A-43285, JULY 20, 1932, 12 COMP. GEN. 80

A-43285: Jul 20, 1932

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ECONOMY ACT - ADMINISTRATIVE REALLOCATION A CHANGE IN THE STATUS AND DUTIES OF AN EMPLOYEE IN THE FIELD ACCOMPANIED BY AN ADMINISTRATIVE REALLOCATION DOWNWARD IN HIS POSITION IS NOT A PROMOTION WITHIN THE PURVIEW OF SECTION 202 OF THE ACT OF JUNE 30. THE RECOMMENDATION OF THE CHIEF OF ENGINEERS IS AS FOLLOWS: 1. APPROVAL IS RECOMMENDED OF A CHANGE IN THE DESIGNATION AND COMPENSATION OF MR. GRANT IS NOT UNWILLING TO ACCEPT THE CHANGES RECOMMENDED. GRANT WAS TRANSFERRED TO THE OFFICE OF THE DIVISION ENGINEER. AT THAT TIME IT WAS PLANNED TO EMPLOY HIM ON THE ST. IT WAS ALSO THOUGHT THAT. IT WAS LIKELY A SEPARATE ORGANIZATION WOULD BE SET UP TO CARRY FORWARD WORK ON THE PROJECT. IS SUCH THAT NO PREDICTION CAN BE MADE AS TO WHEN MUTUAL AGREEMENT WILL BE REACHED AND A TREATY CONCLUDED. 5.

A-43285, JULY 20, 1932, 12 COMP. GEN. 80

ECONOMY ACT - ADMINISTRATIVE REALLOCATION A CHANGE IN THE STATUS AND DUTIES OF AN EMPLOYEE IN THE FIELD ACCOMPANIED BY AN ADMINISTRATIVE REALLOCATION DOWNWARD IN HIS POSITION IS NOT A PROMOTION WITHIN THE PURVIEW OF SECTION 202 OF THE ACT OF JUNE 30, 1932, 47 STAT. 403, NOR DOES IT CONSTITUTE THE CREATING OR FILLING OF A VACANCY WITHIN THE PURVIEW OF SECTION 203 OF THE ACT AND MAY, THEREFORE, BE ACCOMPLISHED WITHOUT PRESIDENTIAL ACTION.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, JULY 20, 1932:

THERE HAS BEEN RECEIVED YOUR INDORSEMENT OF JULY 8, 1932, REQUESTING TO BE INFORMED WHETHER THE CHANGE IN THE STATUS OF A CERTAIN EMPLOYEE RECOMMENDED BY THE CHIEF OF ENGINEERS MAY BE MADE WITHOUT THE PRESIDENTIAL ACTION PRESCRIBED IN SECTION 202 OF THE ACT OF JUNE 30, 1932, PUBLIC, NO. 212, 47 STAT. 403.

THE RECOMMENDATION OF THE CHIEF OF ENGINEERS IS AS FOLLOWS:

1. APPROVAL IS RECOMMENDED OF A CHANGE IN THE DESIGNATION AND COMPENSATION OF MR. JAMES A. GRANT FROM PRINCIPAL ENGINEER (CIVIL) AT $5,600 PER ANNUM TO SENIOR ENGINEER (CIVIL) AT $5,200 PER ANNUM IN THE ENGINEER DEPARTMENT AT LARGE, CLEVELAND, OHIO, EFFECTIVE JULY 1, 1932.

2. MR. GRANT IS NOT UNWILLING TO ACCEPT THE CHANGES RECOMMENDED, AS EVIDENCED BY THE CORRESPONDENCE HEREWITH.

3. MR. GRANT WAS TRANSFERRED TO THE OFFICE OF THE DIVISION ENGINEER, GREAT LAKES DIVISION, FROM THE BALTIMORE DISTRICT ON NOVEMBER 16, 1931, WITH NO CHANGE IN HIS RATE OF COMPENSATION. AT THAT TIME IT WAS PLANNED TO EMPLOY HIM ON THE ST. LAWRENCE WATERWAY WORK IN CONNECTION WITH NEGOTIATIONS IN PROGRESS BETWEEN CANADIAN AUTHORITIES AND THE BOARD OF ENGINEERS APPOINTED BY SPECIAL ORDER NO. 30, MAY 14, 1930. THIS WORK INVOLVED ALTERNATE PLANS AND DESIGNS, CALCULATIONS, AND ESTIMATES OF A SPECIAL CHARACTER. IT WAS ALSO THOUGHT THAT, IN THE EVENT OF FAVORABLE CONSUMMATION OF THE NEGOTIATIONS, IT WAS LIKELY A SEPARATE ORGANIZATION WOULD BE SET UP TO CARRY FORWARD WORK ON THE PROJECT, TO WHICH MR. GRANT COULD BE ASSIGNED.

4. UP UNTIL RECENTLY MR. GRANT HAS BEEN ENGAGED PRIMARILY ON THE ST. LAWRENCE WORK. THE PRESENT STATUS OF THE NEGOTIATIONS, HOWEVER, IS SUCH THAT NO PREDICTION CAN BE MADE AS TO WHEN MUTUAL AGREEMENT WILL BE REACHED AND A TREATY CONCLUDED.

5. UNDER THESE CIRCUMSTANCES, IT IS PROPOSED TO DISCONTINUE FOR AN INDEFINITE PERIOD THE ST. LAWRENCE SPECIAL WORK ON WHICH MR. GRANT HERETOFORE HAS BEEN ENGAGED AND ASSIGN HIM TO NORMAL ENGINEERING DUTIES PERTAINING TO THE POSITION OF PRINCIPAL CIVIL ASSISTANT TO THE DIVISION ENGINEER, AT THE RATE OF COMPENSATION HEREIN RECOMMENDED.

SECTIONS 202 AND 203 OF THE ACT IN QUESTION PROVIDE 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. THE PRESIDENT SHALL SUBMIT TO CONGRESS A REPORT OF THE VACANCIES FILLED UNDER THIS SECTION UP TO NOVEMBER 1, 1932, ON THE FIRST DAY OF THE NEXT REGULAR SESSION. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO COMMISSIONED, COMMISSIONED WARRANT, WARRANT, AND ENLISTED PERSONNEL, AND CADETS OF THE COAST GUARD.

NO APPROPRIATION AVAILABLE TO ANY EXECUTIVE DEPARTMENT OR INDEPENDENT ESTABLISHMENT OR TO THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA DURING THE FISCAL YEAR ENDING JUNE 30, 1933, SHALL BE USED TO PAY THE COMPENSATION OF AN INCUMBENT APPOINTED TO ANY CIVIL POSITION UNDER THE UNITED STATES GOVERNMENT OR THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA WHICH IS VACANT ON JULY 1, 1932, OR TO ANY SUCH POSITION WHICH MAY BECOME VACANT AFTER SUCH DATE: PROVIDED, THAT THIS INHIBITION SHALL NOT APPLY (A) TO ABSOLUTELY ESSENTIAL POSITIONS THE FILLING OF WHICH MAY BE AUTHORIZED OR APPROVED IN WRITING BY THE PRESIDENT OF THE UNITED STATES, (B) TO TEMPORARY, EMERGENCY, SEASONAL, OR COOPERATIVE POSITIONS, OR (C) TO COMMISSIONED, COMMISSIONED WARRANT, WARRANT, AND ENLISTED PERSONNEL, AND CADETS OF THE COAST GUARD. THE APPROPRIATIONS OR PORTIONS OF APPROPRIATIONS UNEXPENDED BY THE OPERATION OF THIS SECTION SHALL NOT BE USED FOR ANY OTHER PURPOSES BUT SHALL BE IMPOUNDED AND RETURNED TO THE TREASURY, AND A REPORT OF ALL SUCH VACANCIES, THE NUMBER THEREOF FILLED, AND THE AMOUNTS UNEXPENDED, FOR THE PERIOD BETWEEN JULY 1, 1932, AND OCTOBER 31, 1932, SHALL BE SUBMITTED TO CONGRESS ON THE FIRST DAY OF THE NEXT REGULAR SESSION: PROVIDED, THAT SUCH IMPOUNDING OF FUNDS MAY BE WAIVED IN WRITING BY THE PRESIDENT OF THE UNITED STATES IN CONNECTION WITH ANY APPROPRIATION OR PORTION OF APPROPRIATION WHEN, IN HIS JUDGMENT, SUCH ACTION IS NECESSARY AND IN THE PUBLIC INTEREST.

AS THE CHANGE IN THE STATUS AND DUTIES OF THE EMPLOYEE IN QUESTION DOES NOT CONSTITUTE A PROMOTION OR THE APPOINTMENT OF AN EMPLOYEE FROM A LOWER GRADE TO A HIGHER ONE, SECTION 202 DOES NOT APPEAR TO BE APPLICABLE.

ALSO, THE REDUCTION IN THE EMPLOYEE'S COMPENSATION AS A RESULT OF A CHANGE IN, OR THE ELIMINATION OF A PART OF THE DUTIES OF, HIS POSITION, BEING IN THE NATURE OF A REALLOCATION DOWNWARD OF HIS POSITION, DOES NOT CONSTITUTE THE CREATING AND/OR FILLING OF A VACANCY WITHIN THE PURVIEW OF SECTION 203, SUPRA. HENCE THE PROPOSED CHANGE MAY BE ACCOMPLISHED WITHOUT PRESIDENTIAL ACTION.