A-55464, MAY 26, 1934, 13 COMP. GEN. 393

A-55464: May 26, 1934

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IS NOT PROHIBITED AS AN "ADMINISTRATIVE PROMOTION" BY SECTION 7 OF THE ACT OF MARCH 3. COPY OF WHICH IS ATTACHED HERETO. NEWELL ATKINSON WAS PROMOTED BY THE COURT FROM CLERICAL ASSISTANT. THIS PROMOTION WAS MADE ON MERIT AS WELL AS THE NECESSITIES OF THE OFFICE AND ENABLES HIM TO PERFORM SUCH DUTIES AS ARE REQUIRED OF AN ASSISTANT CLERK WHICH A CLERICAL ASSISTANT CANNOT DO. THE OFFICE OF ASSISTANT CLERK IS COMPARABLE TO GRADE 6 OF THE CLERICAL. WILL YOU PLEASE AUTHORIZE THE PAYMENT OF $2. IT IS UNDERSTOOD FROM SUPPLEMENTAL INFORMATION FURNISHED THAT THE POSITION OF CLERICAL ASSISTANT UNDER THE COURT WAS ABOLISHED AND THAT THERE HAS BEEN CREATED AN ADDITIONAL POSITION OF ASSISTANT CLERK.

A-55464, MAY 26, 1934, 13 COMP. GEN. 393

COMPENSATION - ADMINISTRATIVE PROMOTIONS - COURT OF APPEALS, DISTRICT OF COLUMBIA THE ADVANCEMENT OF AN ASSISTANT CLERK OF THE COURT OF APPEALS, DISTRICT OF COLUMBIA, UNDER THE JUDICIAL BRANCH OF THE GOVERNMENT, FROM A POSITION IN ONE GRADE TO A POSITION IN A HIGHER GRADE WITH A HIGHER RATE OF COMPENSATION, NOT REQUIRING THE APPROVAL OF THE PRESIDENT, IS NOT PROHIBITED AS AN "ADMINISTRATIVE PROMOTION" BY SECTION 7 OF THE ACT OF MARCH 3, 1933, 47 STAT. 1515, BUT DURING THE CURRENT FISCAL YEAR AN ADVANCEMENT TO A RATE ABOVE THE MINIMUM OF THE HIGHER GRADE WOULD BE PROHIBITED AS AN ADMINISTRATIVE PROMOTION.

COMPTROLLER GENERAL MCCARL TO THE CHIEF JUSTICE, COURT OF APPEALS OF THE DISTRICT OF COLUMBIA, MAY 26, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF MAY 7, 1934, AS FOLLOWS:

UNDER AUTHORITY OF LETTER RECEIVED FROM MR. WILLIAM STANLEY, ASSISTANT TO THE ATTORNEY GENERAL, COPY OF WHICH IS ATTACHED HERETO, I RESPECTFULLY SUBMIT TO YOU FOR DECISION FOR THE FOLLOWING QUESTION:

ON MARCH 26, 1934, C. NEWELL ATKINSON WAS PROMOTED BY THE COURT FROM CLERICAL ASSISTANT, COMPARABLE TO GRADE 5, OF THE CLERICAL, ADMINISTRATIVE, AND FISCAL SERVICE AT $2,000 PER ANNUM, TO ASSISTANT CLERK. THIS PROMOTION WAS MADE ON MERIT AS WELL AS THE NECESSITIES OF THE OFFICE AND ENABLES HIM TO PERFORM SUCH DUTIES AS ARE REQUIRED OF AN ASSISTANT CLERK WHICH A CLERICAL ASSISTANT CANNOT DO. THE OFFICE OF ASSISTANT CLERK IS COMPARABLE TO GRADE 6 OF THE CLERICAL, ADMINISTRATIVE, AND FISCAL SERVICE.

IN ORDER THAT MR. ATKINSON MAY RECEIVE THE COMPENSATION COMMENSURATE TO HIS POSITION, WILL YOU PLEASE AUTHORIZE THE PAYMENT OF $2,400, EQUIVALENT TO THE SALARY OF ASSISTANT CLERK NOW ON OUR ROLLS.

IT IS UNDERSTOOD FROM SUPPLEMENTAL INFORMATION FURNISHED THAT THE POSITION OF CLERICAL ASSISTANT UNDER THE COURT WAS ABOLISHED AND THAT THERE HAS BEEN CREATED AN ADDITIONAL POSITION OF ASSISTANT CLERK, HAVING DUTIES IDENTICAL WITH THOSE PERFORMED BY THE OTHER ASSISTANT CLERK.

SECTION 7 OF THE ACT OF MARCH 3, 1933, 47 STAT. 1515, WHICH SUPERSEDES SECTION 202 OF THE ECONOMY ACT, PROVIDES AS FOLLOWS:

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, 1934: 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: PROVIDED FURTHER, THAT THE RESTORATION OF EMPLOYEES TO THEIR FORMER GRADES OR THEIR ADVANCEMENT TO INTERMEDIATE GRADES FOLLOWING REDUCTIONS OF COMPENSATION FOR DISCIPLINARY REASONS SHALL NOT BE CONSTRUED TO BE ADMINISTRATIVE PROMOTIONS FOR THE PURPOSES OF THIS SECTION. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO COMMISSIONED, COMMISSIONED WARRANT, WARRANT, AND ENLISTED PERSONNEL, AND CADETS OF THE COAST GUARD.

THE FIRST PROVISO OF SAID SECTION EXCEPTS FROM THE INHIBITION AGAINST"ADMINISTRATIVE PROMOTIONS" THE "FILLING OF A VACANCY, WHEN AUTHORIZED BY THE PRESIDENT, BY THE APPOINTMENT OF AN EMPLOYEE OF A LOWER GRADE.' THAT IS, THE FILLING OF A VACANCY IN SUCH MANNER AND UNDER SUCH CIRCUMSTANCES IS NOT TO BE CONSTRUED AS AN "ADMINISTRATIVE PROMOTION" WITHIN THE MEANING OF SECTION 7 OF THE ACT OF MARCH 3, 1933. THEREFORE, AS THE FILLING OF THE POSITION OF ASSISTANT CLERK OF THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA DOES NOT REQUIRE AUTHORIZATION OR APPROVAL OF THE PRESIDENT, THE FILLING OF SUCH VACANCY BY THE PROMOTION OF C. NEWELL ATKINSON, ALREADY IN THE SERVICE, RESULTING IN AN INCREASE IN HIS COMPENSATION, IS NOT TO BE CONSTRUED AS AN "ADMINISTRATIVE PROMOTION" WITHIN THE MEANING OF SAID SECTION 7 OF THE ACT OF MARCH 3, 1933, AND IS NOT PROHIBITED. HOWEVER, THE EXCEPTION FROM THE TERM "ADMINISTRATIVE PROMOTION" MADE BY THE FIRST PROVISO TO SAID SECTION 7 OF THE ACT OF MARCH 3, 1933, IS SPECIFICALLY MADE SUBJECT TO THE PROVISION THAT "SUCH APPOINTMENT SHALL NOT 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.' AS THIS EMPLOYEE RECEIVED $2,000 PER ANNUM IN THE LOWER GRADE IN THE POSITION OF CLERICAL ASSISTANT ANY INCREASE IN THE HIGHER GRADE ABOVE $2,300 PER ANNUM, THE MINIMUM SALARY OF THAT GRADE, WOULD CONSTITUTE AN ADMINISTRATIVE PROMOTION AND WOULD BE PROHIBITED DURING THE CURRENT FISCAL YEAR.