A-44521, SEPTEMBER 14, 1932, 12 COMP. GEN. 354

A-44521: Sep 14, 1932

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IS PROHIBITED AS AN "ADMINISTRATIVE PROMOTION.'. AS FOLLOWS: IT IS UNDERSTOOD THAT APPOINTEES TO ABSOLUTELY ESSENTIAL POSITIONS IN THE FIELD SERVICE FILLED BY AUTHORITY OF THE PRESIDENT UNDER SECTION 203 OF THE ECONOMY ACT MAY BE SELECTED FROM AMONG EMPLOYEES ALREADY IN THE SERVICE. DECISION IS REQUESTED WHETHER THIS CAN ALSO BE DONE IN CASES WHERE THE APPOINTMENT IS TEMPORARY OR MADE IN AN EMERGENCY UNDER THE SAME SECTION OF THE ECONOMY ACT. NO SUCH APPOINTMENT SHALL INCREASE THE COMPENSATION OF SUCH EMPLOYEE TO A RATE IN EXCESS OF THE MINIMUM RATE OF THE GRADE TO WHICH SUCH EMPLOYEE IS APPOINTED. 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.

A-44521, SEPTEMBER 14, 1932, 12 COMP. GEN. 354

ECONOMY ACT - FILLING OF TEMPORARY AND EMERGENCY POSITIONS WHILE A TEMPORARY OR AN EMERGENCY POSITION MAY BE FILLED UNDER SECTION 203 (B) OF THE ECONOMY ACT WITHOUT THE PRIOR AUTHORIZATION OR APPROVAL OF THE PRESIDENT, THE PROMOTION OF AN EMPLOYEE ALREADY IN THE SERVICE TO FILL SUCH A TEMPORARY OR EMERGENCY POSITION WITHOUT THE APPROVAL OF THE PRESIDENT, WHICH WOULD RESULT IN AN INCREASE IN COMPENSATION OF THE EMPLOYEE PROMOTED, IS PROHIBITED AS AN "ADMINISTRATIVE PROMOTION.'

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, SEPTEMBER 14, 1932:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF AUGUST 31, 1932, AS FOLLOWS:

IT IS UNDERSTOOD THAT APPOINTEES TO ABSOLUTELY ESSENTIAL POSITIONS IN THE FIELD SERVICE FILLED BY AUTHORITY OF THE PRESIDENT UNDER SECTION 203 OF THE ECONOMY ACT MAY BE SELECTED FROM AMONG EMPLOYEES ALREADY IN THE SERVICE, EVEN THOUGH THE ACTION RESULTS IN INCREASING THE PAY OF THE EMPLOYEES WHEN THUS APPOINTED TO A HIGHER POSITION. DECISION IS REQUESTED WHETHER THIS CAN ALSO BE DONE IN CASES WHERE THE APPOINTMENT IS TEMPORARY OR MADE IN AN EMERGENCY UNDER THE SAME SECTION OF THE ECONOMY ACT.

SECTIONS 202 AND 203 OF THE ECONOMY ACT PROVIDE IN PART AS FOLLOWS:

SEC. 202. NO ADMINISTRATIVE PROMOTIONS IN THE CIVIL BRANCH OF THE UNITED STATES GOVERNMENT OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA SHALL BE MADE DURING THE FISCAL YEAR ENDING JUNE 30, 1933: PROVIDED, THAT THE FILLING OF A VACANCY, WHEN AUTHORIZED BY THE PRESIDENT, BY THE APPOINTMENT OF AN EMPLOYEE OF A LOWER GRADE, SHALL NOT BE CONSTRUED AS AN ADMINISTRATIVE PROMOTION, BUT NO SUCH APPOINTMENT SHALL INCREASE THE COMPENSATION OF SUCH EMPLOYEE TO A RATE IN EXCESS OF THE MINIMUM RATE OF THE GRADE TO WHICH SUCH EMPLOYEE IS APPOINTED, UNLESS SUCH MINIMUM RATE WOULD REQUIRE AN ACTUAL REDUCTION IN COMPENSATION. * * *

SEC. 203. 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, (B) TO TEMPORARY, EMERGENCY, SEASONAL, OR COOPERATIVE POSITIONS, *

THE ONLY EXCEPTION TO THE PROHIBITION IN SECTION 202 AGAINST ADMINISTRATIVE PROMOTIONS IS "THE FILLING OF A VACANCY, WHEN AUTHORIZED BY THE PRESIDENT, BY THE APPOINTMENT OF AN EMPLOYEE OF A LOWER GRADE.' THEREFORE, WHILE A TEMPORARY OR AN EMERGENCY POSITION MAY BE FILLED UNDER SECTION 203 (B) WITHOUT THE PRIOR AUTHORIZATION OR APPROVAL OF THE PRESIDENT, THE PROMOTION OF AN EMPLOYEE ALREADY IN THE SERVICE TO FILL SUCH A TEMPORARY OR EMERGENCY POSITION WITHOUT THE APPROVAL OF THE PRESIDENT, WHICH WOULD RESULT IN AN INCREASE IN COMPENSATION OF THE EMPLOYEE PROMOTED, IS PROHIBITED AS AN "ADMINISTRATIVE PROMOTION.' FURTHERMORE, IF THE DUTIES OF A POSITION THAT HAS BECOME VACANT CAN BE CARRIED ON BY THE ASSIGNMENT THERETO OF AN EMPLOYEE IN SOME OTHER POSITION, IT WOULD SEEM THAT THE VACANCY IS NOT ONE EXCEPTED FROM THE INHIBITION OF SECTION 203 UNDER (B) OF THE PROVISO THEREOF. SEE DECISION OF AUGUST 19, 1932, A-44036, 12 COMP. GEN. 259.

IF IT IS DESIRED TO HAVE THE DUTIES OF A TEMPORARY OR EMERGENCY POSITION PERFORMED BY EMPLOYEES ALREADY IN THE SERVICE WHO ARE RECEIVING COMPENSATION AT RATES LESS THAN PAID FOR THE TEMPORARY OR EMERGENCY POSITIONS, THE PROCEDURE COULD BE TO ASSIGN OR DETAIL THE EMPLOYEES TEMPORARILY WITHOUT CHANGE IN COMPENSATION UNTIL THE POSITIONS MAY BE PROPERLY FILLED.