A-55935, JULY 2, 1934, 14 COMP. GEN. 3

A-55935: Jul 2, 1934

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A QUESTION HAS ARISEN WHICH MAY BE GENERALLY EXPRESSED AS FOLLOWS: WHAT IS THE PROPER ENTRANCE SALARY FOR A NEW EMPLOYEE SELECTED FROM ONE OF THE COMMISSION'S ELIGIBLE LISTS TO FILL A VACANCY UNDER THE CLASSIFICATION ACT OF 1923. WHERE SUCH VACANCY HAS BEEN CAUSED BY THE RESIGNATION OF AN EMPLOYEE WHOSE POSITION WAS REALLOCATED. 1934/?IS IT THE MINIMUM SALARY OF THE GRADE TO WHICH THE POSITION WAS REALLOCATED. OR IS THE MINIMUM SALARY OF THE GRADE FROM WHICH IT WAS REALLOCATED. RUN AGAINST THE EMPLOYEE OCCUPYING A POSITION AT THE TIME IT IS REALLOCATED. WAS HELD BY THIS OFFICE TO REQUIRE THE REDUCTION IN THE SALARY OF AN EMPLOYEE RECEIVED BY PRIOR REALLOCATION. IT WAS STATED IN THAT DECISION "IT IS TO BE UNDERSTOOD.

A-55935, JULY 2, 1934, 14 COMP. GEN. 3

SALARIES - INCREASE - REALLOCATION THE PROHIBITION AGAINST PAYMENT OF INCREASED COMPENSATION TO ANY OFFICER OR EMPLOYEE BY REASON OF THE REALLOCATION OF HIS POSITION SINCE JUNE 30, 1932, DOES NOT PRECLUDE PAYMENT TO A NEW APPOINTEE TO SUCH REALLOCATED POSITION AT THE MINIMUM SALARY OF THE GRADE IN WHICH CLASSIFIED BY SUCH REALLOCATION.

COMPTROLLER GENERAL MCCARL TO THE CIVIL SERVICE COMMISSION, JULY 2, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF MAY 29, 1934, PRESENTING FOR DECISION A QUESTION STATED AS FOLLOWS:

IN CONNECTION WITH CERTIFYING ELIGIBLES TO FILL A VACANCY IN THE POSITION OF JUNIOR INSPECTOR OF WEIGHTS AND MEASURES, SP-3, DISTRICT OF COLUMBIA GOVERNMENT, A QUESTION HAS ARISEN WHICH MAY BE GENERALLY EXPRESSED AS FOLLOWS:

WHAT IS THE PROPER ENTRANCE SALARY FOR A NEW EMPLOYEE SELECTED FROM ONE OF THE COMMISSION'S ELIGIBLE LISTS TO FILL A VACANCY UNDER THE CLASSIFICATION ACT OF 1923, AS AMENDED, WHERE SUCH VACANCY HAS BEEN CAUSED BY THE RESIGNATION OF AN EMPLOYEE WHOSE POSITION WAS REALLOCATED, WITHIN THE MEANING OF SECTION 3 OF THE INDEPENDENT OFFICES APPROPRIATION ACT OF JUNE 16, 1933, OR SECTION 6 OF THE DISTRICT OF COLUMBIA APPROPRIATION ACT OF THE SAME DATE (NOW SECTION 24 (F), TITLE II, OF THE ACT OF MARCH 28, 1934/?IS IT THE MINIMUM SALARY OF THE GRADE TO WHICH THE POSITION WAS REALLOCATED, LESS THE DEDUCTION APPLICABLE TO GOVERNMENT EMPLOYEES GENERALLY, OR IS THE MINIMUM SALARY OF THE GRADE FROM WHICH IT WAS REALLOCATED, LESS SUCH GENERAL DEDUCTION?

IN OTHER WORDS, DOES THE PROHIBITION CONTAINED IN SECTION 24 (F) OF THE ACT OF MARCH 28, 1934, RUN AGAINST THE EMPLOYEE OCCUPYING A POSITION AT THE TIME IT IS REALLOCATED, OR DOES IT RUN AGAINST THE POSITION ITSELF REGARDLESS OF WHO MAY OCCUPY IT FROM TIME TO TIME?

SECTION 24 (F) OF THE ACT OF MARCH 28, 1934, 48 STAT. 523, PROVIDES:

(F) NO PART OF THE APPROPRIATIONS MADE DURING THE SECOND SESSION OF THE SEVENTY-THIRD CONGRESS SHALL BE USED TO PAY ANY INCREASE IN THE SALARY OF ANY OFFICER OR EMPLOYEE OF THE UNITED STATES GOVERNMENT OR THE MUNICIPAL GOVERNMENT 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.

A SIMILAR PROVISION IN SECTION 3 OF THE ACT OF JUNE 16, 1933, 48 STAT. 304, WAS HELD BY THIS OFFICE TO REQUIRE THE REDUCTION IN THE SALARY OF AN EMPLOYEE RECEIVED BY PRIOR REALLOCATION, BUT IT WAS STATED IN THAT DECISION "IT IS TO BE UNDERSTOOD, OF COURSE, THAT THE STATUTE DOES NOT REQUIRE A REDUCTION IN THE GRADE IN WHICH THE POSITION HAS BEEN PROPERLY ALLOCATED.' 13 COMP. GEN. 1. IN A SOMEWHAT SIMILAR SITUATION INVOLVING THE PROHIBITION AGAINST AUTOMATIC PROMOTIONS, IT WAS HELD THAT, NOTWITHSTANDING THAT INCREASED POSTAL RECEIPTS MAY HAVE REQUIRED THE ADVANCEMENT OF A POST OFFICE FROM ONE CLASS TO ANOTHER, THE POSTMASTER IN OFFICE COULD NOT BE PAID ANY INCREASED COMPENSATION, BUT THAT A NEW APPOINTEE WOULD BE ENTITLED TO THE BENEFIT OF THE HIGHER RATE AND MIGHT BE PAID COMPENSATION ACCORDINGLY. 12 COMP. GEN. 649.

THE PROHIBITION IN SECTION 24 (F) OF THE ACT OF MARCH 28, 1934, SUPRA, IS NOT AGAINST THE REALLOCATION OF THE POSITION, BUT AGAINST THE PAYMENT OF ANY INCREASE IN THE SALARY OF ANY OFFICER OR EMPLOYEE BY REASON OF SUCH REALLOCATION. ACCORDINGLY, WHERE THE REALLOCATED POSITION HAS BECOME VACANT, THE PAYMENT INITIALLY TO A NEW APPOINTEE OF THE MINIMUM SALARY RATE FIXED UNDER THE CLASSIFICATION ACT FOR THE POSITION AS REALLOCATED WOULD NOT CONSTITUTE ANY INCREASE IN THE SALARY OF SUCH OFFICER OR EMPLOYEE AND WOULD NOT BE PROHIBITED BY THE STATUTORY PROVISION QUOTED. IN OTHER WORDS, THE INHIBITION OF THE STATUTE RUNS AGAINST THE EMPLOYEE OCCUPYING THE POSITION AT TIME OF ITS REALLOCATION AND NOT AGAINST THE POSITION.