A-24910, NOVEMBER 10, 1928, 8 COMP. GEN. 251

A-24910: Nov 10, 1928

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1928: THERE IS FOR CONSIDERATION IN THE AUDIT OF PAY ROLLS. S. WOODS AND WILLIAM DRISCOLL ARE PROPERLY TO BE CONSIDERED CHANGES AUTHORIZED OR REQUIRED BY THE ACT OF MAY 28. THE QUESTION HERE ARISING IS OF IMPORTANCE IN DETERMINING WHETHER THE FULL AMOUNT OF THE NET INCREASE RESULTING FROM THE TWO CHANGES IN QUESTION MAY PROPERLY BE INCLUDED IN THE AMOUNT TO BE SUBMITTED TO THE CONGRESS FOR A DEFICIENCY APPROPRIATION PURSUANT TO THE PROVISIONS OF THE WELCH ACT. S. WOODS IS CHANGED ON JULY 1. WILLIAM DRISCOLL IS CHANGED ON JULY 1. S. WOODS IS PROMOTED FROM SPECIAL ZONE DEPUTY. WILLIAM DRISCOLL IS DEMOTED FROM ASSISTANT CHIEF. SUCH CHANGES IN THE POSITIONS OF THE TWO EMPLOYEES ARE NOT AUTHORIZED OR REQUIRED BY THE WELCH ACT.

A-24910, NOVEMBER 10, 1928, 8 COMP. GEN. 251

CLASSIFICATION OF CIVILIAN EMPLOYEES - APPLICATION OF ACT OF MAY 28, 1928 - FIELD SERVICE THERE MAY NOT BE INCLUDED IN THE AMOUNT TO BE SUBMITTED TO THE CONGRESS FOR A DEFICIENCY APPROPRIATION THE NET AMOUNT OF INCREASES IN COMPENSATION RESULTING FROM ADMINISTRATIVE ADJUSTMENTS OF POSITIONS OR EMPLOYEES IN THE FIELD SERVICE MADE INDEPENDENTLY OF THE REQUIREMENTS OR AUTHORIZATIONS OF THE ACT OF MAY 28, 1928, 45 STAT. 776.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, NOVEMBER 10, 1928:

THERE IS FOR CONSIDERATION IN THE AUDIT OF PAY ROLLS, OFFICE OF THE COLLECTOR OF INTERNAL REVENUE, PITTSBURGH, PA., JULY 1 TO 15, 1928, WHETHER THE CHANGES IN STATUS EFFECTIVE JULY 1, 1928, OF M. S. WOODS AND WILLIAM DRISCOLL ARE PROPERLY TO BE CONSIDERED CHANGES AUTHORIZED OR REQUIRED BY THE ACT OF MAY 28, 1928, KNOWN AS THE WELCH ACT, AS NOTED ON THE PAY ROLLS.

THIS OFFICE DOES NOT QUESTION THE AUTHORITY OF THE ADMINISTRATIVE OFFICE TO MAKE ADJUSTMENTS IN PERSONNEL IN THE FIELD SERVICE WITHIN AVAILABLE APPROPRIATIONS INDEPENDENTLY OF THE WELCH ACT, BUT THE QUESTION HERE ARISING IS OF IMPORTANCE IN DETERMINING WHETHER THE FULL AMOUNT OF THE NET INCREASE RESULTING FROM THE TWO CHANGES IN QUESTION MAY PROPERLY BE INCLUDED IN THE AMOUNT TO BE SUBMITTED TO THE CONGRESS FOR A DEFICIENCY APPROPRIATION PURSUANT TO THE PROVISIONS OF THE WELCH ACT.

REFERRING TO THE PAY ROLL NO. 7, M. S. WOODS IS CHANGED ON JULY 1, 1928, AS SHOWN BY THE NOTATION,"GRADE 6 TO 9, $2,400 TO $3,200, ACT OF MAY 28, 1928," AND NO. 12, WILLIAM DRISCOLL IS CHANGED ON JULY 1, 1928, AS SHOWN BY THE NOTATION,"GRADE 9 TO 6, $3,200 TO $2,800, ACT OF MAY 28, 1928.' REFERRING TO THE NOTATIONS ON SHEET 4 OF THE ROLL, IT APPEARS THAT M. S. WOODS IS PROMOTED FROM SPECIAL ZONE DEPUTY, CAF-6 AT $2,400, TO ASSISTANT CHIEF, FIELD DEPUTY, CAF-9, AT $3,200, AND WILLIAM DRISCOLL IS DEMOTED FROM ASSISTANT CHIEF, FIELD DEPUTY, CAF-9, AT $3,200, TO SPECIAL ZONE DEPUTY, CAF-6, AT $2,800.

SUCH CHANGES IN THE POSITIONS OF THE TWO EMPLOYEES ARE NOT AUTHORIZED OR REQUIRED BY THE WELCH ACT, BUT ARE MATTERS FOR CONSIDERATION AND ACTION BY THE ADMINISTRATIVE OFFICE INDEPENDENTLY OF THE WELCH ACT. FOR INSTANCE, IF THE DEMOTION OF WILLIAM DRISCOLL WERE AUTHORIZED OR REQUIRED SOLELY BY REASON OF THE WELCH ACT, HE WOULD BE SAVED FROM LOSS OF SALARY UNDER SECTION 1 OF THE ACT. SEE DECISION OF SEPTEMBER 29, 1928, A-24418, 8 COMP. GEN. 154, ADDRESSED TO THE DIRECTOR OF THE VETERANS' BUREAU RELATIVE TO THE FIELD SERVICE. THE NET INCREASE IN EXPENDITURE FROM PUBLIC FUNDS AS A RESULT OF THE TWO CHANGES IN PERSONNEL IS $400.

THE WELCH ACT ADJUSTMENTS WERE TO BE BASED ON THE GRADE AND SALARY RATE HELD JUNE 30, 1928. DECISION OF JUNE 25, 1928, 7 COMP. GEN. 808, 809. THERE HAD BEEN NO SHIFTING OF POSITIONS, THE WELCH ACT INCREASE WOULD HAVE BEEN ONLY $300 FOR THE TWO POSITIONS, FROM $2,400 TO $2,500 FOR THE POSITION IN GRADE CAF-6 AND FROM $3,000 TO $3,200 FOR THE POSITION IN GRADE CAF-9.

YOU ARE ADVISED, THEREFORE, THAT ONLY $300 SHOULD BE INCLUDED IN THE DEFICIENCY TO BE SUBMITTED TO THE CONGRESS UNDER THE WELCH ACT FOR THESE TWO POSITIONS, AND THERE WILL BE DISALLOWED IN THE ACCOUNTS THE SUM OF $100 IN THE ABSENCE OF AN ADMINISTRATIVE CERTIFICATE THAT THERE ARE SUFFICIENT AVAILABLE FUNDS UNDER THE CURRENT APPROPRIATION TO COVER THE ADDITIONAL $100 INCREASE.