT TO THE RATES FIXED BY THE CLASSIFICATION ACT OF 1923.

A-23581, JULY 11, 1928, 8 COMP. GEN. 10

CLASSIFICATION OF CIVILIAN EMPLOYEES - APPLICATION OF ACT OF MAY 28, 1928 - PANAMA CANAL DISTRICT ATTORNEY IN THE ADJUSTMENT OF COMPENSATION OF FIELD EMPLOYEES UNDER THE ACT OF DECEMBER 6, 1924, 43 STAT. 712, THE COMPENSATION OF THE DISTRICT ATTORNEY, PANAMA CANAL, WAS ADMINISTRATIVELY COMPARED TO THAT OF DEPARTMENTAL EMPLOYEES IN P-4 UNDER THE CLASSIFICATION ACT OF 1923, AND NO CHANGE FOUND NECESSARY. IN ADDITION TO THE MAXIMUM SALARY RATE OF THAT GRADE ($5,000) THE DISTRICT ATTORNEY IS NOW FURNISHED QUARTERS IN KIND VALUED AT $1,200, MAKING HIS AGGREGATE COMPENSATION $6,200, AND AS THIS EXCEEDS THE MAXIMUM RATE IN P-4 UNDER THE ACT OF MAY 28, 1928, 45 STAT. 777, NO FURTHER ADJUSTMENT OF HIS COMPENSATION UNDER THAT ACT IS AUTHORIZED.

COMPTROLLER GENERAL MCCARL TO THE GOVERNOR OF THE PANAMA CANAL, JULY 11, 1928:

THERE HAS BEEN RECEIVED, THROUGH THE CHIEF OF OFFICE, COPY OF YOUR RADIOGRAM OF JUNE 30, 1928, AS FOLLOWS:

ASCERTAIN FROM COMPTROLLER GENERAL WHETHER, IN VIEW OF EXISTING LEGISLATION, FIXING DISTRICT ATTORNEY'S SALARY AT $5,000 HE CAN BE CLASSIFIED AND COME UNDER PROVISIONS OF WELCH BILL.

THE APPOINTMENT OF A DISTRICT ATTORNEY FOR THE CANAL ZONE BY THE PRESIDENT, WITH THE ADVICE AND CONSENT OF THE SENATE, IS PROVIDED FOR BY SECTION 8 (F) OF THE ACT OF AUGUST 24, 1912, 37 STAT. 565, AS AMENDED BY THE ACT OF SEPTEMBER 21, 1922, 42 STAT. 1006, AND THE ACT OF DECEMBER 29, 1926, 44 STAT. 924, THE COMPENSATION BEING FIXED AT $5,000 PER ANNUM. THE APPROPRIATION ACTS SINCE 1912 HAVE CARRIED A SPECIFIC APPROPRIATION OF $5,000 EACH YEAR FOR THE SALARY OF THE DISTRICT ATTORNEY, THE APPROPRIATION FOR THE FISCAL YEAR 1929 BEING FOUND IN THE ACT OF MARCH 23, 1928, 45 STAT. 364, IN THE APPROPRIATION FOR THE CIVIL GOVERNMENT, PANAMA CANAL.

THE ACT OF DECEMBER 6, 1924, 43 STAT. 712, MAKING AN ADDITIONAL APPROPRIATION TO ENABLE THE HEADS OF DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS TO ADJUST RATES OF COMPENSATION OF CIVILIAN EMPLOYEES IN CERTAIN OF THE FIELD SERVICES, CONTAINED A SPECIFIC APPROPRIATION TO ADJUST THE SALARIES APPROPRIATED FOR UNDER "CIVIL GOVERNMENT, PANAMA CANAL, $79,670.' THE CHIEF OF OFFICE STATES THAT THE SALARY OF THE THE DISTRICT ATTORNEY HAS NOT BEEN ADJUSTED TO CORRESPOND TO ANY RATE FIXED BY THE CLASSIFICATION ACT OF 1923. IT IS NOTED, HOWEVER, THAT BEGINNING WITH THE BUDGET ESTIMATES FOR THE FISCAL YEAR 1927, WHICH WERE THE FIRST ESTIMATES SUBMITTED AFTER THE PASSAGE OF THE ACT OF DECEMBER 6, 1924, SUPRA, THE SALARY OF THE DISTRICT ATTORNEY IS COMPARED WITH THE SALARY RANGE OF FROM $3,800 TO $5,000, WHICH CORRESPONDS WITH THE RATES FIXED IN THE CLASSIFICATION ACT OF 1923 FOR GRADE P-4. IT WOULD APPEAR, THEREFORE, THAT THE COMPENSATION OF THE DISTRICT ATTORNEY WAS CONSIDERED AS REQUIRING NO CHANGE IN ORDER TO ADJUST IT TO THE RATES FIXED BY THE CLASSIFICATION ACT OF 1923. AS A MATTER OF FACT, HE RECEIVES IN ADDITION TO THE SALARY OF $5,000 PAID IN CASH, QUARTERS THE VALUE OF WHICH HAS BEEN FIXED AT $1,200 PER ANNUM. THEREFORE, HIS TOTAL COMPENSATION IS $6,200 PER ANNUM. SEE ESTIMATES FOR THE FISCAL YEARS 1928 AND 1929; ACT OF JANUARY 26, 1927, 44 STAT. 1052, AS TO FISCAL YEAR 1928, AND SECTION/3, ACT OF MARCH 5, 1928, 45 STAT. 193, AS TO FISCAL YEAR 1929; ALSO EXECUTIVE ORDER OF DECEMBER 3, 1921, NO. 3585. THE RATE OF $6,200 PER ANNUM IS $1,000 IN EXCESS OF THE HIGHEST RATES PRESCRIBED IN GRADE P-5 UNDER THE WELCH ACT OF MAY 28, 1928, 45 STAT. 777.

ANSWERING THE QUESTION SPECIFICALLY, I HAVE TO ADVISE THAT NO ADJUSTMENT OF THE SALARY OF THE DISTRICT ATTORNEY FOR THE CANAL ZONE WOULD APPEAR TO BE AUTHORIZED UNDER THE WELCH ACT.