A-32682, NOVEMBER 5, 1930, 10 COMP. GEN. 210

A-32682: Nov 5, 1930

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IS ESSENTIAL EVEN THOUGH THERE IS NO CHANGE IN THE GRADE OR SALARY RATE OF THE INDIVIDUAL EMPLOYEE AFFECTED. AS FOLLOWS: INCLOSED HEREWITH FOR CONVENIENT REFERENCE ARE PINK COPIES OF NOTICES OF EXCEPTIONS PREPARED BY THE AUDIT DIVISION OF YOUR OFFICE TO PAYMENTS MADE ON PAYROLLS OF THE WAR DEPARTMENT BY EDWIN M. THE ITEMS MARKED NO. 3 RELATE TO CASES IN WHICH THERE HAVE BEEN CHANGES OF ALLOCATIONS OF POSITIONS RESULTING IN THE APPOINTMENT OF THE OCCUPANTS TO HIGHER OR LOWER GRADES. THE INFORMATION CALLED FOR BY THE AUDITOR IS THEREFORE ESSENTIAL AND WILL BE FURNISHED. WHEN THERE IS A CHANGE IN THE DUTIES OF AN EMPLOYEE SUCH. THE DEPARTMENT IS REQUIRED TO REPORT THE CHANGE TO THE PERSONNEL CLASSIFICATION BOARD ON A NEW "JOB SHEET" IN ORDER THAT THE RECORDS OF THE BOARD MAY BE KEPT UP TO DATE.

A-32682, NOVEMBER 5, 1930, 10 COMP. GEN. 210

PAY ROLLS - EVIDENCE OF "NEW," "ADDITIONAL," AND "VACANT EXISTING" POSITIONS THE EVIDENCE REQUIRED ON PAY ROLLS INCIDENT TO THE FILLING OF "NEW," OR "ADDITIONAL," OR "VACANT EXISTING" POSITIONS, NECESSITATING A NEW APPOINTMENT AND OATH OF OFFICE, ETC., IS ESSENTIAL EVEN THOUGH THERE IS NO CHANGE IN THE GRADE OR SALARY RATE OF THE INDIVIDUAL EMPLOYEE AFFECTED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, NOVEMBER 5, 1930:

THERE HAS BEEN RECEIVED A LETTER DATED JULY 15, 1930, FROM THE ASSISTANT AND CHIEF CLERK OF THE WAR DEPARTMENT, AS FOLLOWS:

INCLOSED HEREWITH FOR CONVENIENT REFERENCE ARE PINK COPIES OF NOTICES OF EXCEPTIONS PREPARED BY THE AUDIT DIVISION OF YOUR OFFICE TO PAYMENTS MADE ON PAYROLLS OF THE WAR DEPARTMENT BY EDWIN M. LAWTON, DISBURSING CLERK. THE ITEMS MARKED NO. 3 RELATE TO CASES IN WHICH THERE HAVE BEEN CHANGES OF ALLOCATIONS OF POSITIONS RESULTING IN THE APPOINTMENT OF THE OCCUPANTS TO HIGHER OR LOWER GRADES, AND THE INFORMATION CALLED FOR BY THE AUDITOR IS THEREFORE ESSENTIAL AND WILL BE FURNISHED.

THE OTHER ITEMS RELATE TO CASES AFFECTED BY ACTIONS OF THE PERSONNEL CLASSIFICATION BOARD WHICH DID NOT RESULT IN ANY CHANGE IN GRADE OR SALARY. WHEN THERE IS A CHANGE IN THE DUTIES OF AN EMPLOYEE SUCH, FOR INSTANCE, AS THE REASSIGNMENT OF A GRADE 3 STENOGRAPHER FROM ONE DIVISION TO ANOTHER IN A BUREAU ALTHOUGH THE JOB REMAINS THAT OF A GRADE 3 STENOGRAPHER, THE DEPARTMENT IS REQUIRED TO REPORT THE CHANGE TO THE PERSONNEL CLASSIFICATION BOARD ON A NEW "JOB SHEET" IN ORDER THAT THE RECORDS OF THE BOARD MAY BE KEPT UP TO DATE. IT IS THE CUSTOM OF THE BOARD IN SUCH A CASE TO GO THROUGH THE PROCESS OF REALLOCATING THE POSITION FROM GRADE 3 TO GRADE 3, APPARENTLY AS THE SIMPLEST WAY OF MAKING OF RECORD THE CHANGE IN DUTY. AS THERE IS NO CHANGE IN THE STATUS OF THE EMPLOYEE THE DEPARTMENT HAS NOT UNDERSTOOD THAT IT IS NECESSARY IN SUCH A CASE TO ISSUE A WRITTEN ORDER CREATING A NEW POSITION OR TO GIVE THE EMPLOYEE A NEW "APPOINTMENT" OR TO ADMINISTER TO HIM AN OATH OF OFFICE. IN SUCH A LARGE DEPARTMENT WITH ITS DIVERSITY AND VARYING QUANTITY OF DUTIES OF GOOD ADMINISTRATION MAKES NECESSARY FREQUENT, ALMOST CONSTANT, SLIGHT CHANGES IN THE DUTIES OR LOCATIONS WITHIN A BUREAU OF EMPLOYEES, WHICH DO NOT CHANGE THEIR GRADES OR THE CLASS OF WORK THEY ARE DOING. THE APPROPRIATIONS OF THE DEPARTMENT ARE ALREADY SEVERELY TAXED WITH ITS NECESSARY WORK IN HANDLING THE RECORDS AND PAYROLLS OF EMPLOYEES, AND THE PAPER WORK WHICH WOULD BE REQUIRED TO ORDER THE CREATION OF NEW POSITIONS, MAKE NEW APPOINTMENTS THERETO AND ADMINISTER OATHS OF OFFICE BECAUSE OF EACH SUCH SLIGHT CHANGE IN DUTIES OR ASSIGNMENT WILL BE VERY BURDENSOME. THE DEPARTMENT REQUESTS THAT INSTRUCTIONS BE GIVEN IF PRACTICABLE DISPENSING WITH THE REQUIREMENT FOR ADDITIONAL INFORMATION CALLED FOR BY THESE NOTICES OF EXCEPTION IN ALL CASES EXCEPT THOSE IN WHICH THERE IS A CHANGE IN GRADE OR SALARY OR THE EMPLOYEE IS TRANSFERRED FROM ONE APPROPRIATION UNIT TO ANOTHER.

THE ITEMS IN QUESTION HAVE BEEN DIVIDED INTO FOUR GROUPS BY THE ASSISTANT AND CHIEF CLERK, ACCORDING TO NOTATIONS ON THE PAY ROLLS, AS (1) "DUTIES CHANGED ( (, ADDITIONAL POSITION, DUTIES IDENTICAL * * *; " (2) "DUTIES CHANGED ( (, VICE * * *; " (3) "SUB.PROF.GR. 4, $1,860 TO GR. 6, $2,000, 2/1/30, REALL.RECD. 2/14/30; " (4) "CAF-3 $1,740 TO GR. 3, $1,740, $1,740 ALCN.RECD. 2/14/30, DUTIES CHGD. 2/14/30.'

THE FOUR CLASSES OF CASES REPRESENTED BY THESE NOTATIONS ON THE PAY ROLLS, INVOLVE (1) THE CREATION ADMINISTRATIVELY OF ADDITIONAL POSITIONS IN THE SAME GRADE AND THE APPOINTMENT, TRANSFER, PROMOTION, OR DEMOTION OF EMPLOYEES THERETO; (2) THE APPOINTMENT OR TRANSFER OF EMPLOYEES FROM EXISTING POSITIONS TO OTHER VACANT EXISTING POSITIONS IN THE SAME GRADE AND UNDER THE SAME BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT; (3) THE REALLOCATION OF EXISTING POSITIONS TO DIFFERENT GRADES, OR THE CREATION ADMINISTRATIVELY OF NEW OR ADDITIONAL POSITIONS IN A DIFFERENT GRADE, AND THE APPOINTMENT, TRANSFER, PROMOTION OR DEMOTION OF EMPLOYEES THERETO; AND (4) THE CREATION ADMINISTRATIVELY OF NEW POSITIONS IN THE SAME GRADE AND THE APPOINTMENT OR TRANSFER OF EMPLOYEES THERETO.

CREDIT FOR ITEMS INVOLVED IN GROUP (1) WAS SUSPENDED FOR "DATE OF CREATION AND PLACEMENT OF POSITION IN GRADE BY ADMINISTRATIVE OFFICE, DATE OF APPOINTMENT, OFFICIAL TITLE OF APPOINTING OFFICER, AND DATE OF OATH.' CREDIT FOR ITEMS INVOLVED IN GROUPS (2), (3), AND (4) WERE SUSPENDED FOR "DATE OF APPOINTMENT, OFFICIAL TITLE OF APPOINTING OFFICER, AND DATE OF OATH," REFERENCE BEING MADE TO 9 COMP. GEN. 261.

ONLY AS TO THOSE EMPLOYEES IN GROUP 3 IS THERE A CHANGE OF GRADE AND SALARY RATE, AND AS TO THESE EMPLOYEES ONLY IS IT CONCEDED BY THE ASSISTANT AND CHIEF CLERK THAT THIS OFFICE SHOULD REQUIRE EVIDENCE ON THE PAY ROLLS OF CHANGE IN PERSONNEL. WITH REGARD TO GROUPS (1), (2), AND (4), IT IS CONTENDED THAT THE ITEMS RELATE TO CASES AFFECTED BY ACTIONS OF THE PERSONNEL CLASSIFICATION BOARD, WHICH DID NOT RESULT IN ANY CHANGE IN GRADE OR SALARY AND THAT "AS THERE IS NO CHANGE IN THE STATUS OF THE EMPLOYEE, THE DEPARTMENT HAS NOT UNDERSTOOD THAT IT IS NECESSARY IN SUCH A CASE TO ISSUE A WRITTEN ORDER CREATING A NEW POSITION OR TO GIVE THE EMPLOYEE A NEW ,APPOINTMENT" OR TO ADMINISTER TO HIM AN OATH OF OFFICE.'

IN 5 COMP. GEN. 202 AND 9 COMP. GEN. 101, AS DISTINGUISHED BY THE DECISION OF OCTOBER 7, 1929, A-28926, THE TERMS "NEW" POSITION AND "ADDITIONAL" POSITION WERE DEFINED, AND IN 9 COMP. GEN. 261, THERE WAS CONSIDERED THE EVIDENCE REQUIRED TO BE PLACED ON PAY ROLLS FOR "NEW" AND "ADDITIONAL" POSITIONS AND IT WAS THERE HELD:

IF A POSITION IS "NEW" THERE SHOULD APPEAR IN THE REMARKS COLUMN OF THE PAY ROLL SUFFICIENT INFORMATION TO SHOW THE ACTION OF THE PERSONNEL CLASSIFICATION BOARD ON THE ALLOCATION AND THE DATE NOTICE THEREOF WAS RECEIVED IN THE ADMINISTRATIVE OFFICE; ALSO THE DATE OF APPOINTMENT, OFFICIAL TITLE OF THE APPOINTING OFFICER, DATE OF ENTRANCE ON DUTY, AND DATE OF OATH. IF THE POSITION IS "ADDITIONAL" THERE SHOULD APPEAR IN THE REMARKS COLUMN OF THE PAY ROLL SUFFICIENT INFORMATION TO SHOW (1) THE DATE OF CREATION AND PLACEMENT IN A PARTICULAR GRADE AND CLASS BY THE ADMINISTRATIVE OFFICE, AND (2) REFERENCE TO THE POSITION, BY NAME OF THE INCUMBENT, HAVING IDENTICAL DUTIES AND RESPONSIBILITIES PREVIOUSLY ALLOCATED BY THE PERSONNEL CLASSIFICATION BOARD IN THE SAME GRADE AND CLASS AND UNDER THE SAME BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT; ALSO DATE OF APPOINTMENT, OFFICIAL TITLE OF THE APPOINTING OFFICER, DATE OF ENTRANCE ON DUTY, AND DATE OF OATH.

THE PRIMARY QUESTION INVOLVED IS WHETHER THIS EVIDENCE SHOULD BE REQUIRED WHEN THE NEW OR ADDITIONAL POSITIONS ADMINISTRATIVELY CREATED ARE IN THE SAME GRADE OCCUPIED BY THE EMPLOYEE PRIOR TO ENTERING THE NEW OR ADDITIONAL POSITION. IN DECISION OF JUNE 26, 1924, 3 COMP. GEN. 1001, 1004, ALMOST THE FIRST DECISION RENDERED UNDER THE CLASSIFICATION ACT OF 1923, IT WAS HELD AS FOLLOWS:

* * * THE "GRADE" IS TO BE CONSIDERED AS THE "POSITION," APPOINTMENT TO WHICH REQUIRES AN OATH OF OFFICE. CHANGES OF RATES OF COMPENSATION WITHIN A GRADE, IF THERE IS NO CHANGE OF EMPLOYMENT, ARE NOT CHANGES OF POSITIONS REQUIRING AN OATH. ON OR SUBSEQUENT TO JULY 1, 1924, WHEN NOT A MATTER OF ALLOCATION, AN OATH WILL BE REQUIRED UPON CHANGE OF GRADE AND UPON CHANGE OF EMPLOYMENT, SAME OR DIFFERENT GRADE.

THEREFORE, IF THE DUTIES OF AN EMPLOYEE ARE SO MATERIALLY CHANGED AS TO CONSTITUTE A CHANGE OF EMPLOYMENT, THAT IS, SUFFICIENT TO CONSTITUTE A DIFFERENT POSITION FROM THE ONE PREVIOUSLY OCCUPIED, WHETHER IT IS A VACANT EXISTING POSITION, A "NEW" POSITION REQUIRING THE ORIGINAL ALLOCATION OF THE PERSONNEL CLASSIFICATION BOARD, OR AN "ADDITIONAL" POSITION HAVING DUTIES IDENTICAL WITH OTHER EXISTING POSITIONS IN THE SAME GRADE, NOT REQUIRING THE ACTION OF THE PERSONNEL CLASSIFICATION BOARD, AND WHETHER IN THE SAME OR DIFFERENT GRADE, A NEW APPOINTMENT AND OATH OF OFFICE IS REQUIRED, AND THIS OFFICE MUST BE FURNISHED ON THE PAY ROLLS WITH SUCH EVIDENCE AS WILL SHOW EXACTLY THE CHANGE IN PERSONNEL STATUS, TO AUTHORIZE ALLOWANCE OF CREDIT IN THE AUDIT OF SALARY PAYMENTS.

IF THERE ARE ONLY "SLIGHT CHANGES IN THE DUTIES OR LOCATIONS WITHIN A BUREAU OF EMPLOYEES, WHICH DO NOT CHANGE THEIR GRADES OR CLASS OF WORK THEY ARE DOING," AS INDICATED IN YOUR SUBMISSION, THE PAY ROLLS SHOULD NOT INDICATE ANY CHANGE IN THE STATUS OF THE PERSONNEL INVOLVED. HOWEVER, IF THE CHANGES ARE SUCH AS TO REQUIRE REPORTING TO THE PERSONNEL CLASSIFICATION BOARD, EITHER FOR RECORD PURPOSES OR ACTION, IT WOULD SEEM THAT THERE HAS BEEN SUCH A CHANGE OF DUTIES AS TO INVOLVE A CHANGE OF EMPLOYMENT OR POSITION REQUIRING PAY-ROLL NOTATIONS, WHETHER IN THE SAME OR DIFFERENT GRADE.

IN THIS INSTANCE, THE SUSPENSIONS WERE PROPER BUT CREDIT WILL BE ALLOWED FOR THE ITEMS IF AND WHEN THE EVIDENCE AS TO CLASS 3 IS FURNISHED BUT HEREAFTER THE EVIDENCE OR NOTATION ON THE PAY ROLLS FROM THE WAR DEPARTMENT SHOULD BE FURNISHED IN ALL CASES WHERE REQUIRED UNDER THIS DECISION AND THE PRIOR DECISIONS HEREIN CITED.