A-3947, JULY 14, 1924, 4 COMP. GEN. 53

A-3947: Jul 14, 1924

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CLASSIFICATION OF CIVILIAN EMPLOYEES - OFFICE OF RECORDER OF DEEDS OF THE DISTRICT OF COLUMBIA THE OFFICE OF THE RECORDER OF DEEDS OF THE DISTRICT OF COLUMBIA IS A "DEPARTMENT" WITHIN THE MEANING OF THAT TERM AS DEFINED IN SECTION 2 OF THE CLASSIFICATION ACT OF MARCH 4. PAYMENT IN ACCORDANCE WITH SUCH ALLOCATIONS IS AUTHORIZED FROM THE FEES AND EMOLUMENTS OF THAT OFFICE. YOU STATE THAT THE ATTORNEY GENERAL HAS HELD THAT THE EMPLOYEES OF THE OFFICE OF THE RECORDER OF DEEDS OF THE DISTRICT OF COLUMBIA WERE INCLUDED IN THE CLASSIFICATION ACT OF MARCH 4. YOU REQUEST DECISION WHETHER YOU ARE AUTHORIZED "TO PAY THESE SAID EMPLOYEES THE SALARIES AS SO FIXED BY SAID CLASSIFICATION BOARD OUT OF THE FEES AND EMOLUMENTS OF THIS OFFICE.'.

A-3947, JULY 14, 1924, 4 COMP. GEN. 53

CLASSIFICATION OF CIVILIAN EMPLOYEES - OFFICE OF RECORDER OF DEEDS OF THE DISTRICT OF COLUMBIA THE OFFICE OF THE RECORDER OF DEEDS OF THE DISTRICT OF COLUMBIA IS A "DEPARTMENT" WITHIN THE MEANING OF THAT TERM AS DEFINED IN SECTION 2 OF THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1488, AND THE RATES OF PAY PROVIDED BY THE SAID ACT FOR THE POSITIONS IN THAT OFFICE AS ALLOCATED BY THE CLASSIFICATION BOARD SUPERSEDE THE RATES FOR SUCH EMPLOYEES PRESCRIBED BY THE ACT OF FEBRUARY 28, 1923, 42 STAT. 1335. PAYMENT IN ACCORDANCE WITH SUCH ALLOCATIONS IS AUTHORIZED FROM THE FEES AND EMOLUMENTS OF THAT OFFICE. (INAPPLICABLE, SEE 4 COMP. GEN. 914.)

ACTING COMPTROLLER GENERAL GINN TO THE RECORDER OF DEEDS, DISTRICT OF COLUMBIA, JULY 14, 1924:

BY LETTER OF JULY 11, 1924, YOU STATE THAT THE ATTORNEY GENERAL HAS HELD THAT THE EMPLOYEES OF THE OFFICE OF THE RECORDER OF DEEDS OF THE DISTRICT OF COLUMBIA WERE INCLUDED IN THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1488, AND THAT THE PERSONNEL CLASSIFICATION BOARD HAS SUBMITTED A LIST OF ALL THE EMPLOYEES OF THE OFFICE WITH THEIR RESPECTIVE ALLOCATIONS IN CONFORMITY WITH SAID ACT, AND YOU REQUEST DECISION WHETHER YOU ARE AUTHORIZED "TO PAY THESE SAID EMPLOYEES THE SALARIES AS SO FIXED BY SAID CLASSIFICATION BOARD OUT OF THE FEES AND EMOLUMENTS OF THIS OFFICE.'

THE OFFICE OF THE RECORDER OF DEEDS IS A "DEPARTMENT" WITHIN THE MEANING OF THAT TERM AS DEFINED IN SECTION 2 OF THE CLASSIFICATION ACT OF 1923, AND THEREFORE UNDER THE PROVISIONS OF SECTION 5 OF SAID ACT THE COMPENSATION SCHEDULES FIXED IN SECTION 13 THEREOF ARE APPLICABLE TO THE EMPLOYEES OF SAID OFFICE. SECTION 4 OF THE ACT PROVIDES THAT THE ALLOCATIONS MADE IN PURSUANCE OF SAID ACT "SHALL BECOME FINAL UPON THEIR APPROVAL BY" THE PERSONNEL CLASSIFICATION BOARD. THE RATES OF COMPENSATION AS THUS FIXED UNDER AUTHORITY OF AN IN ACCORDANCE WITH THE SAID ACT OF MARCH 4, 1923, SUPERSEDE THE RATES AS PRESCRIBED IN THE ACT OF FEBRUARY 28, 1923, 42 STAT. 1335. ACCORDINGLY THE QUESTION SUBMITTED IS ANSWERED IN THE AFFIRMATIVE.