A-57819, OCTOBER 10, 1934, 14 COMP. GEN. 305

A-57819: Oct 10, 1934

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IS TRANSFERRED TO A POSITION IN PUERTO RICO HE MAY BE PAID WHILE IN THAT POSITION AT AN INCREASED RATE OF COMPENSATION AS DUE TO AN APPOINTMENT TO A NEW POSITION BUT WHEN RETURNED TO HIS FORMER POSITION IN WASHINGTON. IT WAS FOUND NECESSARY TO SEND TWO EMPLOYEES OF THE NATIONAL RECOVERY ADMINISTRATION FROM WASHINGTON TO PORTO RICO. IT WAS CONSIDERED PROPER BY THE ADMINISTRATION. THIS RAISE WAS GIVEN WITH THE UNDERSTANDING WITH THEIR SUPERIOR OFFICER THAT WHEN THEY RETURNED TO WASHINGTON. THIS MATTER IS REQUIRING VERY PROMPT CONSIDERATION WITHIN THE ADMINISTRATION. IT MAY BE HELD THAT THE INCREASE IN HIS COMPENSATION WHILE IN PUERTO RICO WAS DUE TO AN APPOINTMENT TO A NEW OR DIFFERENT POSITION AND WAS NOT AN ADMINISTRATIVE PROMOTION SUCH AS IS PROHIBITED BY SECTION 7 OF THE ACT OF MARCH 3.

A-57819, OCTOBER 10, 1934, 14 COMP. GEN. 305

COMPENSATION - ADMINISTRATIVE PROMOTIONS - NATIONAL RECOVERY ADMINISTRATION WHEN AN EMPLOYEE OF THE NATIONAL RECOVERY ADMINISTRATION ON DUTY AT WASHINGTON, D.C., IS TRANSFERRED TO A POSITION IN PUERTO RICO HE MAY BE PAID WHILE IN THAT POSITION AT AN INCREASED RATE OF COMPENSATION AS DUE TO AN APPOINTMENT TO A NEW POSITION BUT WHEN RETURNED TO HIS FORMER POSITION IN WASHINGTON, D.C., HE MAY NOT RETAIN THE INCREASED COMPENSATION AS IT WOULD UNDER SUCH CIRCUMSTANCES CONSTITUTE AN ADMINISTRATIVE PROMOTION.

COMPTROLLER GENERAL MCCARL TO THE ADMINISTRATOR, NATIONAL RECOVERY ADMINISTRATION, OCTOBER 10, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF SEPTEMBER 20, 1934, AS FOLLOWS:

ON APRIL 27, 1933, IT WAS FOUND NECESSARY TO SEND TWO EMPLOYEES OF THE NATIONAL RECOVERY ADMINISTRATION FROM WASHINGTON TO PORTO RICO.

IN VIEW OF THE ADDED EXPENSE TO THESE EMPLOYEES IN MAINTAINING RESIDENCES IN WASHINGTON, AS WELL AS PORTO RICO, DURING THE PERIOD OF THIS TEMPORARY TRANSFER, IT WAS CONSIDERED PROPER BY THE ADMINISTRATION, IN VIEW OF EXECUTIVE ORDER NO. 6660, TO RAISE THE SALARIES OF THESE EMPLOYEES IN ORDER NOT TO WORK UPON THEM TOO MUCH OF A HARDSHIP. THIS RAISE WAS GIVEN WITH THE UNDERSTANDING WITH THEIR SUPERIOR OFFICER THAT WHEN THEY RETURNED TO WASHINGTON, THEIR SALARIES WOULD AGAIN BE REDUCED TO THE ORIGINAL.

WE NOW SUBMIT TO YOU, FOR YOUR OPINION, AS TO WHETHER OR NOT THIS INCREASED PAY RATE COULD CONTINUE SINCE THEIR RETURN TO WASHINGTON.

THIS MATTER IS REQUIRING VERY PROMPT CONSIDERATION WITHIN THE ADMINISTRATION, AND WE WOULD APPRECIATE AN ANSWER AT YOUR VERY EARLIEST CONVENIENCE.

IN VIEW OF THE DIFFERING CONDITIONS UNDER WHICH THE EMPLOYEE RENDERED SERVICE IN PUERTO RICO, AS COMPARED WITH HIS POSITION IN THE UNITED STATES, IT MAY BE HELD THAT THE INCREASE IN HIS COMPENSATION WHILE IN PUERTO RICO WAS DUE TO AN APPOINTMENT TO A NEW OR DIFFERENT POSITION AND WAS NOT AN ADMINISTRATIVE PROMOTION SUCH AS IS PROHIBITED BY SECTION 7 OF THE ACT OF MARCH 3, 1933, 47 STAT. 1515, AS EXTENDED TO THE FISCAL YEAR 1935 BY SECTION 24 OF THE ACT OF MARCH 28, 1934. SEE 12 COMP. GEN. 348. HOWEVER, TO PERMIT THE RETENTION OF THE INCREASED COMPENSATION AFTER THE EMPLOYEE'S RETURN TO THE UNITED STATES WOULD APPEAR TO CONTRAVENE THE INHIBITION AGAINST ADMINISTRATIVE PROMOTIONS; ALSO, SEE EXECUTIVE ORDER NO. 6746 OF JUNE 21, 1934, AND DECISION OF JULY 5, 1934, 14 COMP. GEN. 14.