A-33014, AUGUST 25, 1930, 10 COMP. GEN. 87

A-33014: Aug 25, 1930

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WHOSE INITIAL SALARY RATES WERE FIXED EFFECTIVE JULY 1. ARE NOT ENTITLED TO AN ANNUAL OR LONGEVITY INCREASE OF $100. THE SUCCESSIVE ANNUAL OR LONGEVITY INCREASES WILL BE EFFECTIVE ON JULY 1 OF EACH YEAR WITHIN THE MAXIMUM AUTHORIZED BY THE STATUTE. WILL DATE FROM THE COMPLETION OF EACH YEAR OF SERVICE WITHIN THE MAXIMUM AUTHORIZED BY THE STATUTE. THE FOLLOWING QUESTIONS HAVE ARISEN AND ARE SUBMITTED FOR YOUR DECISION. 1. UNDER SECTION 3 OF SAID ACT PRIVATES WHO HAVE SERVED LESS THAN ONE YEAR ARE ENTITLED TO A SALARY AT THE RATE OF $1. PRIVATES WHO HAVE SERVED MORE THAN ONE YEAR AND LESS THAN TWO YEARS. MAST WAS ORIGINALLY APPOINTED JULY 9. WAS PROMOTED TO $2. 100 THE RATE ESTABLISHED FOR PRIVATES WHO HAVE SERVED MORE THAN TWO YEARS AND LESS THAN THREE YEARS.

A-33014, AUGUST 25, 1930, 10 COMP. GEN. 87

COMPENSATION - UNITED STATES PARK POLICE PRIVATES IN THE UNITED STATES PARK POLICE, ASSIMILATED FOR PAY PURPOSES TO THE PRIVATES IN THE METROPOLITAN POLICE FORCE OF THE DISTRICT OF COLUMBIA, WHOSE INITIAL SALARY RATES WERE FIXED EFFECTIVE JULY 1, 1930, UNDER THE TERMS OF SECTION 3 OF THE ACT OF JULY 1, 1930, 46 STAT. 840, ARE NOT ENTITLED TO AN ANNUAL OR LONGEVITY INCREASE OF $100, UNDER THE TERMS OF SECTION 1 OF SAID STATUTE, UNTIL JULY 1, 1930, AND THE SUCCESSIVE ANNUAL OR LONGEVITY INCREASES WILL BE EFFECTIVE ON JULY 1 OF EACH YEAR WITHIN THE MAXIMUM AUTHORIZED BY THE STATUTE. EACH ANNUAL OR LONGEVITY INCREASE IN COMPENSATION OF PRIVATES ENTERING THE SERVICE AFTER JULY 1, 1930, WILL DATE FROM THE COMPLETION OF EACH YEAR OF SERVICE WITHIN THE MAXIMUM AUTHORIZED BY THE STATUTE.

COMPTROLLER GENERAL MCCARL TO THE DIRECTOR, PUBLIC BUILDINGS AND PUBLIC PARKS OF THE NATIONAL CAPITAL, AUGUST 25, 1930:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF AUGUST 12, 1930, AS FOLLOWS:

IN CONNECTION WITH THE FIXING OF SALARIES OF UNITED STATES PARK POLICEMEN IN ACCORDANCE WITH THE ACT ENTITLED "AN ACT TO FIX THE SALARIES OF OFFICERS AND MEMBERS OF THE METROPOLITAN POLICE FORCE AND THE FIRE DEPARTMENT OF THE DISTRICT OF COLUMBIA," APPROVED JULY 1, 1930, THE FOLLOWING QUESTIONS HAVE ARISEN AND ARE SUBMITTED FOR YOUR DECISION.

1. UNDER SECTION 3 OF SAID ACT PRIVATES WHO HAVE SERVED LESS THAN ONE YEAR ARE ENTITLED TO A SALARY AT THE RATE OF $1,900 PER ANNUM; PRIVATES WHO HAVE SERVED MORE THAN ONE YEAR AND LESS THAN TWO YEARS, AT THE RATE OF $2,000 PER ANNUM, ETC. TAKING A SPECIFIC CASE, PRIVATE EMMETT S. MAST WAS ORIGINALLY APPOINTED JULY 9, 1927, AND ON JULY 1, 1930, WAS PROMOTED TO $2,100 THE RATE ESTABLISHED FOR PRIVATES WHO HAVE SERVED MORE THAN TWO YEARS AND LESS THAN THREE YEARS. ON JULY 8, 1930, HE HAD COMPLETED THREE YEARS OF SERVICE, AND ACCORDING TO SECTION 3 OF THE ACT WAS PROMOTED TO $2,200 PER ANNUM EFFECTIVE JULY 9, 1930). SOME DOUBT HAS ARISEN AS TO THE PROPRIETY OF THE LAST PROMOTION IN VIEW OF THE STATEMENT IN SECTION 1 OF THE ACT * * * PRIVATES, A BASIC SALARY OF $1,000 PER YEAR, WITH AN ANNUAL INCREASE OF $100 IN SALARY FOR FIVE YEARS, OR UNTIL A MAXIMUM SALARY OF $2,400 IS REACHED. * * *

(A) IS HE ENTITLED TO THE ANNUAL INCREASE OF $100 IN SALARY, BEGINNING JULY 9, 1930?

(B) IF NOT, WHEN WILL HE BE ENTITLED TO IT?

2. UNDER THE PROVISO OF SECTION 3, PRIVATES IN CLASS THREE ON THE EFFECTIVE DATE OF THE ACT (JULY 1, 1930) WHO HAVE SERVED LESS THAN SIX YEARS ARE ENTITLED TO AN ANNUAL SALARY OF $2,200; PRIVATE WHO HAVE SERVED SIX YEARS AND LESS THAN SEVEN ARE ENTITLED TO AN ANNUAL SALARY OF $2,300, ETC. TAKING A SPECIFIC CASE, PRIVATE EMMETT E. SAAR WAS ORIGINALLY APPOINTED ON DECEMBER 10, 1924, WAS IN CLASS THREE ON JULY 1, 1930, AND ON JULY 1, 1930, WAS PROMOTED TO $2,200, THE RATE ESTABLISHED FOR PRIVATES WHO HAVE SERVED LESS THAN SIX YEARS, AND IN CLASS THREE ON THE EFFECTIVE DATE OF THE ACT.

(A) WILL HE BE ENTITLED TO THE ANNUAL SALARY OF $2,300, BEGINNING DECEMBER 10, 1930?

(B) IF NOT, EFFECTIVE WHAT DATE WILL HE BE ENTITLED TO $2,300?

(C)$2,400?

THE SALARIES OF THE UNITED STATES PARK POLICE WERE ASSIMILATED TO THOSE OF THE METROPOLITAN POLICE FORCE OF THE DISTRICT OF COLUMBIA BY THE ACT OF APRIL 13, 1928, 45 STAT. 429.

SECTIONS 1 AND 3 OF THE ACT OF JULY 1, 1930, 46 STAT. 839, 840, PROVIDE IN PART AS FOLLOWS:

THAT THE ANNUAL BASIC SALARIES OF THE OFFICERS AND MEMBERS OF THE METROPOLITAN POLICE FORCE SHALL BE AS FOLLOWS: * * * PRIVATES, A BASIC SALARY OF $1,900 PER YEAR, WITH AN ANNUAL INCREASE OF $100 IN SALARY FOR FIVE YEARS, OR UNTIL A MAXIMUM SALARY OF $2,400 IS REACHED. ALL ORIGINAL APPOINTMENTS OF PRIVATES SHALL BE MADE AT THE BASIC SALARY OF OF $1,900 PER YEAR, AND THE FIRST YEAR OF SERVICE SHALL BE PROBATIONARY.

SEC. 3. THAT PRIVATES OF THE METROPOLITAN POLICE FORCE AND OF THE FIRE DEPARTMENT SHALL BE ENTITLED TO THE FOLLOWING SALARIES: PRIVATES WHO HAVE SERVED LESS THAN ONE YEAR, AT THE RATE OF $1,900 PER ANNUM; PRIVATES WHO HAVE SERVED MORE THAN ONE YEAR AND LESS THAN TWO YEARS, AT THE RATE OF $2,000 PER ANNUM; PRIVATES WHO HAVE SERVED MORE THAN TWO YEARS AND LESS THAN THREE YEARS, AT THE RATE OF $2,100 PER ANNUM; PRIVATES WHO HAVE SERVED MORE THAN THREE YEARS AND LESS THAN FOUR YEARS, AT THE RATE OF $2,200 PER ANNUM; PRIVATES WHO HAVE SERVED MORE THAN FOUR YEARS AND LESS THAN FIVE YEARS, AT THE RATE OF $2,300 PER ANNUM; PRIVATES WHO HAVE SERVED MORE THAN FIVE YEARS, AT THE RATE OF $2,400 PER ANNUM:PROVIDED, THAT PRIVATES IN CLASS THREE ON THE EFFECTIVE DATE OF THIS ACT WHO HAVE SERVED LESS THAN SIX YEARS SHALL BE ENTITLED TO AN ANNUAL SALARY OF $2,200; PRIVATES WHO HAVE SERVED SIX YEARS AND LESS THAN SEVEN YEARS SHALL BE ENTITLED TO AN ANNUAL SALARY OF $2,300; AND PRIVATES WHO HAVE SERVED SEVEN YEARS OR MORE SHALL BE ENTITLED TO AN ANNUAL SALARY OF $2,400.

THE ACT OF DECEMBER 5, 1919, 41 STAT. 363, AMENDING EARLIER STATUTES, ESTABLISHED THREE CLASSES OF PRIVATES IN THE METROPOLITAN POLICE FORCE OF THE DISTRICT OF COLUMBIA, AS FOLLOWS:

* * * PROVIDED FURTHER, THAT PRIVATES OF CLASS 1, IF FOUND EFFICIENT, SHALL SERVE ONE YEAR ON PROBATION, PRIVATES OF CLASS 2 SHALL SERVE TWO YEARS SUBSEQUENT TO SERVICE IN CLASS 1, AND PRIVATES OF CLASS 3 SHALL INCLUDE ALL THOSE PRIVATES WHO HAVE SERVED EFFICIENTLY THREE OR MORE YEARS.

THE ACT OF MAY 27, 1924, 43 STAT. 174, FIXED THE SALARY RATES OF CLASS 1 AT $1,800, CLASS 2 AT $1,900, AND CLASS 3 AT $2,100.

THE ACT OF JULY 1, 1930, SUPRA, SUPERSEDES THE EARLIER STATUTES BOTH AS TO THE SALARY RATES AND AS TO THE BASIS FOR LONGEVITY INCREASES. SECTION 1 FIXES THE BASIC SALARIES AND, AS TO PRIVATES, PROVIDES FOR AN ANNUAL INCREASE OF $100 FOR FIVE YEARS. SECTION 3 FIXES THE INITIAL SALARY RATES FOR ALL PRIVATES WHO SERVED PRIOR TO JULY 1, 1930, AND WERE IN THE SERVICE ON THAT DATE. THIS SECTION DOES NOT FORM THE BASIS FOR FUTURE ANNUAL OR LONGEVITY INCREASES IN SALARY RATES, BUT IS LIMITED EXCLUSIVELY TO FIXING THE INITIAL SALARY RATES EFFECTIVE JULY 1, 1930.

THERE IS AN APPARENT CONFLICT BETWEEN THE FIRST PART OF SECTION 3 AND THE PROVISO WHICH HAS ADDED BY AN AMENDMENT TO THE ORIGINAL BILL AS INTRODUCED. FOR INSTANCE, UNDER THE FIRST PART OF THE SECTION, A CLASS 3 PRIVATE WHO, ON JULY 1, 1930, HAD SERVED MORE THAN FOUR YEARS AND LESS THAN FIVE, COULD HAVE BEEN GIVEN AN INITIAL SALARY RATE OF $2,300 PER ANNUM HAD THE PROVISO NOT LIMITED ALL CLASS 3 PRIVATES WHO HAD SERVED LESS THAN SIX YEARS TO $2,200 PER ANNUM. OTHER CONFLICTS BETWEEN THE FIRST PART AND THE PROVISO OF THE SECTION ARE OF SIMILAR NATURE.

IT IS A WELL SETTLED RULE OF STATUTORY CONSTRUCTION THAT A PROVISO IS USUALLY INTENDED TO RESTRICT OR QUALIFY THE PRECEDING SECTION OR PART OF A STATUTE. IN THIS INSTANCE, WHERE THERE IS A DIRECT CONFLICT, THE TERMS OF THE PROVISO MUST CONTROL THE FIXING OF THE INITIAL SALARY RATES OF CLASS 3 PRIVATES EFFECTIVE JULY 1, 1930.

SECTION 1 OF THE STATUTE AUTHORIZES AN ANNUAL INCREASE OF $100 IN SALARY FOR FIVE YEARS FOR ALL PRIVATES UNTIL THE MAXIMUM SALARY IS REACHED. ANNUAL OR LONGEVITY INCREASE MAY BE GIVEN TO ANY PRIVATE WITHIN LESS THAN ONE YEAR FROM THE DATE OF THE LAST INCREASE. LIKEWISE, UPON THE FIXING, EFFECTIVE JULY 1, 1930, OF INITIAL SALARY RATES OF ALL PRIVATES WHO SERVED PRIOR TO JULY 1, 1930, AND WERE IN THE SERVICE ON THAT DATE, NO ANNUAL OR LONGEVITY INCREASE WOULD BE AUTHORIZED FOR THOSE PRIVATES UNTIL JULY 1, 1931, AND THE SUCCESSIVE ANNUAL OR LONGEVITY INCREASES WOULD BE EFFECTIVE ON JULY 1 OF EACH YEAR WITHIN THE MAXIMUM AUTHORIZED BY THE STATUTE. EACH ANNUAL OR LONGEVITY INCREASE IN SALARY OF PRIVATES ENTERING THE SERVICE AFTER JULY 1, 1930, WOULD DATE FROM THE COMPLETION OF EACH YEAR'S SERVICE WITHIN THE MAXIMUM AUTHORIZED BY THE STATUTE.

REFERRING TO THE CASE OF PRIVATE EMMETT S. MAST, WHO ON JUNE 30, 1930, WAS IN CLASS 2, HAVING SERVED MORE THAN TWO YEARS AND LESS THAN THREE YEARS, HIS INITIAL SALARY RATE WAS PROPERLY FIXED AT $2,100 PER ANNUM EFFECTIVE JULY 1, 1930, UNDER THE TERMS OF THE FIRST PART OF SECTION 3 OF THE NEW STATUTE. HE WAS NOT ENTITLED TO AN ANNUAL OR LONGEVITY INCREASE OF $100, TO WIT, $2,200 PER ANNUM, UNTIL JULY 1, 1931, ASSUMING HIS SERVICE IS DETERMINED TO HAVE BEEN SATISFACTORY UNDER THE TERMS OF SECTION 4 OF THE STATUTE; HENCE THE INCREASE OF $100 GIVEN JULY 9, WAS NOT AUTHORIZED.

REFERRING TO THE CASE OF PRIVATE EMMETT E. SAAR, WHO ON JUNE 30, 1930, WAS IN CLASS 3, HAVING SERVED THREE YEARS OR MORE, BUT LESS THAN SIX YEARS, HIS INITIAL SALARY RATE WAS PROPERLY FIXED AT $2,200 PER ANNUM EFFECTIVE JULY 1, 1930, UNDER THE TERMS OF THE PROVISO OF SECTION 3 OF THE NEW STATUTE. HE WILL NOT BE ENTITLED TO AN ANNUAL OR LONGEVITY INCREASE IN SALARY, TO WIT, $2,300 PER ANNUM, UNTIL JULY 1, 1931, AND HE WILL NOT BE ENTITLED TO $2,400 PER ANNUM UNTIL JULY 1, 1932, ASSUMING HIS SERVICE IS DETERMINED TO HAVE BEEN SATISFACTORY.