A-41025, JULY 20, 1932, 12 COMP. GEN. 78

A-41025: Jul 20, 1932

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AUTHORIZING AND DIRECTING ADMINISTRATIVE OFFICERS TO FURLOUGH EMPLOYEES WITHOUT PAY TO KEEP WITHIN APPROPRIATIONS FOR THE FISCAL YEAR 1933 DO NOT PERMIT THE FURLOUGH OF A REGULAR PERMANENT EMPLOYEE FOR WHOSE SALARY FUNDS HAVE BEEN APPROPRIATED TO PAY THE SALARY OF A PART TIME OR TEMPORARY EMPLOYEE TO PERFORM THE DUTIES OF THE REGULAR PERMANENT EMPLOYEE. AS FOLLOWS: I HAVE. IT WAS AGREED THAT I WOULD CONFER WITH YOUR OFFICE RELATIVE TO PLACING HIM PROPERLY UPON THE PAY ROLL FOR THE NEXT YEAR. WE FIND THAT WE HAVE BUT $360 AVAILABLE FOR SALARY FOR MR. IT IS MY WISH TO PAY HIM AS MUCH AS HE RECEIVED LAST YEAR. IT IS MY PURPOSE. IN WHOSE OFFICE THIS WORK IS BEING DONE. HOW IS THIS COMPENSATION TO BE FIXED AND AT WHAT RATE PER MONTH IN ORDER TO MAKE THE AMOUNT WE DESIRE TO PAY HIM?

A-41025, JULY 20, 1932, 12 COMP. GEN. 78

ECONOMY ACT - ADMINISTRATIVE FURLOUGH THE PROVISIONS OF SECTION 216 OF THE ACT OF JUNE 30, 1932, 47 STAT. 407, AUTHORIZING AND DIRECTING ADMINISTRATIVE OFFICERS TO FURLOUGH EMPLOYEES WITHOUT PAY TO KEEP WITHIN APPROPRIATIONS FOR THE FISCAL YEAR 1933 DO NOT PERMIT THE FURLOUGH OF A REGULAR PERMANENT EMPLOYEE FOR WHOSE SALARY FUNDS HAVE BEEN APPROPRIATED TO PAY THE SALARY OF A PART TIME OR TEMPORARY EMPLOYEE TO PERFORM THE DUTIES OF THE REGULAR PERMANENT EMPLOYEE.

COMPTROLLER GENERAL MCCARL TO HON. WILLIAM J. GRAHAM, UNITED STATES COURT OF CUSTOMS AND PATENT APPEALS, JULY 20, 1932:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF JULY 11, 1932, AS FOLLOWS:

I HAVE, DURING THE PAST YEAR, HAD SEVERAL CONFERENCES WITH YOUR OFFICE RELATIVE TO THE COMPENSATION OF MR. WM. S. HODGES, WHO HAS BEEN EMPLOYED AS ASSISTANT TO THE REPORTER OF THE UNITED STATES COURT OF CUSTOMS AND PATENT APPEALS AT THE RATE OF $400 PER ANNUM. IT WAS AGREED THAT I WOULD CONFER WITH YOUR OFFICE RELATIVE TO PLACING HIM PROPERLY UPON THE PAY ROLL FOR THE NEXT YEAR. OWING TO A FAILURE OF APPROPRIATIONS, WE FIND THAT WE HAVE BUT $360 AVAILABLE FOR SALARY FOR MR. HODGES. IT IS MY WISH TO PAY HIM AS MUCH AS HE RECEIVED LAST YEAR. IT IS MY PURPOSE, IF IT MAY BE DONE WITHIN THE PROVISIONS OF THE ECONOMY BILL OF JUNE 30, 1932, AND OTHER RELEVANT PROVISIONS OF LAW, TO IMPOSE AN ADDITIONAL FURLOUGH UPON MR. MCWHERTER, THE REPORTER OF THE COURT, AND IN WHOSE OFFICE THIS WORK IS BEING DONE, TO MAKE THE SUM REQUIRED TO PAY MR. HODGES.

THIS LEAVES ME WITH TWO INQUIRIES: FIRST, MAY SUCH ADDITIONAL FURLOUGH BE IMPOSED UPON MR. MCWHERTER, AND, IF SO, MAY IT BE ENOUGH TO MAKE THE REQUISITE REDUCTIONS, OR MUST ANY REDUCTION OF THE COMPENSATION OF MR. MCWHERTER BE MADE IN CONFORMITY WITH THE PROVISIONS OF THE CLASSIFICATION ACT?

SECOND. IN PLACING MR. HODGES UPON THE PAY ROLL, HOW IS THIS COMPENSATION TO BE FIXED AND AT WHAT RATE PER MONTH IN ORDER TO MAKE THE AMOUNT WE DESIRE TO PAY HIM?

BECAUSE OF THE EMERGENCY, I WILL BE OBLIGED IF I MAY HAVE AN ANSWER AT THE EARLIEST POSSIBLE OCCASION.

IT APPEARS THAT THE APPROPRIATION FOR THE CURRENT FISCAL YEAR FOR THE PERSONNEL OF THE COURT OF CUSTOMS AND PATENT APPEALS WAS REDUCED $6,820 FROM THE AMOUNT APPROPRIATED FOR THE PRECEDING FISCAL YEAR. ACTS OF FEBRUARY 23, 1931, 46 STAT. 1324, AND JULY 1, 1932, PUBLIC NO. 232, 47 STAT. 490.

SECTION 216 OF THE ECONOMY ACT, PART II OF THE ACT OF JUNE 30, 1932, PUBLIC NO. 212, 47 STAT. 407, REQUIRES THE HEADS OF THE VARIOUS EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS TO FURLOUGH EMPLOYEES WITHOUT PAY IN ORDER TO KEEP WITHIN APPROPRIATIONS MADE FOR THE FISCAL YEAR 1933, AND THERE WOULD APPEAR TO BE NO DOUBT AS TO YOUR AUTHORITY TO FURLOUGH EMPLOYEES WITHOUT PAY WHENEVER NECESSARY TO KEEP WITHIN THE AMOUNTS APPROPRIATED. BUT THIS AUTHORITY DOES NOT PERMIT THE FURLOUGH OF A REGULAR EMPLOYEE, FOR WHOSE SALARY FUNDS HAVE BEEN APPROPRIATED, TO PAY THE SALARIES OF ADDITIONAL OR TEMPORARY EMPLOYEES. ON THE CONTRARY, THE SUGGESTION OF FURLOUGHING THE REGULAR EMPLOYEE RAISES A QUESTION OF WHETHER THIS WORK SHOULD BE DONE BY ANY OTHER THAN THE REGULAR EMPLOYEE, THE HIRING OF THE TEMPORARY EMPLOYEE HAVING BEEN ON THE BASIS OF THAT THE WORK WAS MORE THAN THE REGULAR EMPLOYEE COULD DO IN CONNECTION WITH HIS OTHER DUTIES. SEE DECISION TO YOU DATED MAY 7, 1932, A-41025, WHEREIN IT WAS STATED:

* * * SUCH A CONDITION DOES NOT AUTHORIZE PAYMENT OF A LUMP SUM DEDUCTED FROM THE RATE OF COMPENSATION FIXED BY LAW FOR A REGULAR POSITION OF THE COURT, TO A PERSON NOT REGULARLY EMPLOYED BY THE COURT, TO PERFORM THE DUTIES ATTACHED TO A REGULAR POSITION OF THE COURT.

YOU ARE ADVISED, THEREFORE, THAT AS THE SOLE PURPOSE OF FURLOUGHING MR. MCWHERTER WITHOUT PAY APPEARING TO BE TO MAKE FUNDS AVAILABLE FOR THE SALARY OF A PART-TIME OR TEMPORARY EMPLOYEE TO PERFORM A PART OF MR. MCWHERTER'S DUTIES, YOUR FIRST QUESTION IS ANSWERED IN THE NEGATIVE, MAKING IT UNNECESSARY TO ANSWER YOUR SECOND QUESTION. IT MAY BE STATED GENERALLY, HOWEVER, THAT THE SALARY RATES OF PART-TIME OR TEMPORARY POSITIONS ARE REQUIRED TO BE FIXED IN ACCORDANCE WITH THE PRINCIPLES OF CLASSIFICATION AND AT RATES PRESCRIBED IN THE CLASSIFICATION ACT BASED ON THE DUTIES AND RESPONSIBILITIES OF THE POSITION.