A-57977, OCTOBER 16, 1934, 14 COMP. GEN. 312

A-57977: Oct 16, 1934

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IT IS PROPER TO COMPUTE THE SAVINGS AT THE END OF EACH QUARTER FOR USE IN MAKING PROMOTIONS ON AN ANNUAL BASIS. WHERE THE SAME PERSONNEL APPROPRIATION IS APPORTIONED TO MORE THAN ONE DISTRICT OF THE SAME SERVICE. THERE IS NO AUTHORITY TO MAKE ADMINISTRATIVE PROMOTIONS WITHIN ONE DISTRICT BASED ON SAVINGS OF THAT DISTRICT ONLY. AS FOLLOWS: I HAVE BEFORE ME YOUR DECISION A-54807. THE SITUATION IN THE ENGINEER DEPARTMENT AT LARGE IS SIMILAR TO THAT DESCRIBED WITH RESPECT TO GRADES I TO IV (A) IN THE LETTER OF THE SECRETARY OF THE NAVY QUOTED IN THE DECISION ABOVE REFERRED TO. THE ENGINEER DEPARTMENT RECEIVES LUMP-SUM APPROPRIATIONS FROM CONGRESS FROM WHICH ALLOTMENTS ARE MADE BY THE CHIEF OF ENGINEERS TO DISTRICTS.

A-57977, OCTOBER 16, 1934, 14 COMP. GEN. 312

COMPENSATION - ADMINISTRATIVE PROMOTIONS - SAVINGS ON AN ANNUAL BASIS UNDER THE PROVISIONS OF SECTION 24 OF THE ACT OF MARCH 28, 1934 (48 STAT. 523), AUTHORIZING ADMINISTRATIVE PROMOTIONS ON AN ANNUAL BASIS FROM SAVINGS IN PERSONNEL APPROPRIATIONS OR APPORTIONMENTS, IT IS PROPER TO COMPUTE THE SAVINGS AT THE END OF EACH QUARTER FOR USE IN MAKING PROMOTIONS ON AN ANNUAL BASIS, BUT WHERE THE SAME PERSONNEL APPROPRIATION IS APPORTIONED TO MORE THAN ONE DISTRICT OF THE SAME SERVICE, THERE IS NO AUTHORITY TO MAKE ADMINISTRATIVE PROMOTIONS WITHIN ONE DISTRICT BASED ON SAVINGS OF THAT DISTRICT ONLY, UNLESS JUSTIFIED ON THE BASIS OF THE ENTIRE APPROPRIATION FOR PERSONAL SERVICE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, OCTOBER 16, 1934:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF SEPTEMBER 27, 1934, AS FOLLOWS:

I HAVE BEFORE ME YOUR DECISION A-54807, DATED JULY 2, 1934, TO THE SECRETARY OF THE NAVY, OUTLINING THE PROCEDURE FOR DETERMINING SAVINGS IN APPORTIONMENTS FOR PERSONNEL EXPENDITURES AND FOR ENTRIES ON THE PAY ROLLS TO SHOW ADMINISTRATIVE PROMOTIONS TO BE MADE UNDER SECTION 24, INDEPENDENT OFFICES APPROPRIATION ACT OF 1935.

THE SITUATION IN THE ENGINEER DEPARTMENT AT LARGE IS SIMILAR TO THAT DESCRIBED WITH RESPECT TO GRADES I TO IV (A) IN THE LETTER OF THE SECRETARY OF THE NAVY QUOTED IN THE DECISION ABOVE REFERRED TO. THE ENGINEER DEPARTMENT RECEIVES LUMP-SUM APPROPRIATIONS FROM CONGRESS FROM WHICH ALLOTMENTS ARE MADE BY THE CHIEF OF ENGINEERS TO DISTRICTS. LUMP- SUM ALLOTMENTS ALSO ARE RECEIVED FROM THE PUBLIC WORKS ADMINISTRATION FOR PROJECTS. IN NEITHER CASE IS A DEFINITE AMOUNT SPECIFIED BY CONGRESS OR BY THE PUBLIC WORKS ADMINISTRATION FOR SALARIES FOR EMPLOYMENTS IN THE FIELD SERVICE. THIS STATEMENT APPLIES, OF COURSE, ONLY TO THE FIELD SERVICE AS DISTINGUISHED FROM THE DEPARTMENTAL SERVICE WHERE AN ALLOTMENT FOR SALARIES IS SPECIFICALLY APPROPRIATED BY CONGRESS IN THE CASE OF THE REGULAR APPROPRIATIONS. SUBJECT TO YOUR APPROVAL, IT IS PROPOSED TO FOLLOW THE PROCEDURE OUTLINED BELOW IN EFFECTING ADMINISTRATIVE PROMOTIONS IN THE ENGINEER DEPARTMENT AT LARGE.

OF THE FUNDS THAT ARE ALLOTTED TO DISTRICTS OF THE ENGINEER DEPARTMENT AT LARGE FOR THE PROSECUTION OF THE VARIOUS PROJECTS OF THE DEPARTMENT, WHETHER FROM REGULAR APPROPRIATIONS OR FUNDS ALLOTTED BY THE PUBLIC WORKS ADMINISTRATION, THE SECRETARY OF WAR WILL APPORTION BY QUARTERS IN ADVANCE A CERTAIN AMOUNT FOR PERSONAL SERVICES. AT THE END OF THE QUARTER SUCH SAVINGS AS HAVE BEEN MADE, EXCLUSIVE OF VACANCY SAVINGS REQUIRED TO BE IMPOUNDED, WILL BE USED FOR ADMINISTRATIVE PROMOTIONS ON AN ANNUAL BASIS. ANY PROMOTIONS SO MADE WILL BE DESIGNATED ON THE PAY ROLLS BY NOTATION UNDER "REMARKS" COLUMN AND BY CERTIFICATE IN THE FORM GIVEN IN YOUR DECISION OF JULY 2, 1934, ABOVE MENTIONED.

INASMUCH AS PROJECTS ARE ASSIGNED TO DISTRICTS AND ALLOTMENTS AND APPORTIONMENTS OF FUNDS FOR SALARIES OF PERSONNEL ARE MADE TO DISTRICTS, IT IS PROPOSED TO MAKE ADMINISTRATIVE PROMOTIONS WITHIN A DISTRICT BASED ON THE SAVINGS OF THAT DISTRICT.

YOUR ADVICE IS REQUESTED AS TO WHETHER THE PROPOSED PROCEDURE AS OUTLINED ABOVE IS PROPER.

IN DECISION OF JULY 25, 1934 (14 COMP. GEN. 67), IT WAS HELD AS FOLLOWS (QUOTING FROM THE SYLLABUS):

THE TERMS OF SECTION 24 OF THE ACT OF MARCH 28, 1934 (48 STAT. 523), PROVIDING THAT ADMINISTRATIVE PROMOTIONS MAY BE MADE FROM SAVINGS IN APPROPRIATIONS OR APPORTIONMENTS FOR PERSONNEL ON AN ANNUAL BASIS ARE BROAD ENOUGH TO PERMIT SAVINGS ON AN ANNUAL BASIS TO BE SHOWN UNDER EACH "BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT" (QUOTING FROM THE AVERAGE PROVISION), BUT TO AUTHORIZE PROMOTIONS THE SAVINGS MUST EXIST WITH RESPECT TO THE ENTIRE APPROPRIATION OR APPORTIONMENT INVOLVED, AND PROMOTIONS ARE NOT AUTHORIZED IN A PARTICULAR BUREAU ON THE BASIS OF THE SAVINGS THEREIN UNLESS JUSTIFIED ON THE BASIS OF THE APPROPRIATION AS A WHOLE.

ACCORDINGLY, THE PROCEDURE PROPOSED IN YOUR THIRD PARAGRAPH OF MAKING QUARTERLY ALLOTMENTS FOR PERSONAL SERVICES AND FOR COMPUTING SAVINGS AT THE END OF EACH QUARTER FOR USE IN MAKING PROMOTIONS ON AN ANNUAL BASIS, IS APPROVED. HOWEVER, THERE IS NO AUTHORITY TO "MAKE ADMINISTRATIVE PROMOTIONS WITHIN A DISTRICT BASED ON THE SAVINGS OF THAT DISTRICT" ONLY, AS PROPOSED IN THE FOURTH PARAGRAPH OF YOUR LETTER, UNLESS JUSTIFIED ON THE BASIS OF THE ENTIRE APPROPRIATION OR APPORTIONMENT FOR PERSONAL SERVICES. THAT IS TO SAY, IT WOULD NOT BE PERMISSIBLE TO MAKE PROMOTIONS ON THE BASIS OF SAVINGS OF A PARTICULAR DISTRICT WHEN ADDITIONAL ALLOTMENTS TO SOME OTHER DISTRICT ARE NECESSARY.