A-43578, JULY 29, 1932, 12 COMP. GEN. 141

A-43578: Jul 29, 1932

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ECONOMY ACT - ADMINISTRATIVE REALLOCATION A CHANGE IN THE STATUS AND DUTIES OF AN EMPLOYEE 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. IT WAS STATED THAT THE CHANGE IN THE DUTIES AND COMPENSATION OF AN EMPLOYEE FROM PRINCIPAL ENGINEER AT $5.

A-43578, JULY 29, 1932, 12 COMP. GEN. 141

ECONOMY ACT - ADMINISTRATIVE REALLOCATION A CHANGE IN THE STATUS AND DUTIES OF AN EMPLOYEE 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 29, 1932:

THERE HAS BEEN RECEIVED BY INDORSEMENT OF THE ADMINISTRATIVE ASSISTANT OF JULY 22, 1932, A REQUEST FOR DECISION WHETHER W. VINCENT MCDOUGAL, ARCHITECT, AT $3,800 PER ANNUM, OFFICE OF THE CONSTRUCTING QUARTERMASTER, WASHINGTON, D.C., MAY BE RECALLED FROM FURLOUGH AND DEMOTED TO ASSOCIATE ARCHITECT AT $3,200 PER ANNUM WITHOUT THE NECESSITY OF PRESIDENTIAL ACTION.

IN DECISION TO YOU OF JULY 20, 1932, A-43285, 12 COMP. GEN. 80, IT WAS STATED THAT THE CHANGE IN THE DUTIES AND COMPENSATION OF AN EMPLOYEE FROM PRINCIPAL ENGINEER AT $5,600 PER ANNUM TO SENIOR ENGINEER AT $5,200 PER ANNUM, 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 OF THE ECONOMY ACT OF JUNE 30, 1932, AND HENCE MAY BE ACCOMPLISHED WITHOUT PRESIDENTIAL ACTION. THE DEMOTION OF MR. MCDOUGAL WOULD APPEAR TO BE A PARALLEL CASE, AND, ACCORDINGLY, MAY BE ACCOMPLISHED BY ADMINISTRATIVE ACTION WITHOUT THE NECESSITY OF PRESIDENTIAL APPROVAL UNDER THE ECONOMY ACT.