A-42955, JULY 12, 1932, 12 COMP. GEN. 20

A-42955: Jul 12, 1932

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IS EXCLUSIVELY WITHIN ADMINISTRATIVE CONTROL. WILLIAM MESSNER WAS APPOINTED TEMPORARILY AS A DETAIL DRAFTSMAN (SHIP) IN THE COMMANDANT'S OFFICE. HE WAS GIVEN A PROBATIONAL APPOINTMENT. MESSNER STATES THAT HE ACCEPTED THE TEMPORARY APPOINTMENT AT $5.81 PER DIEM WITH THE UNDERSTANDING THAT IF HE PASSED THE EXAMINATION AND HIS WORK WAS SATISFACTORY HIS PAY WOULD BE INCREASED. AS UNDER THE CIVIL SERVICE RULES TEMPORARY APPOINTEES ARE NOT ELIGIBLE FOR PROMOTION IN THEIR PRESENT CLASSIFICATION. 4. MESSNER WAS TENTATIVELY ALLOCATED TO GRADE 4 OF THE SUBPROFESSIONAL SERVICE AT $1. UNTIL SUCH CLASSIFICATION IS COMPLETED AND FUNDS ARE APPROPRIATED BY CONGRESS TO COVER THE COST OF SUCH CLASSIFICATION.

A-42955, JULY 12, 1932, 12 COMP. GEN. 20

ECONOMY ACT - ADMINISTRATIVE PROMOTIONS - REALLOCATIONS IN THE FIELD ADMINISTRATIVE REALLOCATION OF A FIELD POSITION UNDER THE TERMS OF SECTION 2 OF THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1005, IS EXCLUSIVELY WITHIN ADMINISTRATIVE CONTROL, AND ANY SUCH REALLOCATION BASED ON SUBSTANTIALLY THE SAME DUTIES AND RESPONSIBILITIES AS OF JUNE 30, 1932, WHICH WOULD INCREASE THE SALARY RATE OF THE EMPLOYEE, MUST BE CONSIDERED AS AN ADMINISTRATIVE PROMOTION AND PROHIBITED DURING THE FISCAL YEAR 1933, UNDER THE TERMS OF SECTION 202 OF THE ACT OF JUNE 30, 1932, 47 STAT. 403.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, JULY 12, 1932:

CONSIDERATION HAS BEEN GIVEN TO YOUR INDORSEMENT OF JUNE 16, 1932, AS FOLLOWS:

SUBJECT: MR. WILLIAM MESSNER, DETAIL DRAFTSMAN (SHIP) NAVY YARD, NEW YORK, N.Y., REQUESTS A RULING BY THE COMPTROLLER GENERAL WITH REGARD TO HIS STATUS.

1. RESPECTFULLY FORWARDED TO THE COMPTROLLER GENERAL OF THE UNITED STATES REQUESTING DECISION ON THE QUESTION PRESENTED IN BASIC LETTER AS TO THE PROPER PAY STATUS OF MR. MESSNER, DETAIL DRAFTSMAN (SHIP), NAVY YARD, NEW YORK.

2. MR. WILLIAM MESSNER WAS APPOINTED TEMPORARILY AS A DETAIL DRAFTSMAN (SHIP) IN THE COMMANDANT'S OFFICE, NAVY YARD, NEW YORK, N.Y., WITH PAY AT THE RATE OF $5.81 PER DIEM ON JANUARY 24, 1930. HE EXECUTED OATH OF OFFICE AND ENTERED UPON DUTY UNDER THIS APPOINTMENT JUNE 29, 1930. UNDER DATE OF SEPTEMBER 18, 1930, HE WAS GIVEN A PROBATIONAL APPOINTMENT, EFFECTIVE OCTOBER 1, 1930, IN THE SAME POSITION AND AT THE SAME RATE OF PAY. HE EXECUTED OATH OF OFFICE UNDER THIS APPOINTMENT SEPTEMBER 24, 1930, AND ENTERED UPON DUTY OCTOBER 1, 1930.

3. MR. MESSNER STATES THAT HE ACCEPTED THE TEMPORARY APPOINTMENT AT $5.81 PER DIEM WITH THE UNDERSTANDING THAT IF HE PASSED THE EXAMINATION AND HIS WORK WAS SATISFACTORY HIS PAY WOULD BE INCREASED. THE DEPARTMENT COULD NOT ISSUE HIS PROBATIONAL APPOINTMENT AT AN INCREASED RATE OF PAY, AS UNDER THE CIVIL SERVICE RULES TEMPORARY APPOINTEES ARE NOT ELIGIBLE FOR PROMOTION IN THEIR PRESENT CLASSIFICATION.

4. MR. MESSNER WAS TENTATIVELY ALLOCATED TO GRADE 4 OF THE SUBPROFESSIONAL SERVICE AT $1,860 PER ANNUM, EFFECTIVE JANUARY 1, 1931, UNDER THE PROVISIONS OF THE BROOKHART SALARY ACT AND THE DECISION OF THE COMPTROLLER GENERAL OF NOVEMBER 13, 1930 (10 COMP. GEN. 216), PENDING THE FINAL ALLOCATION OF HIS POSITION AND OTHER POSITIONS IN GROUP 4-B IN THE FIELD SERVICE OF THE DEPARTMENT. UNTIL SUCH CLASSIFICATION IS COMPLETED AND FUNDS ARE APPROPRIATED BY CONGRESS TO COVER THE COST OF SUCH CLASSIFICATION, THE FINAL ALLOCATION OF MR. MESSNER CAN NOT BE EFFECTED.

THE ADJUSTMENT IN THE COMPENSATION OF THIS FIELD EMPLOYEE HERETOFORE MADE BY THE NAVY DEPARTMENT WAS PURSUANT TO THE PROVISIONS OF SECTION 2 OF THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1005, AS FOLLOWS:

THE HEADS OF THE SEVERAL EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS ARE AUTHORIZED AND DIRECTED TO ADJUST THE COMPENSATION OF CERTAIN CIVILIAN POSITIONS IN THE FIELD SERVICES, THE COMPENSATION OF WHICH WAS ADJUSTED BY THE ACT OF DECEMBER 6, 1924 (43 STAT. 604), TO CORRESPOND, SO FAR AS MAY BE PRACTICABLE, TO THE RATES ESTABLISHED BY THE ACT OF MAY 28, 1928 (U.S.C., SUPP. 3, TITLE 5, SEC. 673), AND BY THIS ACT FOR POSITIONS IN THE DEPARTMENTAL SERVICES IN THE DISTRICT OF COLUMBIA: PROVIDED, THAT THE TERMS OF THIS ACT SHALL APPLY TO EMPLOYEES CARRIED UNDER GROUP 4-B, INCLUDING DRAFTING GROUPS IN THE SCHEDULE OF WAGES FOR CIVIL EMPLOYEES UNDER THE NAVAL ESTABLISHMENT, NOTWITHSTANDING THE FACT THAT THE COMPENSATION OF SUCH EMPLOYEES WAS NOT ADJUSTED BY THE ACT OF DECEMBER 6, 1924 (43 STAT. 604), OR THE ACT OF MAY 28, 1928. (U.S.C., SUPP. 3, TITLE 5, SEC. 673.)

AND THE EMPLOYEE BASES HIS REQUEST FOR READJUSTMENT--- WHICH IT IS UNDERSTOOD WOULD INCREASE HIS SALARY RATE--- ON THE SAME PROVISIONS.

SECTION 202 OF THE ACT OF JUNE 30, 1932, PUBLIC NO. 212, 47 STAT. 403, PROVIDES, IN PART, AS FOLLOWS:

NO ADMINISTRATIVE PROMOTIONS IN THE CIVIL BRANCH OF THE UNITED STATES GOVERNMENT OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA SHALL BE MADE DURING THE FISCAL YEAR ENDING JUNE 30, 1933: PROVIDED, THAT THE FILLING OF A VACANCY, WHEN AUTHORIZED BY THE PRESIDENT, BY THE APPOINTMENT OF AN EMPLOYEE OF A LOWER GRADE, SHALL NOT BE CONSTRUED AS AN ADMINISTRATIVE PROMOTION, BUT NO SUCH APPOINTMENT SHALL INCREASE THE COMPENSATION OF SUCH EMPLOYEE TO A RATE IN EXCESS OF THE MINIMUM RATE OF THE GRADE TO WHICH SUCH EMPLOYEE IS APPOINTED, UNLESS SUCH MINIMUM RATE WOULD REQUIRE AN ACTUAL REDUCTION IN COMPENSATION. * * *

ADMINISTRATIVE REALLOCATION OF A FIELD POSITION UNDER THE TERMS OF SECTION 2 OF THE BROOKHART SALARY ACT, SUPRA, IS EXCLUSIVELY WITHIN ADMINISTRATIVE CONTROL (11 COMP. GEN. 115), AND ANY SUCH REALLOCATION BASED ON SUBSTANTIALLY THE SAME DUTIES AND RESPONSIBILITIES AS OF JUNE 30, 1932, WHICH WOULD INCREASE THE SALARY RATE OF THE EMPLOYEE, MUST BE CONSIDERED AS AN ADMINISTRATIVE PROMOTION AND PROHIBITED DURING THE FISCAL YEAR 1933 UNDER THE TERMS OF SECTION 202 OF THE ACT OF JUNE 30, 1932, SUPRA.

ON THE BASIS OF THE FACTS PRESENTED, YOU ARE NOT AUTHORIZED TO REALLOCATE UPWARD THE POSITION OF THIS EMPLOYEE SO AS TO GIVE HIM AN INCREASE IN COMPENSATION DURING THE FISCAL YEAR 1933.