A-44038, AUGUST 19, 1932, 12 COMP. GEN. 261

A-44038: Aug 19, 1932

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ARE NOT PROHIBITED BY SECTION 202 OF THE ECONOMY ACT. THERE IS INVOLVED NEITHER AN ADMINISTRATIVE PROMOTION WITHIN THE PURVIEW OF SECTION 202 NOR THE FILLING OF A VACANCY WITHIN THE PURVIEW OF SECTION 203 OF THE ECONOMY ACT. WHERE THE DUTIES OF A VACANT POSITION ARE ADDED TO ONE OR MORE OTHER POSITIONS. THE IMPOUNDING PROVISIONS OF SECTION 203 ARE FOR APPLICATION WITH RESPECT TO THE VACANCY. WAS ASSIGNED ADDITIONAL DUTIES AND RESPONSIBILITIES IN OCTOBER. IS REGARDED AS THE PROPER ALLOCATION OF HIS POSITION ON THE BASIS OF THE CHANGED DUTIES AND RESPONSIBILITIES. IS EXCLUSIVELY WITHIN ADMINISTRATIVE CONTROL (11 COMP. IS TO BE REGARDED AS AN ADMINISTRATIVE PROMOTION WITHIN THE MEANING OF SECTION 202 OF THE ECONOMY ACT.

A-44038, AUGUST 19, 1932, 12 COMP. GEN. 261

ECONOMY ACT - FILLING OF VACANCIES ADJUSTMENTS IN THE DUTIES AND RESPONSIBILITIES OF PERSONNEL, EITHER IN THE DEPARTMENTAL OR IN THE FIELD SERVICE, WHICH DO NOT INVOLVE ANY INCREASED EXPENDITURE OF APPROPRIATED FUNDS OR WHICH DO NOT DEFEAT THE IMPOUNDING OF SALARIES OF VACANT POSITIONS, ARE NOT PROHIBITED BY SECTION 202 OF THE ECONOMY ACT. WHERE NEW DUTIES ADDED TO AN EXISTING POSITION REQUIRE ITS ALLOCATION TO A HIGHER GRADE, WITH NO INCREASE IN COMPENSATION, THERE IS INVOLVED NEITHER AN ADMINISTRATIVE PROMOTION WITHIN THE PURVIEW OF SECTION 202 NOR THE FILLING OF A VACANCY WITHIN THE PURVIEW OF SECTION 203 OF THE ECONOMY ACT, BUT WHERE THE DUTIES OF A VACANT POSITION ARE ADDED TO ONE OR MORE OTHER POSITIONS, THE IMPOUNDING PROVISIONS OF SECTION 203 ARE FOR APPLICATION WITH RESPECT TO THE VACANCY.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, AUGUST 19, 1932:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF AUGUST 11, 1932, AS FOLLOWS:

AN EMPLOYEE OF THIS DEPARTMENT IN ALASKA, RECEIVING A SALARY OF $2,100 PER ANNUM IN FIELD GRADE 8, CORRESPONDING TO CAF GRADE 4 OF THE CLASSIFICATION ACT, WAS ASSIGNED ADDITIONAL DUTIES AND RESPONSIBILITIES IN OCTOBER, 1931. FIELD GRADE 9, CORRESPONDING TO CAF 5, IS REGARDED AS THE PROPER ALLOCATION OF HIS POSITION ON THE BASIS OF THE CHANGED DUTIES AND RESPONSIBILITIES.

YOUR DECISION A-42955 OF JULY 12, 1932, HELD THAT---

"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 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.'

WOULD REALLOCATION OF THE ABOVE-MENTIONED POSITION TO FIELD GRADE 9 WITHOUT ANY CHANGE IN THE SALARY RATE OF THE EMPLOYEE BE PROHIBITED? NOT, WOULD SUCH REALLOCATION REQUIRE THE PRESIDENT'S APPROVAL?

YOUR DECISION A-43462 OF JULY 28, 1932, HOLDS THAT---

"THE ADMINISTRATIVE ASSIGNMENT OF AN EMPLOYEE TO THE DUTIES OF A HIGHER GRADE ON OR SUBSEQUENT TO JULY 1, 1932, OR THE ADDING TO OR CHANGING THE DUTIES OF AN EMPLOYEE TO SUCH AN EXTENT AS WOULD REQUIRE OR AUTHORIZE THE ALLOCATION OR REALLOCATION OF THE POSITION TO A HIGHER GRADE INVOLVING AN INCREASE IN COMPENSATION, IS TO BE REGARDED AS AN ADMINISTRATIVE PROMOTION WITHIN THE MEANING OF SECTION 202 OF THE ECONOMY ACT, AND, THEREFORE, PROHIBITED DURING THE FISCAL YEAR 1933 UNLESS AUTHORIZED OR APPROVED IN WRITING BY THE PRESIDENT AS THE FILLING OF A VACANCY BY THE APPOINTMENT THERETO OF AN EMPLOYEE OF A LOWER GRADE.'

THE QUESTION ON WHICH THIS RULING WAS MADE REFERRED TO POSITIONS IN THE DEPARTMENTAL SERVICE. WOULD SUCH ALLOCATIONS OR REALLOCATIONS WHICH INVOLVE NO INCREASE IN COMPENSATION REQUIRE THE APPROVAL OF THE PRESIDENT? IS THE RULING APPLICABLE TO FIELD POSITIONS?

THE RULE ANNOUNCED IN DECISION OF JULY 12, 1932, SUPRA, IS APPLICABLE ONLY IN THE FIELD SERVICE. AS TO THE DEPARTMENTAL SERVICE SEE DECISION OF JULY 26, 1932, A-43462, 12 COMP. GEN. 120. THE QUOTATION FROM THE DECISION OF JULY 28, 1932, SUPRA, 12 COMP. GEN. 128, IS APPLICABLE EITHER IN THE DEPARTMENTAL OR FIELD SERVICE. THE INHIBITION OF SECTION 202 OF THE ECONOMY ACT IS AGAINST ADMINISTRATIVE PROMOTIONS. SAID SECTION DOES NOT PROHIBIT ADJUSTMENTS IN THE DUTIES AND RESPONSIBILITIES OF PERSONNEL, EITHER IN THE DEPARTMENTAL OR IN THE FIELD SERVICE, WHICH DO NOT INVOLVE ANY INCREASED EXPENDITURE OF APPROPRIATED FUNDS OR WHICH DO NOT DEFEAT THE IMPOUNDING OF SALARIES OF VACANT POSITIONS, THE FILLING OF WHICH HAS NOT BEEN AUTHORIZED OR APPROVED BY THE PRESIDENT.

WHERE NEW DUTIES ARISE AND ARE ADDED TO AN EXISTING POSITION REQUIRING ITS ALLOCATION TO A HIGHER GRADE, BUT WITH NO INCREASE IN COMPENSATION, THERE IS INVOLVED NEITHER AN ADMINISTRATIVE PROMOTION WITHIN THE PURVIEW OF SECTION 202 NOR THE FILLING OF A VACANCY WITHIN THE PURVIEW OF SECTION 203. BUT WHERE THE DUTIES OF A POSITION THAT HAS BECOME VACANT ARE ADDED TO ONE OR MORE OTHER POSITIONS--- REGARDLESS OF WHETHER THE ADDED DUTIES DO OR DO NOT REQUIRE A REALLOCATION OF SUCH POSITIONS--- THE IMPOUNDING PROVISIONS OF SECTION 203 ARE FOR APPLICATION WITH RESPECT TO THE VACANCY.