A-40186, JANUARY 16, 1932, 11 COMP. GEN. 273

A-40186: Jan 16, 1932

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COMPENSATION - RETROACTIVE INCREASE - FOREIGN SERVICE OFFICERS WHERE A FOREIGN SERVICE OFFICER IS LAWFULLY AUTHORIZED TO ACT AS CHARGE D -AFFAIRES AD INTERIM. SUCH PRINCIPAL OFFICER IS RETROACTIVELY PROMOTED COVERING THE PERIOD OF SUCH ABSENCE AS AUTHORIZED BY SECTION 14 OF THE ACT OF MAY 24. THE OFFICER IN CHARGE IS ENTITLED. TO HAVE HIS COMPENSATION FOR THE PERIOD IN QUESTION ADJUSTED UPON THE BASIS OF THE INCREASED COMPENSATION SO GRANTED HIS PRINCIPAL OFFICER. WERE CONFIRMED ON DECEMBER 17. THAT SUCH SUBSTITUTE OFFICERS MAY HAVE BEEN IN CHARGE OF POSTS DURING THE ABSENCE OF THEIR PRINCIPAL OFFICERS. ADDITIONAL COMPENSATION IS PROVIDED FOR SUBSTITUTE OFFICERS IN CHARGE OF POSTS UNDER THE FOLLOWING PROVISIONS OF THE STATUTES: SECTION 25 OF THE ACT OF FEBRUARY 23.

A-40186, JANUARY 16, 1932, 11 COMP. GEN. 273

COMPENSATION - RETROACTIVE INCREASE - FOREIGN SERVICE OFFICERS WHERE A FOREIGN SERVICE OFFICER IS LAWFULLY AUTHORIZED TO ACT AS CHARGE D -AFFAIRES AD INTERIM, OR TO ASSUME CHARGE OF A CONSULATE GENERAL OR CONSULATE DURING THE ABSENCE OF THE PRINCIPAL OFFICER, AND SUCH PRINCIPAL OFFICER IS RETROACTIVELY PROMOTED COVERING THE PERIOD OF SUCH ABSENCE AS AUTHORIZED BY SECTION 14 OF THE ACT OF MAY 24, 1924, AS AMENDED BY THE ACT OF FEBRUARY 23, 1931, 46 STAT. 1208, THE OFFICER IN CHARGE IS ENTITLED, UNDER SECTION 25 OF THE FOREIGN SERVICE ACT, AS AMENDED, 46 STAT. 1210, TO HAVE HIS COMPENSATION FOR THE PERIOD IN QUESTION ADJUSTED UPON THE BASIS OF THE INCREASED COMPENSATION SO GRANTED HIS PRINCIPAL OFFICER.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, JANUARY 16, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 30, 1931, AS FOLLOWS:

UNDER THE PROVISIONS OF SECTION 14 OF THE ACT OF FEBRUARY 23, 1931, CERTAIN PROMOTIONS OF FOREIGN SERVICE OFFICERS MADE BY THE PRESIDENT ON JULY 1, 1931, WERE CONFIRMED ON DECEMBER 17, 1931, TO BE EFFECTIVE FROM JULY 1, 1931.

QUESTION HAS NOW BEEN RAISED AS TO THE EFFECT OF SUCH PROMOTIONS ON THE ADDITIONAL COMPENSATION OF SUBSTITUTE OFFICERS FOR ANY PERIOD OR PERIODS BETWEEN JULY 1ST AND DECEMBER 17TH, 1931, THAT SUCH SUBSTITUTE OFFICERS MAY HAVE BEEN IN CHARGE OF POSTS DURING THE ABSENCE OF THEIR PRINCIPAL OFFICERS.

ADDITIONAL COMPENSATION IS PROVIDED FOR SUBSTITUTE OFFICERS IN CHARGE OF POSTS UNDER THE FOLLOWING PROVISIONS OF THE STATUTES:

SECTION 25 OF THE ACT OF FEBRUARY 23, 1931, WHICH READS:

"THAT FOR SUCH TIMES AS ANY FOREIGN SERVICE OFFICER SHALL BE LAWFULLY AUTHORIZED TO ACT AS CHARGE D-AFFAIRES AD INTERIM OR TO ASSUME CHARGE OF A CONSULATE GENERAL OR CONSULATE DURING THE ABSENCE OF THE PRINCIPAL OFFICER AT THE POST TO WHICH HE SHALL HAVE BEEN ASSIGNED, HE SHALL, IF HIS SALARY IS LESS THAN ONE-HALF OF THAT OF SUCH PRINCIPAL OFFICER, RECEIVE IN ADDITION TO HIS SALARY AS FOREIGN SERVICE OFFICER, COMPENSATION EQUAL TO THE DIFFERENCE BETWEEN SUCH SALARY AND ONE-HALF OF THE SALARY PROVIDED BY LAW FOR THE AMBASSADOR, MINISTER, OR PRINCIPAL CONSULAR OFFICER, AS THE CASE MAY BE.'

THE ACT OF FEBRUARY 27, 1925, MAKING APPROPRIATIONS FOR THE DEPARTMENT OF STATE AND OTHER DEPARTMENTS FOR THE FISCAL YEAR ENDING JUNE 30, 1926, AND FOR OTHER PURPOSES, PROVIDES:

"CHARGES D-AFFAIRES AD INTERIM: * * * PROVIDED, THAT AFTER JUNE 30, 1924, VICE CONSULS WHILE IN CHARGE OF A CONSULATE GENERAL OR CONSULATE DURING THE ABSENCE OF THE PRINCIPAL OFFICER SHALL BE ENTITLED TO ADDITIONAL COMPENSATION IN THE SAME MANNER AND UNDER THE SAME CONDITIONS AS FOREIGN SERVICE OFFICERS, AS PROVIDED IN SECTION 17 OF THE ACT OF MAY 24, 1924.'

I BEG TO REFER FOR YOUR DECISION THE QUESTION WHETHER THE SUBSTITUTE OFFICERS CONCERNED ARE NOW ENTITLED TO CLAIM ADDITIONAL COMPENSATION, OR ADJUSTMENT OF ANY ADDITIONAL COMPENSATION ALREADY DRAWN FOR SUCH PERIODS DURING WHICH THEY WERE IN CHARGE, ON THE BASIS OF THE NEW SALARY STATUS OF THEIR PRINCIPAL OFFICERS UNDER THE CONFIRMATIONS WHICH MADE THE PROMOTIONS OF THE PRINCIPAL OFFICERS EFFECTIVE FROM JULY 1, 1931.

SECTION 14 OF THE FOREIGN SERVICE ACT OF MAY 24, 1924, AS AMENDED BY THE ACT OF FEBRUARY 23, 1931, 46 STAT. 1208, PROVIDES:

THAT THE SECRETARY OF STATE IS DIRECTED TO REPORT FROM TIME TO TIME TO THE PRESIDENT, ALONG WITH HIS RECOMMENDATIONS, THE NAMES OF THOSE FOREIGN SERVICE OFFICERS WHO BY REASON OF EFFICIENT SERVICE HAVE DEMONSTRATED SPECIAL CAPACITY FOR PROMOTION TO THE GRADE OF MINISTER AND THE NAMES OF THOSE FOREIGN SERVICE OFFICERS AND CLERKS AND OFFICERS AND EMPLOYEES IN THE DEPARTMENT OF STATE WHO BY REASON OF EFFICIENT SERVICE, AN ACCURATE RECORD OF WHICH SHALL BE KEPT IN THE DEPARTMENT OF STATE, HAVE DEMONSTRATED SPECIAL EFFICIENCY, AND ALSO THE NAMES OF PERSONS FOUND UPON TAKING THE PRESCRIBED EXAMINATION TO HAVE FITNESS FOR APPOINTMENT TO THE SERVICE, AND ANY FOREIGN SERVICE OFFICER WHO MAY HEREAFTER BE PROMOTED TO A HIGHER CLASS WITHIN THE CLASSIFICATION PRESCRIBED IN SECTION 10 OF THIS ACT SHALL HAVE THE STATUS AND RECEIVE THE COMPENSATION ATTACHING TO SUCH HIGHER CLASS FROM THE DATE STATED IN HIS COMMISSION AS THE EFFECTIVE DATE OF HIS PROMOTION TO SUCH HIGHER CLASS.

IN VIEW OF THE EXPRESS STATUTORY AUTHORITY FOR THE PAYMENT OF THE HIGHER RATE OF COMPENSATION RETROACTIVELY FROM THE DATE STATED IN THEIR COMMISSIONS, SUCH INCREASED COMPENSATION CONSTITUTES ,SALARY PROVIDED BY LAW FOR THE AMBASSADOR, MINISTER, OR PRINCIPAL CONSULAR OFFICER" WITHIN THE PURVIEW OF SECTION 25 OF THE FOREIGN SERVICE ACT, AS AMENDED, 46 STAT. 1210, AND, CONSEQUENTLY, IF ANY FOREIGN SERVICE OFFICER BE LAWFULLY AUTHORIZED TO ACT AS CHARGE D-AFFAIRES AD INTERIM OR TO ASSUME CHARGE OF A CONSULATE GENERAL OR CONSULATE DURING THE ABSENCE OF THE PRINCIPAL OFFICER AND SUCH PRINCIPAL OFFICER IS RETROACTIVELY PROMOTED COVERING THE PERIOD OF ABSENCE, THE OFFICER IN CHARGE IS ENTITLED TO HAVE HIS COMPENSATION FOR THE PERIOD IN QUESTION ADJUSTED UPON THE BASIS OF THE INCREASED COMPENSATION SO GRANTED HIS PRINCIPAL OFFICER.