A-44188, AUGUST 26, 1932, 12 COMP. GEN. 291

A-44188: Aug 26, 1932

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

ECONOMY ACT - FILLING OF VACANCIES - CHANGE IN DESIGNATION OF POSITIONS IF NO INCREASE IN COMPENSATION IS INVOLVED. MAY BE MADE WITHOUT THE PRIOR AUTHORITY OF THE PRESIDENT: REFERENCE IS MADE TO THE DEPARTMENT'S REQUEST. YOU ARE ADVISED THAT THE COMMISSION CAN NOT TAKE FURTHER ACTION IN THESE CASES UNTIL IT RECEIVES PRESIDENTIAL AUTHORITY FOR THE FILLING OF THE VACANCIES. BLANK FORMS OF AFFIDAVIT REGARDING MARITAL STATUS ARE INCLOSED. IT WAS HELD AS FOLLOWS: THE TRANSFER OF EMPLOYEES OF THE SAME GRADE OR CLASS FROM ONE POSITION TO ANOTHER. IS NOT TO BE REGARDED AS THE FILLING OF VACANCIES WITHIN THE MEANING OF SECTIONS 202 AND 203 OF THE ECONOMY ACT. IT WAS HELD AS FOLLOWS: THE INHIBITION OF SECTION 202 OF THE ECONOMY ACT IS AGAINST ADMINISTRATIVE PROMOTIONS.

A-44188, AUGUST 26, 1932, 12 COMP. GEN. 291

ECONOMY ACT - FILLING OF VACANCIES - CHANGE IN DESIGNATION OF POSITIONS IF NO INCREASE IN COMPENSATION IS INVOLVED, CHANGES IN THE DESIGNATION OF THE TITLE TO POSITIONS HELD BY EMPLOYEES WOULD NOT CONTRAVENE THE PROVISIONS OF SECTIONS 202 OR 203 OF THE ECONOMY ACT, AND WOULD NOT REQUIRE THE PRIOR AUTHORIZATION OR APPROVAL OF THE PRESIDENT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, AUGUST 26, 1932:

CONSIDERATION HAS BEEN GIVEN TO YOUR INDORSEMENT OF AUGUST 17, 1932, REQUESTING DECISION WHETHER THE PROPOSED CHANGES IN THE DESIGNATION OF EMPLOYEES, WITHOUT INCREASE IN COMPENSATION RATES, MENTIONED IN THE FOLLOWING COMMUNICATION TO THE WAR DEPARTMENT FROM THE CIVIL SERVICE COMMISSION, MAY BE MADE WITHOUT THE PRIOR AUTHORITY OF THE PRESIDENT:

REFERENCE IS MADE TO THE DEPARTMENT'S REQUEST, BY INDORSEMENT OF AUGUST 6, 1932, FOR AUTHORITY FOR THE CHANGE IN DESIGNATION OF CHARLES PRINGLE FROM ASSISTANT ARMAMENT FOREMAN TO ARMAMENT FOREMAN, AND ALFRED DOUSE FROM GENERAL MACHINIST TO RESIDENT MACHINIST, IN THE ORDNANCE DEPARTMENT, FORT SHAFTER, T.H.

YOU ARE ADVISED THAT THE COMMISSION CAN NOT TAKE FURTHER ACTION IN THESE CASES UNTIL IT RECEIVES PRESIDENTIAL AUTHORITY FOR THE FILLING OF THE VACANCIES, TOGETHER WITH AN AFFIDAVIT AS TO THE MARITAL STATUS OF MR. PRINGLE AND MR. DOUSE, IN ACCORDANCE WITH THE PROVISIONS OF THE LEGISLATIVE APPROPRIATION ACT OF JUNE 30, 1932. BLANK FORMS OF AFFIDAVIT REGARDING MARITAL STATUS ARE INCLOSED.

IN DECISION OF JULY 30, 1932, A-43525, 12 COMP. GEN. 142, IT WAS HELD AS FOLLOWS:

THE TRANSFER OF EMPLOYEES OF THE SAME GRADE OR CLASS FROM ONE POSITION TO ANOTHER, NOT INVOLVING ANY INCREASED EXPENDITURE FROM PERSONNEL APPROPRIATIONS FOR THE FISCAL YEAR 1933, IS NOT TO BE REGARDED AS THE FILLING OF VACANCIES WITHIN THE MEANING OF SECTIONS 202 AND 203 OF THE ECONOMY ACT.

IN DECISION OF AUGUST 19, 1932, A-44038, 12 COMP. GEN. 261, IT WAS HELD AS FOLLOWS:

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.

YOU ARE ADVISED, THEREFORE, THAT IF NO INCREASE IN COMPENSATION IS INVOLVED, THE CHANGES IN THE DESIGNATION OF THE TITLE TO THE POSITIONS HELD BY THE EMPLOYEES IN QUESTION WOULD NOT CONTRAVENE THE PROVISIONS OF SECTIONS 202 OR 203 OF THE ECONOMY ACT, AND, THEREFORE, WOULD NOT REQUIRE THE PRIOR AUTHORIZATION OR APPROVAL OF THE PRESIDENT.

IT IS TO BE UNDERSTOOD, OF COURSE, THAT THE PROPRIETY OF MAKING THE CHANGES IN DESIGNATION, AS WELL AS THE APPLICATION OF SECTION 213 OF THE ECONOMY ACT REQUIRING CERTAIN PREFERENCES TO BE GIVEN IN THE DISCHARGE AND APPOINTMENT OF EMPLOYEES, ARE NOT MATTERS FOR THE CONSIDERATION OF THIS OFFICE. SEE DECISION OF AUGUST 15, 1932, A 43810, 12 COMP. GEN. 245.