A-57339, SEPTEMBER 22, 1934, 14 COMP. GEN. 245

A-57339: Sep 22, 1934

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ECONOMY ACT - ADMINISTRATIVE PROMOTION - REALLOCATION AN EMPLOYEE WHOSE POSITION WAS REALLOCATED AFTER JUNE 30. HIS DUTIES WERE THE SAME AS HE IS NOW PERFORMING. BECAUSE HE DID NOT HAVE A CIVIL-SERVICE STATUS FOR APPOINTMENT HIGHER THAN GRADE CAF-1 AND DUE TO PREVAILING ECONOMIC CONDITIONS. REPORT OF CHANGE IN HIS DUTIES WAS NOT MADE TO THE CIVIL SERVICE COMMISSION UNTIL SEPTEMBER 14. THE REALLOCATION OF HIS POSITION BY THE NAVY DEPARTMENT TO GRADE CAF 4 WAS APPROVED BY THE CIVIL SERVICE COMMISSION UNDER DATE OF OCTOBER 16. IT IS NOW DESIRED THAT MR. YOUR DECISION IS REQUESTED AS TO WHETHER OR NOT THIS EMPLOYEE CAN NOW BE PROMOTED TO ANY SALARY RATE WITHIN GRADE CAF-4 FOR WHICH HE IS ELIGIBLE UNDER HIS EFFICIENCY RATING AND TAKING INTO CONSIDERATION THE AVERAGE PROVISION IN THE SALARY APPROPRIATION ACTS.

A-57339, SEPTEMBER 22, 1934, 14 COMP. GEN. 245

ECONOMY ACT - ADMINISTRATIVE PROMOTION - REALLOCATION AN EMPLOYEE WHOSE POSITION WAS REALLOCATED AFTER JUNE 30, 1932, MAY NOT BE GIVEN AN ADMINISTRATIVE PROMOTION TO THE REALLOCATED GRADE, AS SUCH PROMOTION WOULD BE IN CONTRAVENTION OF SECTION 3 OF THE ACT OF JUNE 16, 1933, 48 STAT. 304, AS REENACTED BY SECTION 24 OF THE ACT OF MARCH 28, 1934. THE EMPLOYEE MAY, HOWEVER, BE PROMOTED IN THE LOWER GRADE TO SUCH SALARY RATE IN THAT GRADE AS MAY BE PERMISSIBLE CONSIDERING THE AVERAGE OF THAT GRADE AND THE EFFICIENCY OF THE EMPLOYEE AS COMPARED WITH THAT OF OTHER EMPLOYEES IN THAT GRADE AND THE AVAILABILITY OF SAVINGS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, SEPTEMBER 22, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 23, 1934, AS FOLLOWS:

THE NAVY DEPARTMENT, UNDER DATE OF AUGUST 1, 1931, APPOINTED MR. STANLEY R. FULLER TO AN EXISTING VACANT POSITION IN GRADE CAF-1 AND AT THE MINIMUM RATE OF PAY OF THAT GRADE, NAMELY, $1,260 PER ANNUM. HE ENTERED UPON THE DUTIES OF THE POSITION ON THE DATE OF HIS APPOINTMENT.

MR. FULLER GRADUALLY ASSUMED ADDITIONAL DUTIES AND ON JANUARY 30, 1932, HIS DUTIES WERE THE SAME AS HE IS NOW PERFORMING. BECAUSE HE DID NOT HAVE A CIVIL-SERVICE STATUS FOR APPOINTMENT HIGHER THAN GRADE CAF-1 AND DUE TO PREVAILING ECONOMIC CONDITIONS, REPORT OF CHANGE IN HIS DUTIES WAS NOT MADE TO THE CIVIL SERVICE COMMISSION UNTIL SEPTEMBER 14, 1933.

THE REALLOCATION OF HIS POSITION BY THE NAVY DEPARTMENT TO GRADE CAF 4 WAS APPROVED BY THE CIVIL SERVICE COMMISSION UNDER DATE OF OCTOBER 16, 1933, BUT HE HAS NOT BEEN GIVEN AN INCREASE IN PAY BECAUSE OF THE PROVISIONS IN SECTION 3 OF THE INDEPENDENT OFFICES APPROPRIATION ACT FOR THE FISCAL YEAR 1934, APPROVED JUNE 16, 1933, PROHIBITING INCREASES IN SALARY BY REASON OF THE REALLOCATION OF THE POSITION OF AN EMPLOYEE BY THE PERSONNEL CLASSIFICATION BOARD OR THE CIVIL SERVICE COMMISSION.

IT IS NOW DESIRED THAT MR. FULLER BE GIVEN AN ADMINISTRATIVE PROMOTION UNDER THE PROVISIONS OF SECTION 24 OF THE INDEPENDENT OFFICES APPROPRIATION ACT PASSED MARCH 28, 1934.

YOUR DECISION IS REQUESTED AS TO WHETHER OR NOT THIS EMPLOYEE CAN NOW BE PROMOTED TO ANY SALARY RATE WITHIN GRADE CAF-4 FOR WHICH HE IS ELIGIBLE UNDER HIS EFFICIENCY RATING AND TAKING INTO CONSIDERATION THE AVERAGE PROVISION IN THE SALARY APPROPRIATION ACTS. IF NOT, CAN HE BE PROMOTED TO ANY SALARY RATE WITHIN GRADE CAF-1 FOR WHICH HE IS ELIGIBLE UNDER HIS EFFICIENCY RATING, TAKING INTO CONSIDERATION THE AVERAGE PROVISION IN THE SALARY APPROPRIATION ACTS.

IN VIEW OF THE AVERAGE PROVISION IN THE SALARY APPROPRIATION ACTS, YOUR DECISION IS REQUESTED AS TO WHETHER MR. FULLER SHOULD BE CONSIDERED TO BE IN COMPETITION WITH EMPLOYEES IN GRADE CAF-1 OR GRADE CAF-4.

SECTION 3 OF THE ACT OF JUNE 16, 1933, 48 STAT. 304, PROVIDES:

NO PART OF THE APPROPRIATIONS CONTAINED IN THIS ACT OR PRIOR APPROPRIATION ACTS SHALL BE USED TO PAY ANY INCREASE IN THE SALARY OF ANY OFFICER OR EMPLOYEE OF THE UNITED STATES GOVERNMENT 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.

THIS PROVISION WAS REENACTED FOR THE FISCAL YEAR 1935 BY SECTION 24 OF THE ACT OF MARCH 28, 1934. AS THE POSITION IN CAF-4 IS THE RESULT OF THE REALLOCATION AFTER JUNE 30, 1932, OF THE POSITION HELD BY THE EMPLOYEE PRIOR TO THAT DATE, THE STATUTORY PROHIBITION QUOTED ABOVE IS APPLICABLE THERETO AND MAY NOT BE AVOIDED BY GIVING AN INCREASE IN THE FORM OF AN ADMINISTRATIVE PROMOTION FROM SAVINGS. HOWEVER, AS THE EMPLOYEE'S COMPENSATION IS BASED UPON THE SALARY RATES IN CAF-1, IT WILL BE PROPER TO PROMOTE HIM TO SUCH SALARY RATE WITHIN THE GRADE CAF 1 AS MAY BE PERMISSIBLE CONSIDERING THE AVERAGE OF THAT GRADE AND THE AVAILABILITY OF SAVINGS. A-56775, AUGUST 9, 1934, 14 COMP. GEN. 110. AS THE INCREASE IS CONFINED TO RATES AVAILABLE IN CAF-1 HIS EFFICIENCY RATING SHOULD ALSO BE COMPARED WITH THAT OF EMPLOYEES IN CAF-1.