A-43346, JULY 16, 1932, 12 COMP. GEN. 66

A-43346: Jul 16, 1932

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IN ADDITION THERETO THEY WILL RECEIVE A REDUCTION OF 8 1/3 PERCENT UNDER SECTION 101 (B). WHICH WILL BE IMPOUNDED. BY REASON OF ALLOCATIONS WHICH ARE NOW POSSIBLE FROM EXPENSES TO SALARIES. COURT ROLL" IS A FIXED SUM. IT IS THE EARNEST DESIRE OF THE COURT EQUITABLY TO ADJUST. ALTERNATIVE METHODS OF DOING THIS ARE PROPOSED AS FOLLOWS: FIRST. TRANSFER TO THE "COMMISSIONERS' ROLL" OF SUCH OTHER OFFICERS AND EMPLOYEES WHOSE WORK IS DIRECTLY CONNECTED WITH THE WORK OF THE COMMISSIONERS. THE QUESTIONS THUS PRESENTED ARE: 1. THAT IS TO SAY. WILL SUCH RELEASED FUNDS BE IMPOUNDED? 3. MAY TRANSFER BE MADE FROM THE COURT'S ROLL OF ANY "OTHER OFFICERS AND EMPLOYEES OF THE COURT" (APPROPRIATION ACT) WHOSE WORK IS DIRECTLY CONNECTED WITH THE ACTIVITIES OF THE COMMISSIONERS.

A-43346, JULY 16, 1932, 12 COMP. GEN. 66

ECONOMY ACT - COURT OF CLAIMS - TRANSFER OF APPROPRIATIONS - FURLOUGHS FUNDS TRANSFERRED FROM ONE APPROPRIATION TO ANOTHER PURSUANT TO SECTION 317 OF THE ACT OF JUNE 30, 1932, 47 STAT. 411, MAY NOT BE USED FOR PURPOSES NOT AUTHORIZED BY THE APPROPRIATION TO WHICH TRANSFERRED. FUNDS SAVED BY ADMINISTRATIVE FURLOUGHS UNDER SECTION 216 OF THE ACT OF JUNE 30, 1932, 47 STAT. 407, FOR PURPOSE OF CONSERVING APPROPRIATIONS, MAY BE USED FOR THE PAYMENT OF SALARIES TO THOSE RETAINED UPON DUTY, BUT FUNDS SAVED BY LEGISLATIVE FURLOUGHS AND PAY REDUCTIONS AS IN TITLE I OF THE ACT MUST BE IMPOUNDED AND SUCH IMPOUNDING MAY NOT BE WAIVED BY THE PRESIDENT. FUNDS SAVED BY THE PROHIBITION AGAINST FILLING VACANCIES MUST BE IMPOUNDED, BUT SUCH IMPOUNDING MAY BE WAIVED BY THE PRESIDENT.

COMPTROLLER GENERAL MCCARL TO HON. RICHARD S. WHALEY, UNITED STATES COURT OF CLAIMS, JULY 16, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 11, 1932, AS FOLLOWS:

THE APPROPRIATION FOR THE COURT OF CLAIMS FOR THE FISCAL YEAR ENDING JUNE 30, 1933 (PUBLIC, NO. 232, 72D CONGRESS, APPROVED JULY 1, 1932), PROVIDES THE SPECIFIC SUM OF $55,000 FOR ITS OFFICERS AND EMPLOYEES, A REDUCTION, APPROXIMATELY, OF 18 2/3 PERCENT FROM THE PREVIOUS YEAR'S PROVISION OF $67,623. IN ADDITION THERETO THEY WILL RECEIVE A REDUCTION OF 8 1/3 PERCENT UNDER SECTION 101 (B), LEGISLATIVE APPROPRIATION ACT OF JUNE 30, 1932 (PUBLIC, NO. 212, 72D CONGRESS), WHICH WILL BE IMPOUNDED, A TOTAL REDUCTION OF 27 PERCENT.

FOR THE SALARIES AND EXPENSES OF THE COMMISSIONERS THE 1933 APPROPRIATION CARRIES A LUMP SUM OF $75,000, A REDUCTION OF 13.16 PERCENT FROM THE PREVIOUS AMOUNT OF $84,870.

BY REASON OF ALLOCATIONS WHICH ARE NOW POSSIBLE FROM EXPENSES TO SALARIES, THE COURT MAY CONFINE THE REDUCTION ON THE "COMMISSIONERS' ROLL" TO 8 1/3 PERCENT. THE AMOUNT ALLOWED ON THE ,COURT ROLL" IS A FIXED SUM, VIZ, $55,000, AND THIS MAY NOT BE INCREASED EXCEPT BY TRANSFER OF A PORTION OF THE $75,000 PROVIDED FOR SALARIES AND EXPENSES OF THE COMMISSIONERS.

ASIDE FROM THE APPARENT PURPOSE OF CONGRESS TO PRESERVE THE NOMINAL WAGE LEVEL, AS INDICATED BY THE IMPOUNDING FEATURE OF THE ACT, IT IS THE EARNEST DESIRE OF THE COURT EQUITABLY TO ADJUST, IN SO FAR AS THE LAW MAY PERMIT, THE PAY BETWEEN ITS TWO SETS OF OFFICERS AND EMPLOYEES, THOSE ON THE "COURT ROLL," AND THOSE ON THE "COMMISSIONERS' ROLL.'

ALTERNATIVE METHODS OF DOING THIS ARE PROPOSED AS FOLLOWS:

FIRST. TRANSFER OF 12 PERCENT OF THE COMMISSIONERS' FUND OF $75,000, VIZ, $9,000, TO THE COURT'S FUND OF $55,000, AND FURLOUGHING OR DISMISSING SUCH OFFICERS OR EMPLOYEES AS MAY BE NECESSARY FURTHER TO EFFECT THE DESIRED LEVEL, USING THE FUNDS RELEASED BY FURLOUGHS OR DISMISSALS FOR PAY ADJUSTMENTS.

SECOND. TRANSFER TO THE "COMMISSIONERS' ROLL" OF SUCH OTHER OFFICERS AND EMPLOYEES WHOSE WORK IS DIRECTLY CONNECTED WITH THE WORK OF THE COMMISSIONERS, AND FURLOUGHING OR DISMISSING SUCH OFFICERS OR EMPLOYEES AS MAY BE NECESSARY FURTHER TO EFFECT THE DESIRED LEVEL, USING THE FUNDS RELEASED BY FURLOUGHS OR DISMISSALS FOR PAY ADJUSTMENT.

THE QUESTIONS THUS PRESENTED ARE:

1. MAY TRANSFER BE MADE FROM THE LUMP SUM OF $75,000 FOR COMMISSIONERS' SALARIES AND EXPENSES TO THE SPECIFIC SUM OF $55,000 FOR THE COURT'S OTHER OFFICERS AND EMPLOYEES?

2. MAY FUNDS SAVED BY FURLOUGHS (OTHER THAN THOSE UNDER SECTION 101 (B) ( OR SEVERANCES FROM THE SERVICE BE APPLIED TO THE EQUITABLE ADJUSTMENT OF SALARIES AS CONTEMPLATED, THAT IS TO SAY, WILL SUCH RELEASED FUNDS BE IMPOUNDED?

3. MAY TRANSFER BE MADE FROM THE COURT'S ROLL OF ANY "OTHER OFFICERS AND EMPLOYEES OF THE COURT" (APPROPRIATION ACT) WHOSE WORK IS DIRECTLY CONNECTED WITH THE ACTIVITIES OF THE COMMISSIONERS, TO THE PERSONNEL APPROPRIATED FOR UNDER "SALARIES AND EXPENSES OF THE OMMISSIONERS?

IN ORDER THAT THE COURT MAY NOT BE EMBARRASSED FOR LACK OF PERSONNEL WHILE IT IS IN SESSION, YOUR DETERMINATION OF A FOURTH QUESTION IS REQUESTED, AS FOLLOWS:

4. MAY ITS PERSONNEL BE FURLOUGHED UNDER TITLE I, PART II, OF THE LEGISLATIVE ACT, SO THAT IT WILL BE ON DUTY FOR THE USUAL 5 1/2 DAYS OR MORE PER WEEK DURING THE ACTUAL SITTING OF THE COURT, I.E., OCTOBER TO JUNE, INCLUSIVE, WHEN ITS SERVICES ARE IMPERATIVE, AND STILL RECEIVE A UNIFORM PAYMENT ON EACH OF THE 24 PAY DAYS, THAT IS, SUFFER ONLY PAY DEDUCTIONS EACH HALF MONTH OF 1 1/4 DAYS ONLY?

THE COURT WILL APPRECIATE YOUR EARLY DETERMINATION OF THE QUESTIONS PRESENTED OR INVOLVED AND WILL BE GREATLY AIDED THEREBY IN ITS APPLICATION OF THE STATUTE.

WITH REFERENCE TO YOUR SUGGESTION THAT THE EMPLOYEES HAVE SUFFERED A REDUCTION OF 18 2/3 PERCENT AND 8 1/3 PERCENT, OR A TOTAL OF 27 PERCENT, IT IS TO BE OBSERVED THAT THE PRESENT APPROPRIATION OF $117,500 FOR SALARIES INCLUDES AN ALLOTMENT OF $55,000 FOR "OTHER OFFICERS AND EMPLOYEES OF THE COURT.' IN SO FAR AS THIS ALLOTMENT IS LESS THAN WAS AVAILABLE FOR SUCH PURPOSES IN THE PRIOR FISCAL YEAR, IT IS A REDUCTION IN THE AMOUNT AVAILABLE AND NOT A REDUCTION IN COMPENSATION OF INDIVIDUAL EMPLOYEES. THE INDIVIDUAL EMPLOYEES WITH RESPECT TO REDUCTION OF COMPENSATION ARE SUBJECT TO THE FURLOUGH AND/OR PERCENTAGE REDUCTIONS, AND THE LESSER AMOUNT OF AN APPROPRIATION MADE AVAILABLE REFERRED TO IS NOT TO BE CLASSED AS A REDUCTION OF COMPENSATION OF INDIVIDUALS. ADMINISTRATIVE FURLOUGHS TO KEEP WITHIN THE APPROPRIATION AMOUNT AVAILABLE MAY CAUSE INDIVIDUALS TO BE WITHOUT WORK OR PAY FOR PERIODS THAT ARE NOT KNOWN OR THE AMOUNTS OR PERCENTAGE OF LOSS TO THEM ASCERTAINABLE UNTIL SUCH ADMINISTRATIVE FURLOUGH IS DIRECTED.

SECTION 317 OF PART II OF THE ACT OF JUNE 30, 1932, PUBLIC NO. 212, 47 STAT. 411, PROVIDES:

NOT TO EXCEED 12 PERCENTUM OF ANY APPROPRIATION FOR AN EXECUTIVE DEPARTMENT OR INDEPENDENT ESTABLISHMENT, INCLUDING THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA, FOR THE FISCAL YEAR ENDING JUNE 30, 1933, MAY BE TRANSFERRED, WITH THE APPROVAL OF THE DIRECTOR OF THE BUREAU OF THE BUDGET (OR, IN THE CASE OF THE WAR DEPARTMENT AND NAVY DEPARTMENT, WITH THE APPROVAL OF THE PRESIDENT), TO ANY OTHER APPROPRIATION OR APPROPRIATIONS UNDER THE SAME DEPARTMENT OR ESTABLISHMENT, BUT NO APPROPRIATION SHALL BE INCREASED MORE THAN 15 PERCENTUM BY SUCH TRANSFERS: PROVIDED, THAT A STATEMENT OF ALL TRANSFERS OF APPROPRIATIONS MADE HEREUNDER SHALL BE INCLUDED IN THE ANNUAL BUDGET FOR THE FISCAL YEAR 1935, AND A STATEMENT OF ALL TRANSFERS OF APPROPRIATIONS MADE HEREUNDER UP TO THE TIME OF THE SUBMISSION OF THE ANNUAL BUDGET FOR THE FISCAL YEAR 1934, AND ALL CONTEMPLATED TRANSFERS DURING THE REMAINDER OF THE FISCAL YEAR 1933, SHALL BE INCLUDED IN THE ANNUAL BUDGET FOR THE FISCAL YEAR 1934.

THE TWO APPROPRIATIONS NAMED IN YOUR SUBMISSION ARE FOUND IN THE ACT OF JULY 1, 1932, PUBLIC, NO. 232, 47 STAT. 491, UNDER THE HEADING "COURT OF CLAIMS," AS FOLLOWS:

SALARIES: CHIEF JUSTICE, $12,500; FOUR JUDGES, AT $12,500 EACH; AND ALL OTHER OFFICERS AND EMPLOYEES OF THE COURT, $55,000; IN ALL, $117,500.

SALARIES AND EXPENSES OF COMMISSIONERS: FOR SALARIES OF SEVEN COMMISSIONERS, AT $17,500 EACH, AND FOR TRAVEL EXPENSES, COMPENSATION OF STENOGRAPHERS AUTHORIZED BY THE COURT, AND FOR STENOGRAPHIC AND OTHER FEES AND CHARGES NECESSARY IN THE TAKING OF TESTIMONY AND IN THE PERFORMANCE OF THE DUTIES AS AUTHORIZED BY THE ACT ENTITLED "AN ACT AMENDING SECTION 2 AND REPEALING SECTION 3 OF THE ACT APPROVED FEBRUARY 24, 1925 (43 STAT., P. 964, CH. 301), ENTITLED ,AN ACT TO AUTHORIZE THE APPOINTMENT OF COMMISSIONERS BY THE COURT OF CLAIMS AND TO PRESCRIBE THEIR POWERS AND COMPENSATION," AND FOR OTHER PURPOSES," APPROVED JUNE 23, 1930 (46 STAT., P. 799), $75,000.

SEE ALSO SECTION 803 OF SAID ACT OF JUNE 30, 1932.

THE APPROPRIATION FOR SALARIES AND EXPENSES OF COMMISSIONERS IS SPECIFICALLY AVAILABLE, SO FAR AS PERSONAL SERVICES ARE CONCERNED, ONLY FOR THE COMPENSATION OF THE COMMISSIONERS AND THEIR STENOGRAPHERS. HENCE, OTHER EMPLOYEES OF THE COURT COULD NOT BE TRANSFERRED TO THE COMMISSIONERS' ROLL AND BE PAID UNDER THE APPROPRIATION OF $75,000 MADE FOR "SALARIES AND EXPENSES OF COMMISSIONERS.' ON THE OTHER HAND, FUNDS TRANSFERRED FROM THE APPROPRIATION FOR THE SALARIES AND EXPENSES OF COMMISSIONERS TO THE APPROPRIATION "FOR OFFICERS AND EMPLOYEES OF THE COURT" UNDER AUTHORITY OF AND IN ACCORDANCE WITH THE PROVISIONS OF SECTION 317 OF THE ACT OF JUNE 30, 1932, WOULD BE AVAILABLE FOR THE COMPENSATION OF ANY AUTHORIZED EMPLOYEES OF THE COURT. QUESTIONS 1 AND 3 ARE ANSWERED ACCORDINGLY.

ALL FUNDS SAVED BY THE APPLICATION OF THE LEGISLATIVE FURLOUGHS AND PAY REDUCTIONS PROVIDED BY TITLE I OF THE ECONOMY ACT ARE REQUIRED BY SECTION 110 OF THAT ACT TO BE IMPOUNDED AND NO PROVISION IS MADE FOR ANY WAIVER OF THIS REQUIREMENT. FUNDS UNEXPENDED BY REASON OF THE PROHIBITION IN SECTION 203 AGAINST FILLING VACANCIES ARE ALSO REQUIRED TO BE IMPOUNDED, BUT THE IMPOUNDING OF SUCH FUNDS MAY BE WAIVED BY THE PRESIDENT. ACCORDINGLY, IN ANSWER TO QUESTION 2, YOUR ARE INFORMED THAT THE FUNDS SAVED BY ADMINISTRATIVE FURLOUGHS UNDER SECTION 216, TITLE II, OF THE ACT, THAT IS, FURLOUGHS NOT UNDER SECTION 101 (B) BUT FOR THE PURPOSE OF CONSERVING APPROPRIATIONS, MAY BE USED FOR THE PAYMENT OF SALARIES OF THOSE RETAINED ON DUTY. FUNDS RELEASED BY SEVERANCES FROM THE SERVICE (VACANCIES) MAY NOT BE SO USED, BUT MUST BE IMPOUNDED UNLESS SUCH IMPOUNDING IS WAIVED IN WRITING BY THE PRESIDENT.

QUESTION 4 IS UNDERSTOOD AS ASKING WHETHER THE PERSONNEL MAY BE REQUIRED TO TAKE--- THAT IS, BE ABSENT FOR--- ALL OF THE 24 DAYS' FURLOUGH BETWEEN JULY 1, 1932, AND THE CONVENING OF THE COURT IN OCTOBER, AND STILL HAVE THEIR COMPENSATION REDUCED BY ONLY ONE AND ONE FOURTH DAYS EACH HALF MONTH. SECTION 101 (B) LIMITS THE AMOUNT OF FURLOUGH WHICH ANY EMPLOYEE MAY BE REQUIRED TO TAKE IN ANY ONE MONTH TO FIVE DAYS. HOWEVER, THERE IS NO OBJECTION TO EMPLOYEES VOLUNTARILY TAKING ALL OF THE REQUIRED FURLOUGH AT ONE TIME OR AT SUCH TIMES AS MAY BE CONVENIENT FOR THE COURT, BUT IF THE NUMBER OF DAYS SO TAKEN IS IN EXCESS OF THE NUMBER OF DAYS FOR WHICH PAY DEDUCTIONS HAVE ALREADY BEEN MADE AT THE RATE OF ONE AND ONE-FOURTH DAYS' PAY FOR EACH WORKING DAY'S ABSENCE, DEDUCTIONS AT THE SAME RATE MUST BE MADE FOR THE EXCESS. SEE DECISION OF JULY 8, 1932, A-43276, 12 COMP. GEN. 16. THERE MAY BE BROUGHT TO ATTENTION ALSO THE FOLLOWING PROVISIONS OF THE ECONOMY CT:

SEC. 105. DURING THE FISCAL YEAR ENDING JUNE 30, 1933---

(D) IN THE CASE OF THE FOLLOWING PERSONS THE RATE OF COMPENSATION IS REDUCED AS FOLLOWS: IF MORE THAN $1,000 PER ANNUM BUT LESS THAN $10,000 PER ANNUM, 8 1/3 PERCENTUM; IF $10,000 PER ANNUM OR MORE, BUT LESS THAN $12,000 PER ANNUM, 10 PERCENTUM; IF $12,000 PER ANNUM OR MORE, BUT LESS THAN $15,000 PER ANNUM, 12 PERCENTUM; IF $15,0000 PER ANNUM OR MORE, BUT LESS THAN $20,000 PER ANNUM, 15 PERCENTUM; IF $20,000 PER ANNUM OR MORE, 20 PERCENTUM:

(6) OFFICERS AND EMPLOYEES (AS DEFINED IN SECTION 104 (A) OCCUPYING POSITIONS THE NATURE OF THE DUTIES AND PERIODS OF WORK OF WHICH MAKE IT IMPRACTICABLE TO APPLY THE PROVISIONS OF SUBSECTIONS (A) AND (B) OF SECTION 101.

OF COURSE, OFFICES AND EMPLOYEES WITHIN THE PROVISIONS OF THIS SECTION ARE NOT ENTITLED TO LEAVE WITH PAY (SEE SEC. 103) OR TO NOT BE ON DUTY EXCEPT DURING PERIODS, IF SUCH THERE BE, WHEN THE ACTIVITIES OF THE ESTABLISHMENT OR SERVICE UNDER WHICH THEY ARE EMPLOYED ARE AS A PART OF ROUTINE PROCEDURE SUSPENDED AS A WHOLE--- THAT IS, WHEN THE COURT IS NOT SITTING--- AND THERE HAS BEEN NO ADMINISTRATIVE FURLOUGH. SEE A-43204, JULY 14, 1932, 12 COMP. GEN. 37.