A-3614, JULY 14, 1924, 4 COMP. GEN. 54

A-3614: Jul 14, 1924

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WILL BE ENTITLED TO COMPENSATION ON AND AFTER THAT DATE AT THE RATE AUTHORIZED UNDER THE GRADE OR CLASS IN WHICH THE POSITION HAS BEEN ALLOCATED IN ACCORDANCE WITH RULES 2. IS APPLICABLE TO ANY NEW APPOINTMENT. 1924: I HAVE YOUR LETTER OF JUNE 25. IT IS DESIRED TO GIVE HIM A PERMANENT APPOINTMENT EFFECTIVE JULY 1. THE MINIMUM RATE OF WHICH IS $1. WHICH IS NOT ONE OF THE RATES OF THE GRADE. WHERE AN EMPLOYEE IS TO BE CONTINUED IN THE SERVICE ON AND AFTER JULY 1. MUST THE POSITION BE CLASSIFIED AND WILL THE RATE OF PAY BE GOVERNED BY THE RULES OF COMPENSATION CONTAINED IN SECTION 6 OF THE CLASSIFICATION ACT OF MARCH 4. RULES 4 AND 6 ARE AS FOLLOWS: 4. IF THE EMPLOYEE IS RECEIVING COMPENSATION WITHIN THE RANGE OF SALARY PRESCRIBED FOR THE APPROPRIATE GRADE.

A-3614, JULY 14, 1924, 4 COMP. GEN. 54

CLASSIFICATION OF CIVILIAN EMPLOYEES - TEMPORARY EMPLOYEES - NEW APPOINTMENTS PERSONS HOLDING TEMPORARY APPOINTMENTS ON JULY 1, 1924, WILL BE ENTITLED TO COMPENSATION ON AND AFTER THAT DATE AT THE RATE AUTHORIZED UNDER THE GRADE OR CLASS IN WHICH THE POSITION HAS BEEN ALLOCATED IN ACCORDANCE WITH RULES 2, 3, AND 4 OF SECTION 6 OF THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1490, SO LONG AS THEY SERVE UNDER THE SAME APPOINTMENT. THE REQUIREMENT OF THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1490, THAT ALL NEW APPOINTMENTS BE AT THE MINIMUM RATE OF THE APPROPRIATE GRADE OR CLASS THEREOF, IS APPLICABLE TO ANY NEW APPOINTMENT, REGARDLESS OF THE TEMPORARY OR PERMANENT CHARACTER OF THE NEW OR OF THE OLD APPOINTMENT.

ACTING COMPTROLLER GENERAL GINN TO THE SECRETARY OF THE INTERIOR, JULY 14, 1924:

I HAVE YOUR LETTER OF JUNE 25, 1924, REQUESTING DECISION OF TWO QUESTIONS, AS FOLLOWS:

1. AN EMPLOYEE SERVING UNDER TEMPORARY APPOINTMENT, PENDING ESTABLISHMENT BY THE CIVIL SERVICE COMMISSION OF A REGISTER OF ELIGIBLES, HAS QUALIFIED THROUGH APPROPRIATE EXAMINATION, AND IT IS DESIRED TO GIVE HIM A PERMANENT APPOINTMENT EFFECTIVE JULY 1, 1924. HIS POSITION HAS BEEN ALLOCATED TO GRADE 1, PROFESSIONAL AND SCIENTIFIC SERVICE, THE MINIMUM RATE OF WHICH IS $1,860 PER ANNUM. UNDER HIS TEMPORARY APPOINTMENT THE EMPLOYEE RECEIVES COMPENSATION OF $1,980 PER ANNUM, INCLUDING $240 BONUS, WHICH IS NOT ONE OF THE RATES OF THE GRADE. SHOULD THE EMPLOYEE ON AND AFTER JULY 1, 1924, WHEN HE RECEIVES PERMANENT APPOINTMENT, BE PAID THE NEXT HIGHER RATE OF $2,000 PER ANNUM, OR MUST HE BE APPOINTED AT $1,860 PER ANNUM, THE MINIMUM RATE OF THE GRADE?

2. WHERE AN EMPLOYEE IS TO BE CONTINUED IN THE SERVICE ON AND AFTER JULY 1, 1924, UNDER A TEMPORARY APPOINTMENT MADE PRIOR TO THAT DATE, MUST THE POSITION BE CLASSIFIED AND WILL THE RATE OF PAY BE GOVERNED BY THE RULES OF COMPENSATION CONTAINED IN SECTION 6 OF THE CLASSIFICATION ACT OF MARCH 4, 1923?

SECTION 2 OF THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1488, DEFINES THE TERM EMPLOYEE" AS "ANY PERSON TEMPORARILY OR PERMANENTLY IN A POSITION," AND THE TERM "POSITION" AS "A SPECIFIC CIVILIAN OFFICE OR EMPLOYMENT, WHETHER OCCUPIED OR VACANT, IN A DEPARTMENT OTHER THAN THE FOLLOWING: * * *.'

SECTION 6 OF THE CLASSIFICATION ACT, 42 STAT. 1490, PROVIDES SIX RULES FOR DETERMINING THE INITIAL COMPENSATION TO BE ESTABLISHED FOR THE SEVERAL "EMPLOYEES.' RULES 4 AND 6 ARE AS FOLLOWS:

4. IF THE EMPLOYEE IS RECEIVING COMPENSATION WITHIN THE RANGE OF SALARY PRESCRIBED FOR THE APPROPRIATE GRADE, BUT NOT AT ONE OF THE RATES FIXED THEREIN, THE COMPENSATION SHALL BE INCREASED TO THE NEXT HIGHER RATE.

6. ALL NEW APPOINTMENTS SHALL BE MADE AT THE MINIMUM OF THE APPROPRIATE GRADE OR CLASS THEREOF.

IN QUESTION 1 IT IS UNDERSTOOD THE EMPLOYEE IS SERVING UNDER AN EMERGENCY TEMPORARY APPOINTMENT PENDING AN ESTABLISHMENT BY THE CIVIL SERVICE COMMISSION OF A REGISTER OF ELIGIBLES, UNDER RULE 8 OF THE CIVIL SERVICE RULES AND REGULATIONS. RULE 6 DOES NOT MEAN THAT ONLY THE FIRST APPOINTMENT GIVEN AN EMPLOYEE UNDER CIVIL SERVICE RULES AND REGULATIONS IS REQUIRED TO BE AT THE MINIMUM RATE, BUT THAT ANY NEW APPOINTMENT, REGARDLESS OF THE TEMPORARY OR PERMANENT CHARACTER THEREOF, MUST BE AT THE MINIMUM RATE OF THE APPROPRIATE GRADE OR CLASS. NO OTHER CONSTRUCTION IS POSSIBLE UNDER THE TERMS OF THE RULE. THE PERMANENT APPOINTMENT OF AN EMPLOYEE SERVING UNDER A TEMPORARY APPOINTMENT IS A "NEW" APPOINTMENT AND MUST BE AT THE MINIMUM RATE OF THE APPROPRIATE GRADE OR CLASS; ALSO A SECOND TEMPORARY APPOINTMENT OF AN EMPLOYEE MUST BE AT THE MINIMUM RATE OF THE APPROPRIATE GRADE OR CLASS. ACCORDINGLY IN QUESTION 1 THE SALARY OF THE EMPLOYEE ON JULY 1, 1924, WILL BE AT THE RATE OF $1,860 PER ANNUM.

THE CLASSIFICATION ACT EXPRESSLY INCLUDES TEMPORARY EMPLOYEES. THE EMPLOYEE IN QUESTION 2 IS HOLDING A "POSITION" WITHIN THE MEANING OF THAT TERM AS USED IN THE CLASSIFICATION ACT AND IS THEREFORE SUBJECT TO ALL THE RULES OF SECTION 6 THEREOF.

THE SALARY OF THE EMPLOYEE ON AND AFTER JULY 1, 1924, WILL BE CONTROLLED BY THE RULES OF SECTION 6 OF THE CLASSIFICATION ACT, AND AS LONG AS THE EMPLOYEE CONTINUES TO SERVE UNDER THE SAME TEMPORARY APPOINTMENT HELD JUNE 30, 1924, HE WILL BE ENTITLED TO THE COMPENSATION AT THE RATE OF PAY AUTHORIZED UNDER THE GRADE OR CLASS IN WHICH THE POSITION HAS BEEN ALLOCATED; THAT IS TO SAY, HE WILL NOT NECESSARILY BE REQUIRED TO SERVE AT THE MINIMUM RATE FIXED FOR SAID GRADE BUT WILL BE ENTITLED TO RATE APPLICABLE IN ACCORDANCE WITH RULES 2, 3, AND 4 OF SECTION 6 OF THE ACT. THEREAFTER ANY NEW TEMPORARY OR PERMANENT APPOINTMENT MUST BE AT THE MINIMUM RATE OF THE APPROPRIATE GRADE OR CLASS.