A-49946, JULY 22, 1933, 13 COMP. GEN. 19

A-49946: Jul 22, 1933

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IN REALLOCATING A POSITION WAS PRIMARILY ON THE BASIS OF THE DUTIES AND RESPONSIBILITIES OF AN EMPLOYEE CURRENT AS OF JUNE 30. EVEN THOUGH SOME NEW OR CHANGED DUTIES MAY HAVE BEEN ASSIGNED TO THE POSITION SINCE JUNE 30. IS APPLICABLE AND THE COMPENSATION OF THE EMPLOYEE MUST BE REDUCED EFFECTIVE JULY 1. INCLUDED AS A PART OF THIS NEW SYSTEM IS THE USE OF BOOKKEEPING MACHINES. THE BOOKKEEPING IN THE AUDITOR'S OFFICE WAS DONE BY ENTRIES BEING MADE WITH PEN AND INK. THE EMPLOYEES WHO WERE ASSIGNED TO THE USE OF BOOKKEEPING MACHINES ARE REQUIRED TO PERFORM AN ENTIRELY DIFFERENT CLASS OF WORK FROM THAT HERETOFORE PERFORMED BY THEM AND OF NECESSITY THEY HAD TO SPECIALLY PREPARE THEMSELVES TO TAKE OVER AND DISCHARGE SUCH NEW DUTIES.

A-49946, JULY 22, 1933, 13 COMP. GEN. 19

CLASSIFICATION - REALLOCATION OF POSITIONS SINCE JUNE 30, 1932 IF THE ACTION TAKEN BY THE PERSONNEL CLASSIFICATION BOARD SINCE JUNE 30, 1932, IN REALLOCATING A POSITION WAS PRIMARILY ON THE BASIS OF THE DUTIES AND RESPONSIBILITIES OF AN EMPLOYEE CURRENT AS OF JUNE 30, 1932, EVEN THOUGH SOME NEW OR CHANGED DUTIES MAY HAVE BEEN ASSIGNED TO THE POSITION SINCE JUNE 30, 1932, SECTION 6 OF THE DISTRICT OF COLUMBIA APPROPRIATION ACT, 1934, IS APPLICABLE AND THE COMPENSATION OF THE EMPLOYEE MUST BE REDUCED EFFECTIVE JULY 1, 1933, TO THE RATE RECEIVED JUNE 30, 1932, LESS 15 PERCENT.

COMPTROLLER GENERAL MCCARL TO THE PRESIDENT OF THE BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA, JULY 22, 1933:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF JULY 11, 1933, AS FOLLOWS:

THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA REQUEST YOUR DECISION AS FISCAL YEAR 1934, APPROVED JUNE 16, 1933, APPLIES TO THE CASE PRESENTED HEREWITH IN THE COMMUNICATION ADDRESSED TO YOU BY ELMER PATMAN, AN EMPLOYEE IN THE OFFICE OF THE AUDITOR OF THE DISTRICT OF COLUMBIA.

SECTION 6 REFERRED TO PROVIDES AS FOLLOWS:

"SEC. 6. NO PART OF THE APPROPRIATION CONTAINED IN THIS ACT SHALL BE USED TO PAY ANY INCREASE IN THE SALARY OF ANY OFFICER OR EMPLOYEE OF THE DISTRICT OF COLUMBIA BY REASON OF THE REALLOCATION OF THE POSITION OF SUCH OFFICER OR EMPLOYEE TO A HIGHER GRADE AFTER JUNE 30, 1932, BY THE PERSONNEL CLASSIFICATION BOARD OR THE CIVIL SERVICE COMMISSION, AND SALARIES PAID ACCORDINGLY SHALL BE PAYMENT IN FULL.'

THE GENERAL ACCOUNTING OFFICE HAS INSTALLED IN THE OFFICE OF THE AUDITOR OF THE DISTRICT OF COLUMBIA AN ENTIRELY NEW SYSTEM OF ACCOUNTS AND ACCOUNTING PROCEDURE. INCLUDED AS A PART OF THIS NEW SYSTEM IS THE USE OF BOOKKEEPING MACHINES. PRIOR TO THE ADOPTION OF THESE MACHINES, THE BOOKKEEPING IN THE AUDITOR'S OFFICE WAS DONE BY ENTRIES BEING MADE WITH PEN AND INK. THE EMPLOYEES WHO WERE ASSIGNED TO THE USE OF BOOKKEEPING MACHINES ARE REQUIRED TO PERFORM AN ENTIRELY DIFFERENT CLASS OF WORK FROM THAT HERETOFORE PERFORMED BY THEM AND OF NECESSITY THEY HAD TO SPECIALLY PREPARE THEMSELVES TO TAKE OVER AND DISCHARGE SUCH NEW DUTIES.

IN THE CASE HERE PRESENTED FOR YOUR CONSIDERATION, MR. PATMAN HAD BEEN IN CHARGE OF WHAT WAS KNOWN AS MAINTAINING OBLIGATION ACCOUNTS UNDER APPROPRIATIONS. THIS WORK WAS ENTIRELY DISSIMILAR TO THE NEW WORK WHICH HE IS REQUIRED TO DO AS THE RESULT OF THE INAUGURATION OF THE NEW SYSTEM OF THE GENERAL ACCOUNTING OFFICE.

AT THE TIME OF MR. PATMAN'S ASSIGNMENT TO THESE NEW DUTIES, HIS CASE WAS SUBMITTED TO THE CIVIL SERVICE COMMISSION FOR THE PURPOSE OF OBTAINING AN ALLOCATION OF HIS POSITION BASED THEREON. THAT COMMISSION, SO IT IS UNDERSTOOD, ALLOCATED THE POSITION ON THE BASIS OF THE NEW DUTIES AND WORK RESULTING FROM THE ADOPTION AND OPERATION OF THE SYSTEM INSTALLED BY THE GENERAL ACCOUNTING OFFICE. THE ALLOCATION APPROVED BY THE CIVIL SERVICE COMMISSION, NAMELY, CAF-4, THE PRIOR ALLOCATION HAVING BEEN CAF-3, WOULD APPEAR NOT TO HAVE BEEN A REALLOCATION ALLOWED ON APPEAL FOR THE PERFORMANCE OF THE SAME DUTIES BUT A NEW ALLOCATION BASED ON NEW DUTIES FROM THOSE PREVIOUSLY PERFORMED BY HIM. THIS BEING THE CASE, THE QUESTION THEN ARISES WHETHER OR NOT MR. PATMAN'S PRESENT ALLOCATION IN CAF-4 IS A REALLOCATION WITHIN THE MEANING OF THE TERM AS USED IN SECTION 6 OF THE DISTRICT OF COLUMBIA APPROPRIATION ACT FOR THE FISCAL YEAR 1934.

MESSRS. ELDER AND CHRISTOPANE, REPRESENTATIVES OF THE GENERAL ACCOUNTING OFFICE IN CHARGE OF INSTALLING THE NEW SYSTEM OF ACCOUNTS IN THE AUDITOR'S OFFICE, ARE FULLY FAMILIAR WITH ALL THE FACTS IN THIS CASE.

THE COMMISSIONERS WOULD APPRECIATE IT IF YOU WOULD LET THEM HAVE YOUR DECISION AS TO WHETHER THEY MAY CONTINUE TO PAY MR. PATMAN HIS SALARY AT THE RATE OF $1,800 PER ANNUM ON THE BASIS OF THE EXISTING ALLOCATION OF HIS POSITION.

IN HIS COMMUNICATION OF JULY 8, 1933, ELMER PATMAN STATED IN PART AS FOLLOWS:

IN ORDER FOR YOU TO DETERMINE WHETHER THIS PROVISION IS APPLICABLE AS AGAINST ME, I SUBMIT THE FOLLOWING FACTS:

PRIOR TO MY APPEAL TO THE PERSONNEL CLASSIFICATION BOARD AND/OR CIVIL SERVICE COMMISSION, THE POSITION I NOW HOLD HAD NEVER BEEN CLASSIFIED. THE APPEAL WAS SUBMITTED AND APPROVED ON THE BASIS OF A CHANGE OF DUTIES, WHICH DUTIES HAD NEVER BEFORE BEEN CLASSIFIED. THEREFORE THE SALARY INCREASE WAS BY VIRTUE OF AN ORIGINAL CLASSIFICATION OF DUTIES AND NOT BY VIRTUE OF A REALLOCATION.

UPON MY APPOINTMENT IN THE AUDITOR'S OFFICE OF THE DISTRICT OF COLUMBIA IN 1930, I WAS ASSIGNED TO THE AUDITING SECTION. ON JULY 1, 1931, I WAS ASSIGNED TO THE BOOKKEEPING SECTION WHERE MY DUTIES WERE THE BREAKING DOWN OF THE OLD OBLIGATION LEDGERS.

IN KEEPING WITH THE RECOMMENDATION OF THE GENERAL ACCOUNTING OFFICE IN THE INSTALLATION OF A UNIFORM ACCOUNTING SYSTEM IN THIS OFFICE, THESE OLD OBLIGATION LEDGERS WERE ABOLISHED, AND IN APRIL 1932 (WHEN I COMPLETED THE BREAKDOWN) MY WORK IN CONNECTION THEREWITH CAME TO AN END. IN THE MEANTIME NEW DUTIES AROSE IN THE BOOKKEEPING SECTION AS A RESULT OF THE INSTALLATION OF THIS NEW SYSTEM, AND NEW LEDGERS WERE SET UP. I WAS ASSIGNED TO KEEP A SET OF THESE BOOKS, NAMELY, THE DISBURSING OFFICER'S LEDGERS. AS THE UNIFORM ACCOUNTING SYSTEM WAS PERFECTED NEW AND ADDITIONAL DUTIES WERE ASSIGNED ME IN ADDITION TO THE KEEPING OF THESE LEDGERS.

I HAVE SINCE THAT TIME PERFORMED THE DUTIES OF THIS NEW POSITION CONTINUOUSLY, AND IN MARCH 1933 I FILED AN APPEAL WITH THE PERSONNEL CLASSIFICATION BOARD AND/OR CIVIL SERVICE COMMISSION TO GET A CLASSIFICATION OR ORIGINAL ALLOCATION OF MY POSITION. AS A RESULT OF THIS ACTION MY NEW POSITION WAS CLASSIFIED AS CAF4-PC NO. CAF4-255, BUREAU SHEET NUMBER 7-1-19.

THE PAY ROLLS IN THIS OFFICE DISCLOSE THAT ON JUNE 30, 1932, ELMER PATMAN WAS PAID COMPENSATION AT THE RATE OF $1,620 PER ANNUM IN GRADE CAF-3.

IN DECISION OF JULY 6, 1933, A-49709, 13 COMP. GEN. 1, IT WAS HELD:

SECTION 3 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1934, DATED JUNE 16, 1933, PUBLIC NO. 78, QUOTED IN YOUR LETTER, IS APPLICABLE TO ANY OFFICER OR EMPLOYEE WHOSE POSITION AS OF JUNE 30, 1932, HAS SINCE BEEN REALLOCATED UPWARD BY THE PERSONNEL CLASSIFICATION BOARD OR THE CIVIL SERVICE COMMISSION, EITHER UPON THE BASIS OF THE SAME CLASSIFICATION SHEET WHICH DETERMINED THE PRIOR GRADE, OR ON THE BASIS OF A NEW CLASSIFICATION SHEET REDESCRIBING THE DUTIES AND RESPONSIBILITIES OF THE OFFICER OR EMPLOYEE CURRENT AS OF JUNE 30, 1932. IF THE DUTIES AND RESPONSIBILITIES OF AN OFFICER OR EMPLOYEE HAVE BEEN SO CHANGED AFTER JUNE 30, 1932, AS TO BE EQUIVALENT TO THE CREATION OF A NEW OR DIFFERENT POSITION AND TO REQUIRE A REALLOCATION UPWARD, THAT WOULD INVOLVE AN ADMINISTRATIVE PROMOTION AND AS SUCH BE PROHIBITED BY SECTION 202 OF THE ECONOMY ACT AND SECTION 7 OF THE ACT OF MARCH 3, 1933, UNLESS SPECIFICALLY AUTHORIZED BY THE PRESIDENT. THAT IS TO SAY, SUCH ACTION WOULD BE THE EQUIVALENT OF CREATING A NEW OR ADDITIONAL POSITION, THE FILLING OF WHICH WOULD REQUIRE THE AUTHORIZATION OF THE PRESIDENT.

IN DECISION OF JULY 14, 1933, A-49885, AFTER QUOTING THE ABOVE, IT WAS HELD:

REFERRING TO QUESTION 1, THE PHRASE,"REALLOCATION OF THE POSITION" MAY BE DEFINED GENERALLY TO MEAN ANY ACTION REQUIRED TO BE TAKEN BY THE PERSONNEL CLASSIFICATION BOARD OR THE CIVIL SERVICE COMMISSION UNDER THE TERMS OF THE CLASSIFICATION ACT AS AMENDED, AS INTERPRETED BY THE DECISIONS OF THIS OFFICE, ADVANCING THE GRADE OF A POSITION BASED ON THE DUTIES AND RESPONSIBILITIES CURRENT AS OF JUNE 30, 1932.

FROM THE FACTS STATED, THE ACTION TAKEN BY THE PERSONNEL CLASSIFICATION BOARD SINCE JUNE 30, 1932, WAS PRIMARILY ON THE BASIS OF THE DUTIES AND RESPONSIBILITIES OF ELMER PATMAN CURRENT AS OF JUNE 30, 1932, EVEN THOUGH SOME NEW OR CHANGED DUTIES MAY HAVE BEEN ASSIGNED TO THE POSITION SINCE JUNE 30, 1932. THEREFORE, ON THE BASIS OF THE FACTS APPEARING, YOU ARE ADVISED THAT THE COMPENSATION OF THIS EMPLOYEE MUST BE REDUCED EFFECTIVE JULY 1, 1933, TO THE REGULAR RATE OF $1,620 PER ANNUM, THE RATE PAID JUNE 30, 1932, LESS 15 PERCENT.