A-41383, MARCH 17, 1932, 11 COMP. GEN. 353

A-41383: Mar 17, 1932

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CHARGEABLE UNDER THE RESPECTIVE APPROPRIATIONS ARE NOT AUTHORIZED. THERE IS NO LEGAL OBJECTION TO THE EMPLOYMENT OF ONE PERSON IN TWO SEPARATE AND DISTINCT POSITIONS AT DIFFERENT TIMES OF THE YEAR. OUR QUESTION IS AS TO THE FUND FROM WHICH HE COULD BE PAID WHEN ASSIGNED TO NEW DUTIES. HERETOFORE AND IN THE PRESENT BILL BEFORE CONGRESS THERE IS A DEFINITE AMOUNT SET OUT FOR THE PAYMENT OF PERSONAL SERVICE IN THE DISTRICT OF COLUMBIA. IN THE ESTIMATE SUBMITTED TO THE APPROPRIATIONS COMMITTEE BY THE BUDGET THERE WAS AN ESTIMATED ITEM SET OUT FOR FIELD SERVICES NOT COMPREHENDED AS AN ESTIMATE ITEM WITHIN THE AMOUNT FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA. WE HAVE THREE MEDIATORS IN THE FIELD CLASSIFIED UNDER THE PERSONNEL IN THE DISTRICT OF COLUMBIA.

A-41383, MARCH 17, 1932, 11 COMP. GEN. 353

CLASSIFICATION OF CIVILIAN EMPLOYEES - COMBINED DEPARTMENTAL AND FIELD POSITIONS THE CREATION AND CLASSIFICATION OF ONE POSITION, EITHER WITH ONE OR TWO SALARY RATES, WITH DUTIES DIVIDED BETWEEN DEPARTMENTAL AND FIELD SERVICES, CHARGEABLE UNDER THE RESPECTIVE APPROPRIATIONS ARE NOT AUTHORIZED. THERE IS NO LEGAL OBJECTION TO THE EMPLOYMENT OF ONE PERSON IN TWO SEPARATE AND DISTINCT POSITIONS AT DIFFERENT TIMES OF THE YEAR, ONE POSITION IN THE DEPARTMENTAL SERVICE AND THE OTHER IN THE FIELD SERVICE, THE CHANGE FROM ONE TO THE OTHER BEING MADE BY REGULAR TRANSFER AND APPOINTMENT AT ANY TIME DURING THE YEAR, SUBJECT TO APPLICABLE CIVIL SERVICE LAWS AND REGULATIONS, THE PROVISIONS OF THE CLASSIFICATION ACT, AND THE AVERAGE PROVISION APPEARING IN ANNUAL APPROPRIATION ACTS.

COMPTROLLER GENERAL MCCALL TO THE CHAIRMAN OF THE BOARD OF MEDIATION, MARCH 17, 1932:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF MARCH 15, 1932, AS FOLLOWS:

OUR BOARD HAS IN MIND DELEGATING AS A CHANGE OF SERVICE FROM TIME TO TIME A MAN FROM ITS STAFF TO DO A DUTY SET OUT IN HIS CLASSIFICATION BUT NOT PREVIOUSLY COVERED BY HIM. OUR QUESTION IS AS TO THE FUND FROM WHICH HE COULD BE PAID WHEN ASSIGNED TO NEW DUTIES, HIS CLASSIFICATION NOW COVERING THE SERVICE OF A MEDIATOR.

HERETOFORE AND IN THE PRESENT BILL BEFORE CONGRESS THERE IS A DEFINITE AMOUNT SET OUT FOR THE PAYMENT OF PERSONAL SERVICE IN THE DISTRICT OF COLUMBIA. IN THE ESTIMATE SUBMITTED TO THE APPROPRIATIONS COMMITTEE BY THE BUDGET THERE WAS AN ESTIMATED ITEM SET OUT FOR FIELD SERVICES NOT COMPREHENDED AS AN ESTIMATE ITEM WITHIN THE AMOUNT FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA.

WE HAVE THREE MEDIATORS IN THE FIELD CLASSIFIED UNDER THE PERSONNEL IN THE DISTRICT OF COLUMBIA. WE DESIRE TO ASSIGN ANOTHER MAN FROM TIME TO TIME UNDER THEIR CLASSIFICATION IN OUR MEDIATION SERVICE.

QUERY: CAN WE DRAW ON THE BLANKET FUND IN WHICH IS INCLUDED THE CONSIDERATION OF FIELD SERVICE FOR THE PAYMENT OF SUCH TRANSFERRED MAN WHEN ASSIGNED TO DUTY AS A MEDIATOR?

CAN WE PROPERLY PAY SUCH MAN HIS PRESENT PER ANNUM RATE WHEN HE IS PERFORMING THE WORK WHICH HE IS DOING NOW AND PAY HIM AT A DIFFERENT RATE FOR THE TIME WHEN HE MAY DO PURELY MEDIATION SERVICE, OR, IN OTHER WORDS, IN THE LATTER CASE PAY HIM AT A RATE WITHIN THE LIMITATIONS NOW APPLYING TO OUR MEDIATOR?

THE CIVIL SERVICE COMMISSION THROUGH ITS CHAIRMAN AND THE PERSONNEL CLASSIFICATION BOARD THROUGH ITS DIRECTOR OF CLASSIFICATION HAVE ADVISED US THAT SUCH WOULD BE ENTIRELY PROPER SO FAR AS THEIR INTERESTS AND RESPONSIBILITIES ARE CONCERNED.

IT IS UNDERSTOOD THAT YOU DESIRE TO DIVIDE THE TIME SERVED BY AN EMPLOYEE BETWEEN THE DEPARTMENTAL AND FIELD SERVICES, CHARGING THE APPROPRIATIONS PROVIDED FOR THE RESPECTIVE SERVICES WITH THE PROPORTIONATE TIME SERVED THEREUNDER. FOR THE APPROPRIATIONS INVOLVED, SEE ACT OF FEBRUARY 23, 1931, 46 STAT. 1357.

THE PERSONNEL OF THE FEDERAL GOVERNMENT IS DIVIDED, BROADLY, INTO THE DEPARTMENTAL AND FIELD SERVICES. THE CONGRESS APPROPRIATES FUNDS SEPARATELY FOR THE TWO SERVICES, AND IN VARIOUS WAYS, INCLUDING RESTRICTIONS ON THE AMOUNT AVAILABLE FOR PERSONNEL IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA, HAS SHOWN A CLEAR INTENTION THAT THE TWO APPROPRIATIONS ARE TO BE EXPENDED AND ACCOUNTED FOR AS SEPARATE AND DISTINCT ENTITIES. LAWS AND REGULATIONS AFFECTING THE PERSONNEL IN THE DEPARTMENTAL AND FIELD SERVICES, RESPECTIVELY, DIFFER MATERIALLY. WHILE THE PRINCIPLES OF CLASSIFICATION HAVE BEEN EXTENDED TO THE FIELD SERVICE IN A MODIFIED FORM, THE GENERAL RESTRICTIONS ON ORIGINAL APPOINTMENTS, AND OTHER RULES STATED IN THE ORIGINAL CLASSIFICATION ACT, AS WELL AS THE AVERAGE PROVISION APPEARING IN THE ANNUAL APPROPRIATION ACTS, ARE NOT APPLICABLE IN THE FIELD SERVICE. ACCORDINGLY, IT MUST BE CONCLUDED THAT THE CREATION OF ONE POSITION, EITHER WITH ONE OR TWO SALARY RATES, WITH DUTIES DIVIDED BETWEEN THE DEPARTMENTAL AND FIELD SERVICES, CHARGEABLE UNDER THE RESPECTIVE APPROPRIATIONS, IS NOT AUTHORIZED.

HOWEVER, THERE IS NO LEGAL OBJECTION TO THE EMPLOYMENT OF ONE PERSON IN TWO SEPARATE AND DISTINCT POSITIONS AT DIFFERENT TIMES OF THE YEAR, ONE POSITION IN THE DEPARTMENTAL SERVICE AND THE OTHER IN THE FIELD SERVICE, THE CHANGE FROM ONE TO THE OTHER BEING MADE BY REGULAR TRANSFER AND APPOINTMENT AT ANY TIME DURING THE YEAR, SUBJECT TO APPLICABLE CIVIL SERVICE LAWS AND REGULATIONS, THE PROVISIONS OF THE CLASSIFICATION ACT, AND THE AVERAGE PROVISION.

UPON TRANSFER FROM THE DEPARTMENTAL TO THE FIELD SERVICE THE EMPLOYEE MAY BE PAID AT ANY SALARY RATE PRESCRIBED FOR THE FIELD GRADE OR SALARY RANGE IN WHICH THE FIELD POSITION HAS BEEN ADMINISTRATIVELY PLACED OR ALLOCATED. UPON TRANSFER FROM THE FIELD TO THE DEPARTMENTAL SERVICE UNDER THE SAME DEPARTMENT OR INDEPENDENT ESTABLISHMENT THE RULE IS STATED IN DECISION OF AUGUST 19, 1929, 9 COMP. GEN. 80, AS FOLLOWS (QUOTING FROM THE SYLLABUS):

HEREAFTER TRANSFERS OF EMPLOYEES FROM FIELD-SERVICE POSITIONS TO DEPARTMENTAL-SERVICE POSITIONS IN THE DISTRICT OF COLUMBIA UNDER THE SAME DEPARTMENT ARE NOT REQUIRED TO BE CONSIDERED AS NEW APPOINTMENTS AUTHORIZING PAYMENT INITIALLY OF THE MINIMUM SALARY RATE OF THE GRADE TO WHICH TRANSFERRED, BUT THE SALARY RATE PAYABLE INITIALLY UPON SUCH TRANSFERS TO THE DEPARTMENTAL SERVICE MAY NOT BE SUCH AS TO CAUSE THE PROPER AVERAGE OF THE GRADE TO WHICH TRANSFERRED TO BE EXCEEDED. RULE ANNOUNCED IN 3 COMP. GEN. 1001, 1006, AND FOLLOWED IN DECISIONS REPORTED IN 4 COMP. GEN. 63; ID. 493, 499; ID. 1003; ID. 1030; 5 ID. 302, 305; AND 8 ID. 202, 205, MODIFIED.