A-53051, JANUARY 17, 1934, 13 COMP. GEN. 197

A-53051: Jan 17, 1934

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ARE REQUIRED TO BE FIXED PURSUANT TO THE EXECUTIVE ORDER NO. 6440 OF NOVEMBER 18. THE SAME ACTION IS REQUIRED AS TO EMPLOYEES OF ANY OTHER EMERGENCY ORGANIZATION OR EMPLOYEES OF REGULAR ESTABLISHMENTS PAID FROM FUNDS ALLOTTED BY SUCH EMERGENCY ORGANIZATION BROUGHT WITHIN THE TERMS OF THE EXECUTIVE ORDER OF NOVEMBER 18. COVERING RECLAIMED ITEMS IN THE AMOUNT OF $22.85 WHICH WERE DEDUCTED IN THE PREAUDIT OF THE ORIGINAL PAY ROLLS REPRESENTING 15 PERCENT OF THE AMOUNT ORIGINALLY CLAIMED. THE PAY ROLL WAS ADMINISTRATIVELY APPROVED FOR PAYMENT FROM FUNDS ALLOTTED THE BUREAU BY THE FEDERAL CIVIL WORKS ADMINISTRATION. THE QUESTION PRESENTED IS WHETHER THE SALARY RATES ADMINISTRATIVELY FIXED FOR EMPLOYEES PAID FROM FUNDS ALLOTTED TO THE DEPARTMENT OF AGRICULTURE.

A-53051, JANUARY 17, 1934, 13 COMP. GEN. 197

COMPENSATION - CLASSIFICATION - FEDERAL CIVIL WORKS ADMINISTRATION AS SOON AS PRACTICABLE AND NOT LATER THAN MARCH 1, 1934, TO THE EXTENT THAT SUCH ACTION HAS NOT BEEN TAKEN, THE SALARY RATES OF ALL EMPLOYEES UNDER THE FEDERAL CIVIL WORKS ADMINISTRATION AND OF EMPLOYEES UNDER THE REGULAR ESTABLISHMENTS OF THE FEDERAL AND DISTRICT OF COLUMBIA GOVERNMENTS PAID FROM FUNDS ALLOTTED BY THE FEDERAL CIVIL WORKS ADMINISTRATION, WHOSE DUTIES AND RESPONSIBILITIES CORRESPOND TO THE DUTIES AND RESPONSIBILITIES OF POSITIONS SUBJECT TO THE CLASSIFICATION ACT, AS AMENDED, ARE REQUIRED TO BE FIXED PURSUANT TO THE EXECUTIVE ORDER NO. 6440 OF NOVEMBER 18, 1933, FROM WHICH TOTAL OR BASIC SALARY RATE THERE MUST BE DEDUCTED 15 PERCENT UNDER THE TERMS OF THE ACT OF MARCH 20, 1933, AND EXECUTIVE ORDERS ISSUED PURSUANT THERETO. THE SAME ACTION IS REQUIRED AS TO EMPLOYEES OF ANY OTHER EMERGENCY ORGANIZATION OR EMPLOYEES OF REGULAR ESTABLISHMENTS PAID FROM FUNDS ALLOTTED BY SUCH EMERGENCY ORGANIZATION BROUGHT WITHIN THE TERMS OF THE EXECUTIVE ORDER OF NOVEMBER 18, 1933, BY THE TERMS OF THE EXECUTIVE ORDER OF JANUARY 10, 1934, AND NOT SUBJECT TO THE REGULAR CLASSIFICATION ACT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF AGRICULTURE, JANUARY 17, 1934:

THERE HAS BEEN PRESENTED TO THIS OFFICE FOR PREAUDIT SUPPLEMENTAL DECEMBER PAY ROLL, BUREAU OF HOME ECONOMICS, DEPARTMENT OF AGRICULTURE, COVERING RECLAIMED ITEMS IN THE AMOUNT OF $22.85 WHICH WERE DEDUCTED IN THE PREAUDIT OF THE ORIGINAL PAY ROLLS REPRESENTING 15 PERCENT OF THE AMOUNT ORIGINALLY CLAIMED. THE PAY ROLL WAS ADMINISTRATIVELY APPROVED FOR PAYMENT FROM FUNDS ALLOTTED THE BUREAU BY THE FEDERAL CIVIL WORKS ADMINISTRATION, CREATED BY EXECUTIVE ORDER NO. 6420-B, DATED NOVEMBER 9, 1933.

THE QUESTION PRESENTED IS WHETHER THE SALARY RATES ADMINISTRATIVELY FIXED FOR EMPLOYEES PAID FROM FUNDS ALLOTTED TO THE DEPARTMENT OF AGRICULTURE, BUREAU OF HOME ECONOMICS, BY THE FEDERAL CIVIL WORKS ADMINISTRATION, ARE SUBJECT TO THE 15 PERCENT REDUCTION UNDER THE ACT OF MARCH 20, 1933, AND EXECUTIVE ORDERS ISSUED PURSUANT THERETO.

PARAGRAPH (3) OF THE EXECUTIVE ORDER NO. 6420-B, OF NOVEMBER 9, 1933, PROVIDES IN PART AS FOLLOWS:

THE SAID ADMINISTRATOR IS FURTHER AUTHORIZED TO APPOINT WITHOUT REGARD TO THE CIVIL SERVICE LAWS OR THE CLASSIFICATION ACT OF 1923 AS AMENDED, AND FIX THE COMPENSATION OF SUCH OFFICERS, EXPERTS, AND EMPLOYEES * * *.

THE GENERAL RULE HAS BEEN STATED IN A NUMBER OF DECISIONS THAT IF THERE IS NO EXISTING LAW, SCHEDULE, EXECUTIVE ORDER, OR DEPARTMENTAL ORDER, FIXING THE TOTAL OR BASIC SALARY RATES FOR OFFICERS OR EMPLOYEES IN THE EMERGENCY AGENCIES, THE PERCENTAGE REDUCTION REQUIRED BY SECTIONS 2 AND 3 OF THE ACT OF MARCH 20, 1933, AND THE EXECUTIVE ORDERS ISSUED PURSUANT THERETO, WOULD NOT BE APPLICABLE. 13 COMP. GEN. 3, 6, 27, AND 35.

IN DECISION OF JANUARY 5, 1934, A-52844, 13 COMP. GEN. 186, IT WAS HELD THAT THE APPLICATION OF THE RATES PRESCRIBED IN THE EXECUTIVE ORDER NO. 6440, DATED NOVEMBER 18, 1933, ESTABLISHING A SPECIAL CLASSIFICATION AND SCHEDULE OF RATES FOR THE EMPLOYEES UNDER THE EMERGENCY AGENCIES, TO THE PERSONNEL OF THE REGULAR ESTABLISHMENTS OF THE GOVERNMENT PAID FROM ALLOTTED EMERGENCY FUNDS, IS REQUIRED WITH RESPECT TO THOSE OFFICERS AND EMPLOYEES WHOSE COMPENSATION RATES ARE NOT OTHERWISE CONTROLLED BY THE CLASSIFICATION ACT OR OTHER STATUTE. THUS THE EXECUTIVE ORDER PRESCRIBES A TOTAL OR BASIC SALARY RATE FOR THE PERSONNEL AFFECTED AND MAKES SUCH RATE SUBJECT TO THE PERCENTAGE REDUCTION.

THE FEDERAL CIVIL WORKS ADMINISTRATION WAS NOT LISTED IN THE EXECUTIVE ORDER NO. 6440, DATED NOVEMBER 18, 1933, BUT EXECUTIVE ORDER NO. 6554, DATED JANUARY 10, 1934, PROVIDES:

THE PROVISIONS OF EXECUTIVE ORDER NO. 6440, DATED NOVEMBER 18, 1933, PRESCRIBING RATES OF COMPENSATION OF GOVERNMENT EMPLOYEES IN EMERGENCY AGENCIES NOT SUBJECT TO THE CLASSIFICATION ACT AND ACTS AMENDATORY THEREOF, ARE HEREBY EXTENDED TO INCLUDE, IN ADDITION TO THE AGENCIES NAMED IN THAT ORDER, ALL OTHER EXISTING EMERGENCY AGENCIES AND THOSE HEREAFTER CREATED, THE RATES OF COMPENSATION OF THE OFFICERS AND EMPLOYEES OF WHICH ARE FIXED WITHOUT REGARD TO THE CLASSIFICATION ACT OF 1923, AS AMENDED.

IT MAY BE CONCLUDED, THEREFORE, THAT THE TOTAL OR BASIC SALARY RATE OF EMPLOYEES UNDER THE REGULAR ESTABLISHMENTS OF THE GOVERNMENT PAID FROM FUNDS ALLOTTED BY THE FEDERAL CIVIL WORKS ADMINISTRATION WERE NOT SPECIFICALLY REQUIRED TO BE FIXED PURSUANT TO THE EXECUTIVE ORDER NO. 6440 DATED NOVEMBER 18, 1933, UNTIL AFTER JANUARY 10, 1934. SINCE THE SALARY RATES SHOWN ON THE SUPPLEMENTAL PAY ROLL FOR DECEMBER WERE FIXED ADMINISTRATIVELY WITHOUT REGARD TO ANY EXISTING LAW, SCHEDULE, EXECUTIVE ORDER OR DEPARTMENTAL ORDER, SUCH RATES WERE NOT SUBJECT TO THE 15 PERCENT REDUCTION, AND THE SUPPLEMENTAL PAY ROLL WILL BE CERTIFIED FOR PAYMENT.

HOWEVER, AS SOON AS PRACTICABLE HEREAFTER AND NOT LATER THAN MARCH 1, 1934, TO THE EXTENT THAT SUCH ACTION HAS NOT BEEN TAKEN, THE SALARY RATES OF ALL EMPLOYEES UNDER THE FEDERAL CIVIL WORKS ADMINISTRATION AND OF EMPLOYEES UNDER THE REGULAR ESTABLISHMENTS OF THE FEDERAL AND DISTRICT OF COLUMBIA GOVERNMENTS PAID FROM FUNDS ALLOTTED BY THE FEDERAL CIVIL WORKS ADMINISTRATION, WHOSE DUTIES AND RESPONSIBILITIES CORRESPOND TO THE DUTIES AND RESPONSIBILITIES OF POSITIONS SUBJECT TO THE CLASSIFICATION ACT, AS AMENDED, ARE REQUIRED TO BE FIXED PURSUANT TO THE EXECUTIVE ORDER NO. 6440 OF NOVEMBER 18, 1933, FROM WHICH TOTAL OR BASIC SALARY RATE THERE MUST BE DEDUCTED 15 PERCENT UNDER THE TERMS OF THE ACT OF MARCH 20, 1933, AND EXECUTIVE ORDERS ISSUED PURSUANT THERETO. THE SAME ACTION IS REQUIRED AS TO EMPLOYEES OF ANY OTHER EMERGENCY ORGANIZATION OR EMPLOYEES OF REGULAR ESTABLISHMENTS PAID FROM FUNDS ALLOTTED BY SUCH EMERGENCY ORGANIZATION BROUGHT WITHIN THE TERMS OF THE EXECUTIVE ORDER OF NOVEMBER 18, 1933, BY THE TERMS OF THE EXECUTIVE ORDER OF JANUARY 10, 1934, AND NOT SUBJECT TO THE REGULAR CLASSIFICATION ACT.

THE PAY ROLLS SHOULD SHOW THE GRADE NUMBER DESIGNATED BY THE EXECUTIVE ORDER OF NOVEMBER 18, 1933, FOR THE SALARY RATE FIXED FOR THE EMPLOYEES, PRECEDED BY THE LETTER EO TO DISTINGUISH THE GRADE NUMBERS FROM THE GRADE NUMBERS PRESCRIBED BY THE CLASSIFICATION ACT AS AMENDED.

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