A-43568, AUGUST 2, 1932, 12 COMP. GEN. 158

A-43568: Aug 2, 1932

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IS NOT TO BE REGARDED AS THE FILLING OF VACANCIES WITHIN THE MEANING OF SECTION 203 OF THE ECONOMY ACT AND DOES NOT REQUIRE THE APPROVAL OF THE PRESIDENT. IT IS RECOMMENDED THAT THE SALARY OF CLERK WILLARD E. CAMPBELL DESIRES THIS TRANSFER FOR HIS OWN CONVENIENCE AND WILL BE TRANSFERRED WITHOUT EXPENSE TO THE GOVERNMENT. NO FUNDS ARE AVAILABLE TO COVER THE RATE OF $1. 800 IS RECOMMENDED. 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. OR OTHER APPROPRIATION UNIT WHICH DOES NOT INVOLVE ANY INCREASED EXPENDITURE OF APPROPRIATED FUNDS PROVIDED FOR THE FISCAL YEAR 1933 IS NOT TO BE REGARDED AS THE FILLING OF A VACANCY WITHIN THE MEANING OF SECTION 203 OF THE ECONOMY ACT AND DOES NOT REQUIRE THE APPROVAL OF THE PRESIDENT.

A-43568, AUGUST 2, 1932, 12 COMP. GEN. 158

ECONOMY ACT - FILLING OF VACANCIES - TRANSFERS THE SIMULTANEOUS TRANSFER OF TWO EMPLOYEES UNDER THE SAME BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT, WHICH DOES NOT INVOLVE INCREASED EXPENDITURE OF APPROPRIATED FUNDS PROVIDED FOR THE FISCAL YEAR 1933, IS NOT TO BE REGARDED AS THE FILLING OF VACANCIES WITHIN THE MEANING OF SECTION 203 OF THE ECONOMY ACT AND DOES NOT REQUIRE THE APPROVAL OF THE PRESIDENT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, AUGUST 2, 1932:

THERE HAS BEEN RECEIVED YOUR COMMUNICATION OF JULY 19, 1932, REQUESTING DECISION WHETHER THE SIMULTANEOUS TRANSFER OF TWO EMPLOYEES PROPOSED IN THE FOLLOWING RECOMMENDATION MADE BY THE OFFICE OF THE QUARTERMASTER GENERAL OF THE ARMY REQUIRES THE APPROVAL OF THE PRESIDENT UNDER THE TERMS OF SECTION 203 OF THE ECONOMY ACT OF JUNE 30, 1932, PUBLIC NO. 212, 47 STAT. 403:

1. IT IS RECOMMENDED THAT THE SALARY OF CLERK WILLARD E. CAMPBELL, IN THE QUARTERMASTER CORPS, NOW ON DUTY AT FORT WORDEN, WASHN., BE REDUCED FROM $1,860 PER ANNUM TO $1,800 PER ANNUM, TO BE EFFECTIVE THE DATE HE REPORTS FOR DUTY AT BEAUMONT GENERAL HOSPITAL, EL PASO, TEXAS.

2. MR. CAMPBELL DESIRES THIS TRANSFER FOR HIS OWN CONVENIENCE AND WILL BE TRANSFERRED WITHOUT EXPENSE TO THE GOVERNMENT, IN EXCHANGE WITH CLERK HAROLD L. CLEMENTS, CLERK AT $1,800, ALSO TO BE TRANSFERRED AT HIS OWN EXPENSE. NO FUNDS ARE AVAILABLE TO COVER THE RATE OF $1,860 AT BEAUMONT HOSPITAL, THEREFORE THE REDUCTION IN MR. CAMPBELL'S SALARY TO $1,800 IS RECOMMENDED.

SECTION 203 OF THE ECONOMY ACT PROVIDES, IN PART, AS FOLLOWS:

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, * * *

THE SIMULTANEOUS TRANSFER OF TWO EMPLOYEES UNDER THE SAME BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT WHICH DOES NOT INVOLVE ANY INCREASED EXPENDITURE OF APPROPRIATED FUNDS PROVIDED FOR THE FISCAL YEAR 1933 IS NOT TO BE REGARDED AS THE FILLING OF A VACANCY WITHIN THE MEANING OF SECTION 203 OF THE ECONOMY ACT AND DOES NOT REQUIRE THE APPROVAL OF THE PRESIDENT. IT IS UNDERSTOOD THAT THE TRANSFER OF MR. CLEMENTS IS TO BE AT HIS PRESENT SALARY OF $1,800. HENCE, THERE IS INVOLVED NO QUESTION OF AN ADMINISTRATIVE PROMOTION IN CONTRAVENTION OF THE PROVISIONS OF SECTION 202 OF THE ACT. ACCORDINGLY, THERE WOULD APPEAR TO BE NO LEGAL OBJECTION TO THE PROPOSED TRANSFER WITHOUT THE APPROVAL OF THE PRESIDENT RECOMMENDED BY THE OFFICE OF THE QUARTERMASTER GENERAL OF THE ARMY.