A-44810, OCTOBER 4, 1932, 12 COMP. GEN. 388

A-44810: Oct 4, 1932

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THERE MAY BE TRANSFERRED FROM THE BOARD TO THE COMMISSION ONLY SUCH PERSONNEL AS ARE ESSENTIAL TO THE DOING OF THE CLASSIFICATION WORK IMPOSSIBLE TO BE ABSORBED BY THE OFFICERS AND EMPLOYEES OF THE COMMISSION. AS FOLLOWS: THE COMMISSION IS PREPARING FOR THE TRANSFER OF A PART OF THE PERSONNEL OF THE PERSONNEL CLASSIFICATION BOARD TO THE CIVIL SERVICE COMMISSION IN CONFORMITY WITH SECTIONS 505. FUNCTIONS OF THE PERSONNEL CLASSIFICATION BOARD ARE HEREBY TRANSFERRED TO THE CIVIL SERVICE COMMISSION. ARE HEREBY ABOLISHED. OF THE BOARD ARE HEREBY TRANSFERRED TO THE CIVIL SERVICE COMMISSION. ARE INDISPENSABLE TO THE EFFICIENT OPERATION OF THE COMMISSION. ARE HEREBY TRANSFERRED TO SUCH COMMISSION.

A-44810, OCTOBER 4, 1932, 12 COMP. GEN. 388

ECONOMY ACT - TRANSFER OF PERSONNEL FROM PERSONNEL CLASSIFICATION BOARD TO CIVIL SERVICE COMMISSION UNDER SECTIONS 505 AND 506 OF THE ECONOMY ACT ABOLISHING THE PERSONNEL CLASSIFICATION BOARD AND TRANSFERRING ITS DUTIES, POWERS, AND FUNCTIONS TO THE CIVIL SERVICE COMMISSION, THERE MAY BE TRANSFERRED FROM THE BOARD TO THE COMMISSION ONLY SUCH PERSONNEL AS ARE ESSENTIAL TO THE DOING OF THE CLASSIFICATION WORK IMPOSSIBLE TO BE ABSORBED BY THE OFFICERS AND EMPLOYEES OF THE COMMISSION, AND THE CLASSIFICATION AND COMPENSATION OF TRANSFERRED PERSONNEL MAY NOT BE CHANGED.

COMPTROLLER GENERAL MCCARL TO THE PRESIDENT OF THE CIVIL SERVICE COMMISSION, OCTOBER 4, 1932:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF SEPTEMBER 19, 1932, AS FOLLOWS:

THE COMMISSION IS PREPARING FOR THE TRANSFER OF A PART OF THE PERSONNEL OF THE PERSONNEL CLASSIFICATION BOARD TO THE CIVIL SERVICE COMMISSION IN CONFORMITY WITH SECTIONS 505, 506, 507, 508, AND 509 OF PUBLIC NO. 212, 72D CONGRESS (ECONOMY ACT).

SECTIONS 505 AND 506 OF THAT ACT READ AS FOLLOWS:

505. THE DUTIES, POWERS, AND FUNCTIONS OF THE PERSONNEL CLASSIFICATION BOARD ARE HEREBY TRANSFERRED TO THE CIVIL SERVICE COMMISSION; AND

(A) THE PERSONNEL CLASSIFICATION BOARD, AND THE POSITION OF DIRECTOR OF CLASSIFICATION, ARE HEREBY ABOLISHED;

(B) ALL RECORDS AND PROPERTY, INCLUDING OFFICE FURNITURE AND EQUIPMENT, OF THE BOARD ARE HEREBY TRANSFERRED TO THE CIVIL SERVICE COMMISSION; AND

(C) SUCH OF THE OFFICERS AND EMPLOYEES OF THE BOARD, AS IN THE JUDGMENT OF THE CIVIL SERVICE COMMISSION, ARE INDISPENSABLE TO THE EFFICIENT OPERATION OF THE COMMISSION, ARE HEREBY TRANSFERRED TO SUCH COMMISSION, AND ALL OTHER OFFICERS AND EMPLOYEES OF SUCH BOARD SHALL BE DISMISSED.

506. ANY TRANSFER OF OFFICERS OR EMPLOYEES UNDER SECTION 505 SHALL BE WITHOUT CHANGES IN CLASSIFICATION OR COMPENSATION, BUT THE CIVIL SERVICE COMMISSION IS AUTHORIZED TO MAKE SUCH CHANGES IN THE TITLES, DESIGNATIONS, AND DUTIES OF SUCH OFFICERS AND EMPLOYEES AS MAY BE DEEMED NECESSARY TO CARRY OUT THE PROVISIONS OF SECTIONS 505 TO 508, INCLUSIVE, OF THIS TITLE.

IN THE TRANSFER, REALIGNMENT OF DUTIES WILL BE NECESSARY IN SOME CASES SINCE CERTAIN FUNCTIONS OF THE BOARD WILL BE ASSIMILATED IN CERTAIN ALREADY ESTABLISHED DIVISIONS OF THE COMMISSION'S OFFICE AND OTHERS WILL BE NECESSARY BECAUSE OF THE CHANGE IN THE FUNCTIONAL ARRANGEMENTS WITHIN THE NEW DIVISION OF PERSONNEL CLASSIFICATION WHICH WILL BE SET UP WITHIN THE COMMISSION.

IT HAS BEEN DISCOVERED THAT CERTAIN OF THE EMPLOYEES OF THE BOARD, IF TRANSFERRED TO THE COMMISSION IN ACCORDANCE WITH PRESENT PLANS, WILL NOT BE IN THE SAME GRADE AS OTHER EMPLOYEES OF THE COMMISSION WHO HAVE BEEN ALLOCATED TO GRADES IN CONFORMITY WITH THE CLASSIFICATION ACT AND AMENDMENTS.

THE FOLLOWING QUESTIONS ARE SUBMITTED IN CONNECTION WITH THE MATTER:

1. IF AN EMPLOYEE OF THE PERSONNEL CLASSIFICATION BOARD IS TRANSFERRED ON OCTOBER 1, 1932, TO DUTIES WHICH HAVE ALREADY BEEN ALLOCATED IN A DIFFERENT GRADE THAN THE GRADE IN WHICH HIS POSITION BEFORE TRANSFER IS ALLOCATED, SHOULD THE EMPLOYEE BE PAID IN ACCORDANCE WITH HIS ALLOCATION PRIOR TO TRANSFER, OR IN ACCORDANCE WITH THE ALLOCATION OF THE POSITION TO THE DUTIES OF WHICH HE IS TRANSFERRED?

2. IF AN EMPLOYEE OF THE PERSONNEL CLASSIFICATION BOARD IS TRANSFERRED ON OCTOBER 1, 1932, TO A POSITION WHICH HAS NOT HERETOFORE BEEN ALLOCATED, SHOULD THE COMMISSION ALLOCATE THE POSITION AND MAKE PAYMENTS IN ACCORDANCE WITH SUCH ALLOCATION, OR SHOULD PAYMENTS BE MADE IN ACCORDANCE WITH THE ALLOCATION OF THE POSITION FROM WHICH THE EMPLOYEE IS TRANSFERRED?

3. IF THE ANSWERS TO THE ABOVE QUESTIONS REQUIRE PAYMENTS IN ACCORDANCE WITH THE ALLOCATION PRIOR TO THE TRANSFER, WILL SUCH PAYMENTS CONTINUE AS LONG AS THE EMPLOYEE IS CONTINUED IN THE EMPLOYMENT OF THE COMMISSION, OR WILL SUCH PAYMENTS CONTINUE ONLY SO LONG AS THE EMPLOYEE IS CONTINUED IN THE DUTIES TO WHICH HE IS TRANSFERRED ON OCTOBER 1, 1932?

IN VIEW OF THE FACT THAT THE CONSOLIDATION OF THE BOARD WITH THE COMMISSION WAS A PART OF THE ECONOMY PROGRAM; THAT IT WAS SPECIFICALLY PROVIDED THERE SHOULD BE TRANSFERRED TO THE COMMISSION ONLY SUCH OFFICERS AND EMPLOYEES OF THE BOARD AS ARE INDISPENSABLE; AND THAT ANY SUCH TRANSFER OF OFFICERS OR EMPLOYEES BE WITHOUT CHANGES IN CLASSIFICATION OR COMPENSATION, IT APPEARS AS THE PLAN AND PURPOSE OF THE CONGRESS THAT SOME SUBSTANTIAL PORTION OF THE BOARD'S WORK COULD BE AND SHOULD BE ABSORBED BY OFFICERS AND EMPLOYEES OF THE COMMISSION AND THAT THERE SHOULD BE TRANSFERRED ONLY SUCH OFFICERS AND EMPLOYEES OF THE BOARD AS MIGHT BE ESSENTIAL TO THE DOING OF THE CLASSIFICATION WORK IMPOSSIBLE TO BE ABSORBED BY OFFICERS AND EMPLOYEES OF THE COMMISSION. FROM ANY OTHER VIEWPOINT THE ARRANGEMENT WOULD APPEAR PRACTICALLY VOID OF THE ECONOMY AND SAVINGS CONTEMPLATED. THE LEGISLATION WAS NOT INTENDED, OF COURSE, TO PROVIDE ADDITIONAL EMPLOYEES FOR THE WORK THAT WAS FOR DOING BY THE COMMISSION PRIOR TO THE CONSOLIDATION.

WITH RESPECT TO YOUR FIRST QUESTION IT APPEARS THE PROHIBITION APPEARING IN THE LAW AGAINST CHANGES IN CLASSIFICATION OR COMPENSATION IS CONTROLLING. ANY OTHER VIEW WOULD REQUIRE IGNORING THIS SPECIFIC PROVISION.

AS TO YOUR SECOND QUESTION---

2. IF AN EMPLOYEE OF THE PERSONNEL CLASSIFICATION BOARD IS TRANSFERRED ON OCTOBER 1, 1932, TO A POSITION WHICH HAS NOT HERETOFORE BEEN ALLOCATED, SHOULD THE COMMISSION ALLOCATE THE POSITION AND MAKE PAYMENTS IN ACCORDANCE WITH SUCH ALLOCATION, OR SHOULD PAYMENTS BE MADE IN ACCORDANCE WITH THE ALLOCATION OF THE POSITION FROM WHICH THE EMPLOYEE IS TRANSFERRED?

IT IS NOT UNDERSTOOD HOW SUCH A SITUATION COULD OCCUR IN VIEW OF THE APPARENT PURPOSES OF THE ENACTMENT AS HEREINBEFORE STATED AND THE SPECIFIC PROVISION THAT THE TRANSFERS ARE TO BE "WITHOUT CHANGES IN CLASSIFICATION OR COMPENSATION," BUT IF THE FACTS ARE SUBMITTED IN ANY SPECIFIC CASE SUCH PHASE OF THE MATTER AS MAY INVOLVE THE USES OF APPROPRIATED MONEYS WILL BE CONSIDERED AND DECISION GIVEN THEREON.

AS TO YOUR THIRD QUESTION IT MAY BE STATED THIS OFFICE HAS NO MEANS OF KNOWING WHAT FUTURE LEGISLATION THERE MAY BE ON THE SUBJECT. HOWEVER, AFTER THE CONSOLIDATION HAS BEEN FULLY ACCOMPLISHED THERE WILL LIKELY BE MATTERS DESERVING OF CONGRESSIONAL CONSIDERATION WITH A VIEW TO FURTHER PERFECTING THE ARRANGEMENT, AND NO DOUBT FUTURE LEGISLATION WILL BE SUBSTANTIALLY INFLUENCED BY WHAT IT MAY BE POSSIBLE TO REPORT TO THE CONGRESS AS TO IMPROVEMENTS IN ADMINISTRATION AND ECONOMIES EFFECTED THROUGH THE ABSORPTION OF THE PERSONNEL CLASSIFICATION BOARD BY THE CIVIL SERVICE COMMISSION.