A-52724, A-84282, MARCH 16, 1937, 16 COMP. GEN. 859

A-52724,A-84282: Mar 16, 1937

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- PROCEDURAL AGREEMENT BETWEEN AGRICULTURAL ADJUSTMENT ADMINISTRATION AND CIVIL SERVICE COMMISSION THERE IS NO OBJECTION TO THE TERMS OF AN AGREEMENT BETWEEEN THE CIVIL SERVICE COMMISSION AND THE AGRICULTURAL ADJUSTMENT ADMINISTRATION. THE EFFECT OF WHICH IS STATED TO BE AS FOLLOWS: "* * * THE COMMISSION HAS THE DUTY OF DETERMINING WHETHER ANY POSITION IN THE AGRICULTURAL ADJUSTMENT ADMINISTRATION IS OR IS NOT AN "EXPERT" POSITION WITHIN THE MEANING OF SECTION 10 (A) OF THE AGRICULTURAL ADJUSTMENT ACT. IF IT IS NOT CONSIDERED AN EXPERT POSITION. IF IT IS CONSIDERED AN EXPERT POSITION. IS THAT OF ADMINISTRATOR. THE SECRETARY OF AGRICULTURE WILL MAKE THE APPOINTMENT AND FIX THE COMPENSATION WITHOUT REFERENCE TO THE COMMISSION.

A-52724, A-84282, MARCH 16, 1937, 16 COMP. GEN. 859

CLASSIFICATION AND COMPENSATION OF "EXPERT" POSITIONS--- PROCEDURAL AGREEMENT BETWEEN AGRICULTURAL ADJUSTMENT ADMINISTRATION AND CIVIL SERVICE COMMISSION THERE IS NO OBJECTION TO THE TERMS OF AN AGREEMENT BETWEEEN THE CIVIL SERVICE COMMISSION AND THE AGRICULTURAL ADJUSTMENT ADMINISTRATION, THE EFFECT OF WHICH IS STATED TO BE AS FOLLOWS: "* * * THE COMMISSION HAS THE DUTY OF DETERMINING WHETHER ANY POSITION IN THE AGRICULTURAL ADJUSTMENT ADMINISTRATION IS OR IS NOT AN "EXPERT" POSITION WITHIN THE MEANING OF SECTION 10 (A) OF THE AGRICULTURAL ADJUSTMENT ACT. IF IT IS NOT CONSIDERED AN EXPERT POSITION, ITS SALARY MUST BE FIXED IN THE USUAL MANNER UNDER THE CLASSIFICATION ACT OF 1923. IF IT IS CONSIDERED AN EXPERT POSITION, AND IS THAT OF ADMINISTRATOR, ASSISTANT ADMINISTRATOR, OR DIRECTOR OF A DIVISION OR OTHER MAJOR SUBDIVISION, THE SECRETARY OF AGRICULTURE WILL MAKE THE APPOINTMENT AND FIX THE COMPENSATION WITHOUT REFERENCE TO THE COMMISSION. IN EVERY OTHER CASE, HE WILL SECURE FROM THE COMMISSION (1) AN ADVISORY ALLOCATION OF THE EXPERT POSITION TO ITS APPROPRIATE GRADE UNDER THE CLASSIFICATION ACT OF 1923 AND (2) A DECISION BY THE COMMISSION AS TO WHETHER THE PROPOSED APPOINTEE MEETS MINIMUM QUALIFICATION REQUIREMENTS FOR THAT POSITION.' THERE IS, HOWEVER, RESERVED THE RIGHT IN THE AUDIT OF THE ACCOUNTS TO QUESTION THE ACTION TAKEN IN A PARTICULAR CASE SHOULD THERE BE DISCLOSED SUFFICIENT FACTS TO SHOW THAT THE POSITION INVOLVED DOES NOT REQUIRE THE SERVICES OF AN EXPERT.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE PRESIDENT, UNITED STATES CIVIL SERVICE COMMISSION, MARCH 16, 1937:

IN REPLY TO OFFICE LETTERS OF FEBRUARY 17, APRIL 6, AND AUGUST 31, 1934, THERE HAS BEEN RECEIVED YOUR LETTER OF FEBRUARY 25, 1937 (FILE PC:JAO:GR), MAKING FINAL REPORT REGARDING THE EMPLOYMENT AND CLASSIFICATION OF EXPERTS UNDER THE AGRICULTURAL ADJUSTMENT ADMINISTRATION, WHEREIN YOU LIST 20 POSITIONS HELD BY THE COMMISSION TO BE PROPERLY CLASSIFIED AS REQUIRING THE SERVICES OF EXPERTS, DESCRIPTIONS OF THE DUTIES OF WHICH ACCOMPANY YOUR LETTER. ALSO, THERE ARE QUOTED IN YOUR LETTER THE TERMS OF AN AGREEMENT BETWEEN THE COMMISSION AND THE AGRICULTURAL ADJUSTMENT ADMINISTRATION PRESCRIBING THE FUTURE PROCEDURE FOR FILLING, AND FIXING THE COMPENSATION OF, POSITIONS OF EXPERTS UNDER THE AGRICULTURAL ADJUSTMENT ADMINISTRATION, AS OLLOWS:

SECTION 4 OF THE CLASSIFICATION ACT OF 1923 AS AMENDED REQUIRES THE HEAD OF EACH DEPARTMENT TO ,ALLOCATE ALL POSITIONS IN HIS DEPARTMENT IN THE DISTRICT OF COLUMBIA TO THEIR APPROPRIATE GRADES IN THE COMPENSATION SCHEDULE" OF SAID ACT AND PROVIDES THAT SUCH ALLOCATIONS SHALL BE REVIEWED AND MAY BE REVISED BY THE CIVIL SERVICE COMMISSION AND SHALL BECOME FINAL UPON THEIR APPROVAL BY SAID COMMISSION.

SECTION 10 (A) OF THE AGRICULTURAL ADJUSTMENT ACT, APPROVED MAY 12, 1933, PROVIDES:

"THE SECRETARY OF AGRICULTURE MAY APPOINT SUCH OFFICERS AND EMPLOYEES, SUBJECT TO THE PROVISIONS OF THE CLASSIFICATION ACT OF 1923 AND ACTS AMENDATORY THEREOF, AND SUCH EXPERTS AS ARE NECESSARY TO EXECUTE THE FUNCTIONS VESTED IN HIM BY THIS TITLE; AND THE SECRETARY MAY MAKE SUCH APPOINTMENTS WITHOUT REGARD TO THE CIVIL SERVICE LAWS OR REGULATIONS; PROVIDED, THAT NO SALARY IN EXCESS OF $10,000 PER ANNUM SHALL BE PAID TO ANY OFFICER, EMPLOYEE, OR EXPERT OF THE AGRICULTURAL ADJUSTMENT ADMINISTRATION, WHICH THE SECRETARY SHALL ESTABLISH IN THE DEPARTMENT OF AGRICULTURE FOR THE ADMINISTRATION OF THE FUNCTIONS VESTED IN HIM BY THIS TITLE.'

THIS AUTHORITY WAS REAFFIRMED IN SECTION 13 OF THE SOIL CONSERVATION AND DOMESTIC ALLOTMENT ACT, APPROVED FEBRUARY 29, 1936, AMENDING THE SOIL CONSERVATION ACT OF 1935, IN THE FOLLOWING LANGUAGE:

"NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS ACT, THE SECRETARY IS AUTHORIZED AND DIRECTED TO PROVIDE FOR THE EXECUTION BY THE AGRICULTURAL ADJUSTMENT ADMINISTRATION OF SUCH POWERS CONFERRED UPON HIM UNDER SECTION 7 TO 14, INCLUSIVE, OF THIS ACT, AS HE DEEMS MAY BE APPROPRIATELY EXERCISED BY SUCH ADMINISTRATION, AND FOR SUCH PURPOSES THE PROVISIONS OF LAW APPLICABLE TO THE APPOINTMENT AND COMPENSATION OF PERSONS EMPLOYED BY THE AGRICULTURAL ADJUSTMENT ADMINISTRATION SHALL APPLY.'

IN ORDER THAT THERE MAY BE A MUTUAL UNDERSTANDING OF THE EFFECT OF THE ABOVE PROVISIONS OF LAW, IT IS AGREED THAT THE AUTHORITY TO APPOINT EXPERTS AND FIX THEIR COMPENSATION WITHOUT REGARD TO THE PROVISIONS OF THE CLASSIFICATION ACT OF 1923 AS AMENDED SHALL BE CONSTRUED, UNDER THE PROVISIONS OF SECTION 10 (A) OF THE AGRICULTURAL ADJUSTMENT ACT AND SECTION 13 OF THE SOIL CONSERVATION AND DOMESTIC ALLOTMENT ACT, TO MEAN THE APPOINTMENT OF AUTHORITATIVE SPECIALISTS OF BROAD AND COMPREHENSIVE TRAINING AND EXPERIENCE, WHOSE WORK HAS ESTABLISHED THEM AS LEADERS AMONG THEIR ASSOCIATES IN A LINE OF WORK PECULIARLY RELATED TO THE FUNCTIONS OF THE AGRICULTURAL ADJUSTMENT ADMINISTRATION, AND WHO ARE TO RENDER PLANNING, ORGANIZING, DIRECTING, ANALYZING, INTERPRETING, CONSULTING, OR ADVISORY SERVICE OF AN AUTHORITATIVE CHARACTER RELATING TO THE SUBJECT MATTER OR ACTIVITY REPRESENTED BY THEIR QUALIFICATIONS.

WITH RESPECT TO APPOINTMENTS TO POSITIONS AS ADMINISTRATOR, ASSISTANT ADMINISTRATOR, AND DIRECTOR OF A DIVISION OR OTHER MAJOR SUBDIVISION OF THE AGRICULTURAL ADJUSTMENT ADMINISTRATION, THE SECRETARY OF AGRICULTURE WILL APPOINT SUCH OFFICERS AS EXPERTS AND FIX THEIR COMPENSATION WITHOUT REGARD TO THE PROVISIONS OF THE CLASSIFICATION ACT AS AMENDED AND WITHOUT REFERRING A STATEMENT TO THE CIVIL SERVICE COMMISSION OF SUCH INDIVIDUALS' EDUCATION, QUALIFICATIONS, AND EXPERIENCE. IN MAKING ALL OTHER EXPERT APPOINTMENTS IN THE AGRICULTURAL ADJUSTMENT ADMINISTRATION, WHETHER REPLACEMENTS OR OTHERWISE, THE FOLLOWING PROCEDURE WILL BE OBSERVED:

"/1) THE DEPARTMENT OF AGRICULTURE WILL FORWARD TO THE CIVIL SERVICE COMMISSION A LETTER REQUESTING AUTHORITY FOR EACH PROPOSED APPOINTMENT AS AN EXPERT IN THE AGRICULTURAL ADJUSTMENT ADMINISTRATION, OTHER THAN AS ADMINISTRATOR, ASSISTANT ADMINISTRATOR, OR DIRECTOR OF A DIVISION OR OTHER MAJOR SUBDIVISION, STATING THE NAME OF THE POSITION, THE SALARY TO BE PAID, AND TRANSMITTING ON CIVIL SERVICE FORM 2931 (CLASSIFICATION SHEET) A DESCRIPTION OF THE DUTIES FOR THE PROPOSED POSITION. THERE WILL ALSO BE ENCLOSED SHORT APPLICATION FORM 375 EXECUTED BY THE CANDIDATE, GIVING HIS EDUCATIONAL AND EMPLOYMENT HISTORY.

"/2) THE CIVIL SERVICE COMMISSION WILL THEN ALLOCATE THE POSITION IN AN ADVISORY CAPACITY TO THE APPROPRIATE GRADE UNDER THE CLASSIFICATION ACT, USING, WHEREVER PRACTICABLE, AS A BASIS FOR SUCH ALLOCATION THE DUTIES AND RESPONSIBILITIES AS ESTABLISHED BY THE CIVIL SERVICE COMMISSION FOR THE CLASSES UNDER THE VARIOUS GRADES OF THE CLASSIFICATION ACT OF 1923; PROVIDED, HOWEVER, THAT THE DEPARTMENT OF AGRICULTURE RESERVES THE RIGHT TO FIX A PER DIEM OR OTHER RATE FOR TEMPORARY EXPERT CONSULTANTS FOR SPECIAL SERVICES IN EXCESS OF THE MAXIMUM RATE ALLOWABLE UNDER THE CLASSIFICATION ACT. THE CIVIL SERVICE COMMISSION WILL ALSO, ON THE BASIS OF THE INFORMATION CONTAINED ON SHORT APPLICATION FORM 375, DETERMINE WHETHER THE PROPOSED CANDIDATE MEETS THE MINIMUM QUALIFICATION STANDARDS FOR THE DUTIES TO BE PERFORMED IN THE EXPERT POSITION WHICH ARE ADVISORILY ALLOCATED TO GRADES UNDER THE CLASSIFICATION ACT, THE DEPARTMENT OF AGRICULTURE RESERVES THE RIGHT TO MAKE NEW APPOINTMENTS THERETO AT ANY SALARY RATE WITHIN THE RANGE OF PAY FOR THE GRADE TO WHICH THE POSITION IS ALLOCATED.'

THE DEPARTMENT OF AGRICULTURE WILL MAKE NO EXPERT APPOINTMENTS IN THE AGRICULTURAL ADJUSTMENT ADMINISTRATION, OTHER THAN AS ADMINISTRATOR, ASSISTANT ADMINISTRATOR, OR DIRECTOR OF A DIVISION OR OTHER MAJOR SUBDIVISION, UNTIL THE CIVIL SERVICE COMMISSION HAS APPROVED THEM EITHER (A) IN THE FOREGOING MANNER OR (B) SUBJECT TO CLASSIFICATION IN THE REGULAR PROCEDURE AUTHORIZED BY THE CLASSIFICATION ACT OF 1923, AS AMENDED.

THE DEPARTMENT OF AGRICULTURE WILL MAKE NO EXPERT APPOINTMENTS TO POSITIONS IN THE AGRICULTURAL ADJUSTMENT ADMINISTRATION WHICH ARE PROPERLY COMPENSATED BY SALARIES LESS THAN $5,600 PER ANNUM.

YOU STATE THE EFFECT OF THIS AGREEMENT WILL BE AS FOLLOWS:

UNDER YOUR DECISION OF JANUARY 29, 1937, THE COMMISSION HAS THE DUTY OF DETERMINING WHETHER ANY POSITION IN THE AGRICULTURAL ADJUSTMENT ADMINISTRATION IS OR IS NOT AN "EXPERT" POSITION WITHIN THE MEANING OF SECTION 10 (A) OF THE AGRICULTURAL ADJUSTMENT ACT. IF IT IS NOT CONSIDERED AN EXPERT POSITION, ITS SALARY MUST BE FIXED IN THE USUAL MANNER UNDER THE CLASSIFICATION ACT OF 1923. IF IT IS CONSIDERED AN EXPERT POSITION, AND IS THAT OF ADMINISTRATOR, ASSISTANT ADMINISTRATOR, OR DIRECTOR OF A DIVISION OR OTHER MAJOR SUBDIVISION, THE SECRETARY OF AGRICULTURE WILL MAKE THE APPOINTMENT AND FIX THE COMPENSATION WITHOUT REFERENCE TO THE COMMISSION. IN EVERY OTHER CASE, HE WILL SECURE FROM THE COMMISSION (1) AN ADVISORY ALLOCATION OF THE EXPERT POSITION TO ITS APPROPRIATE GRADE UNDER THE CLASSIFICATION ACT OF 1923 AND (2) A DECISION BY THE COMMISSION AS TO WHETHER THE PROPOSED APPOINTEE MEETS MINIMUM QUALIFICATION REQUIREMENTS FOR THAT POSITION.

THIS OFFICE IS NOT REQUIRED TO OBJECT TO THE ACTION OF THE COMMISSION IN CLASSIFYING THE 20 POSITIONS LISTED IN YOUR LETTER AS REQUIRING THE SERVICES OF AN EXPERT, NOR TO THE TERMS OF THE AGREEMENT PRESCRIBING THE PROCEDURE FOR ACTION UPON FUTURE CASES. OF COURSE, THIS OFFICE RESERVES THE RIGHT IN THE AUDIT OF ACCOUNTS TO QUESTION THE ACTION TAKEN IN ANY PARTICULAR CASE SHOULD THERE BE DISCLOSED SUFFICIENT FACTS TO SHOW THAT THE POSITION INVOLVED DOES NOT REQUIRE THE SERVICES OF AN EXPERT.