A-26559, APRIL 4, 1929, 8 COMP. GEN. 522

A-26559: Apr 4, 1929

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OR WHETHER THERE IS ANY NAME AT THE TOP THEREOF. OR PROMOTIONS TO THAT POSITION WHEN IT BECOMES VACANT IS A MATTER EXCLUSIVELY WITHIN THE JURISDICTION OF THE ADMINISTRATIVE OFFICE AND THE CIVIL SERVICE COMMISSION. L. MONARCH WAS TRANSFERRED FROM GRADE P-4 (NO. 107) TO THE POSITION REFERRED TO IN THE PRECEDING PARAGRAPH (P-5. CAR LOSS WAS TRANSFERRED FROM THE GRADE 3 POSITION IN MRS. SHEETS SHOWING THE TRANSFER WERE SENT TO THE PERSONNEL CLASSIFICATION BOARD IN ACCORDANCE WITH THE GENERAL ROUTINE. SECRETARY OF THE PERSONNEL CLASSIFICATION BOARD: "FOR THE POSITION DESCRIBED THE PERSONNEL CLASSIFICATION BOARD HAS APPROVED THE FOLLOWING ALLOCATION: TABLE SERVICE GRADE REFERENCE SYMBOL " P 4 THE POSITION IS IDENTIFIED IN THE PERSONNEL CLASSIFICATION BOARD'S FILES AS "P.C.B.

A-26559, APRIL 4, 1929, 8 COMP. GEN. 522

CLASSIFICATION OF CIVILIAN EMPLOYEES - FILLING OF VACANT POSITIONS AFTER A POSITION HAS ONCE BEEN ALLOCATED BY THE PERSONNEL CLASSIFICATION BOARD BASED ON THE DESCRIBED DUTIES IN THE CLASSIFICATION SHEET, REGARDLESS OF THE NAME, AT THE TOP THEREOF, OR WHETHER THERE IS ANY NAME AT THE TOP THEREOF, APPOINTMENTS, TRANSFERS, OR PROMOTIONS TO THAT POSITION WHEN IT BECOMES VACANT IS A MATTER EXCLUSIVELY WITHIN THE JURISDICTION OF THE ADMINISTRATIVE OFFICE AND THE CIVIL SERVICE COMMISSION, AND NEED NOT BE REPORTED TO THE PERSONNEL CLASSIFICATION BOARD AS A MATTER OF STATUTORY REQUIREMENT OR AS NECESSARY TO MAKE THE APPOINTMENT, TRANSFER, OR PROMOTION EFFECTIVE, AND IF NEVERTHELESS REPORTED, SHOULD BE CONSIDERED MERELY AS ADVISING THE BOARD RELATIVE TO THE STATUS OF THE POSITION AND NOT AS REQUIRING OR JUSTIFYING ANY REALLOCATION.

COMPTROLLER GENERAL MCCARL TO R. D. ALLISON, DISBURSING CLERK, DEPARTMENT OF JUSTICE, APRIL 4, 1929:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF MARCH 21, 1929, AS FOLLOWS:

ON JUNE 18, 1928, THE PERSONNEL CLASSIFICATION BOARD APPROVED IN BLANK THE ALLOCATION TO GRADE P-5 (NO. 119) OF A POSITION IN ASSISTANT ATTORNEY GENERAL WILLEBRANDT'S DIVISION.

ON JUNE 28, 1928, J. L. MONARCH WAS TRANSFERRED FROM GRADE P-4 (NO. 107) TO THE POSITION REFERRED TO IN THE PRECEDING PARAGRAPH (P-5, NO. 119). THIS LEFT MR. MONARCH'S OLD POSITION (P-4, NO. 107) A VACANCY. ON JULY 1, 1928, MR. MONARCH'S OLD POSITION (P-4, NO. 107), ALONG WITH ALL OTHER P-4 POSITIONS, BECAME AUTOMATICALLY UNDER THE RULING OF THE COMPTROLLER GENERAL A P-5 POSITION. THUS, UNDER THE OPERATION OF THE WELCH ACT, THE P -4 VACANCY THERETOFORE EXISTING IN ASSISTANT ATTORNEY GENERAL WILLEBRANDT'S DIVISION BECAME A P-5 VACANCY.

MISS HELEN R. CAR LOSS WAS TRANSFERRED FROM THE GRADE 3 POSITION IN MRS. WILLEBRANDT'S DIVISION TO THE GRADE P-5 VACANCY ABOVE REFERRED TO; AND SHEETS SHOWING THE TRANSFER WERE SENT TO THE PERSONNEL CLASSIFICATION BOARD IN ACCORDANCE WITH THE GENERAL ROUTINE.

UNDER DATE OF MARCH 15, 1929, THE PERSONNEL CLASSIFICATION BOARD RETURNED THE JOB-CLASSIFICATION SHEET COVERING THE POSITION NOW HELD BY MISS CAR LOSS WITH THE FOLLOWING NOTATION THEREON, SIGNED BY PAUL N. PECK, SECRETARY OF THE PERSONNEL CLASSIFICATION BOARD:

"FOR THE POSITION DESCRIBED THE PERSONNEL CLASSIFICATION BOARD HAS APPROVED THE FOLLOWING ALLOCATION:

TABLE

SERVICE GRADE REFERENCE SYMBOL "

P 4

THE POSITION IS IDENTIFIED IN THE PERSONNEL CLASSIFICATION BOARD'S FILES AS "P.C.B. NO. -125.'

THE TRANSMITTAL TO THE PERSONNEL CLASSIFICATION BOARD OF JOB CLASSIFICATION SHEETS SHOWING THE ASSIGNMENT OF MISS CAR LOSS TO THE GRADE P 5 VACANCY WAS NOT DONE WITH THE IDEA OR FOR THE PURPOSE OF SECURING THE APPROVAL OF THE BOARD--- FOR THAT IS NOT DEEMED NECESSARY (4 COMP. GEN. 957/--- BUT IN ACCORDANCE WITH A ROUTINE PRACTICE WHICH BECAME ESTABLISHED BEFORE IT WAS DECIDED THAT THE DEPARTMENT COULD PROCEED IN SUCH A CASE AS THE ONE UNDER CONSIDERATION WITHOUT SUBMITTING IT FOR THE APPROVAL OF THE BOARD. * * *

THIS DEPARTMENT HAS MADE NO ATTEMPT AT ANY TIME TO CHANGE THE GRADE OF THE POSITION UNDER CONSIDERATION, OR ANY OTHER POSITION, WITHOUT THE APPROVAL OF THE PERSONNEL CLASSIFICATION BOARD. ON THE OTHER HAND THIS DEPARTMENT HAS NEVER REQUESTED OF OR RECOMMENDED TO THE PERSONNEL CLASSIFICATION BOARD THE REAL LOCATION OF THE POSITION UNDER CONSIDERATION. NOR IS THERE ANY QUESTION OF AN APPEAL BY ANY EMPLOYEE INVOLVED. THE POSITION EXISTED AS A VACANCY AND THE DEPARTMENT FILLED IT BY THE ASSIGNMENT THERETO OF MISS CAR LOSS, WHICH IT HAD THE RIGHT TO DO WITHOUT REFERENCE TO THE PERSONNEL CLASSIFICATION BOARD (4 COMP. GEN. 958, CITED AND QUOTED FROM SUPRA).

IT IS SUBMITTED THAT THE PERSONNEL CLASSIFICATION BOARD HAS NO AUTHORITY TO CHANGE THE CLASSIFICATION GRADE OF THE POSITION (P 5) TO WHICH THE ATTORNEY GENERAL HAS TRANSFERRED MISS CAR LOSS.

AM I DIRECTED TO PAY MISS CAR LOSS AT THE SALARY RATE AUTHORIZED BY THE ATTORNEY GENERAL IN GRADE P 5, OR AT A SALARY RATE IN GRADE P 4?

ON JUNE 30, 1928, THE GRADE P-4 POSITION FROM WHICH J. L. MONARCH WAS TRANSFERRED AND PROMOTED, JUNE 28, 1928, WAS IN EXISTENCE THOUGH VACANT. UNDER THE PROVISIONS OF THE ACT OF MAY 28, 1928, 45 STAT. 785, THIS VACANT POSITION WAS AUTOMATICALLY ADVANCED--- JULY 1, 1928, TO GRADE P-5. COMP. GEN. 760; 8 ID. 40, 43. IT IS UNDERSTOOD THAT MISS CAR LOSS WAS TRANSFERRED AND PROMOTED BY THE ADMINISTRATIVE OFFICE TO THIS VACANT EXISTING POSITION IN GRADE P-5 SUBSEQUENT TO JULY 1, 1928, ALTHOUGH YOU DO NOT GIVE THE EFFECTIVE DATE OF THE TRANSFER AND PROMOTION. IF SO, AND THERE WAS NO MATERIAL CHANGE IN THE DUTIES OF THE POSITION--- THAT IS TO SAY, IF THE DUTIES OF THE POSITION NOW HELD BY MISS CAR LOSS ARE PRACTICALLY IDENTICAL WITH THE DUTIES OF THE POSITION HELD BY MR. MONARCH UP TO JUNE 28, 1928--- NO PROVISION OF LAW EXISTS WHICH REQUIRED THE ADMINISTRATIVE OFFICE TO SUBMIT TO THE PERSONNEL CLASSIFICATION BOARD A NEW CLASSIFICATION SHEET REDESCRIBING THE DUTIES OF THE VACANT EXISTING POSITION INCIDENT TO THE TRANSFER AND PROMOTION THERETO OF MISS CAR LOSS. SEE 4 COMP. GEN. 958; 6 ID. 133, 134; 8 ID. 248, 249. IN THE FIRST CITED CASE, RENDERED MAY 16, 1925, DURING THE FIRST FISCAL YEAR THE ORIGINAL CLASSIFICATION ACT WAS IN OPERATION, IT WAS STATED:

* * * THE MATTER OF FILLING POSITIONS AFTER THEY HAVE BEEN ALLOCATED TO PROPER GRADES IS ONE FOR THE CONSIDERATION OF THE HEAD OF THE DEPARTMENT IN WHICH THE PERSONS INVOLVED ARE EMPLOYED AND NOT ONE FAILING UNDER THE JURISDICTION OF THE CLASSIFICATION BOARD. THAT IS TO SAY, AFTER A POSITION HAS ONCE BEEN ALLOCATED BY THE BOARD BASED ON THE DESCRIBED DUTIES IN THE CLASSIFICATION SHEET, REGARDLESS OF THE NAME AT THE TOP THEREOF, OR WHETHER THERE IS ANY NAME AT THE TOP THEREOF, APPOINTMENTS OR PROMOTIONS TO THAT POSITION WHEN IT BECOMES VACANT NEED NOT BE REPORTED TO THE PERSONNEL CLASSIFICATION BOARD AS A MATTER OF STATUTORY REQUIREMENT, OR AS NECESSARY TO MAKE THE APPOINTMENT OR PROMOTION EFFECTIVE, AND IF NEVERTHELESS REPORTED, SHOULD BE CONSIDERED MERELY AS ADVISING THE BOARD RELATIVE TO THE STATUS OF THE POSITION, AND NOT AS REQUIRING OR JUSTIFYING ANY REALLOCATION.

IN THE LAST CITED DECISION, DATED NOVEMBER 8, 1928, INVOLVING A WELCH ACT CHANGE, THERE WAS STATED, IN EFFECT, THE SAME GENERAL RULE WHICH HAD BEEN LAID DOWN BY THIS OFFICE MORE THAN THREE YEARS PREVIOUS, AS FOLLOWS:

IT IS UNDERSTOOD THAT THE BOARD HAS REQUESTED THAT NOTICES OF FILLING OF VACANCIES OR APPOINTMENTS TO VACANT POSITIONS BE FURNISHED IT. WHILE THE LAW DOES NOT PRECLUDE COMPLIANCE WITH SUCH A REQUEST, IT DOES NOT REQUIRE THAT THE ADMINISTRATIVE OFFICE, IN FURNISHING SUCH NOTICES, EXECUTE NEW CLASSIFICATION SHEETS WHERE THE VACANT POSITION TO WHICH THE APPOINTMENT IS MADE HAS PREVIOUSLY BEEN ALLOCATED.

ACCORDINGLY, AS IT APPEARS THE ACTION OF THE ADMINISTRATIVE OFFICE IN THIS CASE WAS NOTHING MORE THAN A NOTICE TO THE BOARD OF THE FILLING OF THE VACANT EXISTING POSITION IN GRADE P-5, THE ACTION OF THE PERSONNEL CLASSIFICATION BOARD IN REALLOCATING THE POSITION ON THE BASIS THEREOF TO GRADE P-4 WAS WITHOUT EFFECT TO FIX THE SALARY RATE OF THE EMPLOYEE AT A RATE IN GRADE P-4, AND THE PROPER INITIAL SALARY RATE OF MISS CAR LOSS, FROM THE EFFECTIVE DATE OF THE ADMINISTRATIVE TRANSFER AND PROMOTION, WAS AT THE MINIMUM SALARY RATE OF GRADE P-5, VIZ, $4,600 PER ANNUM, AND THEREAFTER AT A SALARY RATE IN GRADE P-5 FIXED BY THE ADMINISTRATIVE OFFICE WITHIN THE LIMITATIONS PRESCRIBED BY STATUTE. SEE GENERALLY, IN ADDITION TO THE ABOVE CITED CASES, 8 COMP. GEN. 296; ID. 301; AND DECISION DATED MARCH 19, 1929, A-25801, 8 ID. 496.