A-60189, FEBRUARY 28, 1935, 14 COMP. GEN. 666

A-60189: Feb 28, 1935

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SUCH PROMOTIONS ARE PROHIBITED DURING THE CURRENT FISCAL YEAR. AS "ADMINISTRATIVE PROMOTIONS" UNLESS THERE ARE AVAILABLE SAVINGS ON AN ANNUAL BASIS IN THE APPLICABLE PERSONNEL APPROPRIATION FROM WHICH THE INCREASES IN COMPENSATION MAY BE MADE. INSPECTORS SHALL BE PROMOTED SUCCESSIVELY TO GRADES 2 AND 3 AT THE BEGINNING OF THE NEXT QUARTER FOLLOWING 1 YEAR'S SATISFACTORY SERVICE (DETERMINED BY A STANDARD OF EFFICIENCY WHICH IS TO BE DEFINED BY THE COMMISSIONER GENERAL OF IMMIGRATION. IS AMENDED BY INSERTING AT THE END THEREOF THE FOLLOWING . A NUMBER OF IMMIGRANT INSPECTORS WERE PROMOTED TO EACH OF THE SALARY GRADES ABOVE GRADE 1 EFFECTIVE JULY 1. IN THE EVENT THE PROMOTIONS IN THE TWO GRADES ABOVE MENTIONED ARE TERMED BY YOU TO BE ADMINISTRATIVE.

A-60189, FEBRUARY 28, 1935, 14 COMP. GEN. 666

COMPENSATION - AUTOMATIC AND ADMINISTRATIVE PROMOTIONS OF IMMIGRANT INSPECTORS THE PROMOTION OF IMMIGRANT INSPECTORS ABOVE GRADE 3, PURSUANT TO THE ACT OF MAY 29, 1928, 45 STAT. 954, DEPENDS ON ADMINISTRATIVE SELECTION AND MAY NOT BE CLASSED AS "AUTOMATIC.' SUCH PROMOTIONS ARE PROHIBITED DURING THE CURRENT FISCAL YEAR, 1935, AS "ADMINISTRATIVE PROMOTIONS" UNLESS THERE ARE AVAILABLE SAVINGS ON AN ANNUAL BASIS IN THE APPLICABLE PERSONNEL APPROPRIATION FROM WHICH THE INCREASES IN COMPENSATION MAY BE MADE.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF LABOR, FEBRUARY 28, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF FEBRUARY 5, 1935, AS FOLLOWS:

SECTION 24 OF THE IMMIGRATION ACT OF FEBRUARY 5, 1917, AS AMENDED BY THE ACT OF MAY 29, 1928 (45 STAT. 954) PROVIDES IN PART AS FOLLOWS:

"IMMIGRANT INSPECTORS SHALL BE DIVIDED INTO FIVE GRADES AS FOLLOWS: GRADE 1, SALARY $2,100; GRADE 2, SALARY $2,300; GRADE 3, SALARY $2,500; GRADE 4, SALARY $2,700; GRADE 5, SALARY $3,000; AND, HEREAFTER, INSPECTORS SHALL BE PROMOTED SUCCESSIVELY TO GRADES 2 AND 3 AT THE BEGINNING OF THE NEXT QUARTER FOLLOWING 1 YEAR'S SATISFACTORY SERVICE (DETERMINED BY A STANDARD OF EFFICIENCY WHICH IS TO BE DEFINED BY THE COMMISSIONER GENERAL OF IMMIGRATION, WITH THE APPROVAL OF THE SECRETARY OF LABOR) IN THE NEXT LOWER GRADE; NOT TO EXCEED 50 PERCENTUM OF THE FORCE TO GRADES 4 AND 5 FOR MERITORIOUS SERVICE AFTER NO LESS THAN 1 YEAR'S SERVICE IN GRADES 3 AND 4, RESPECTIVELY: PROVIDED FURTHER, THAT PROMOTION ABOVE GRADE 3 SHALL BE AT THE DISCRETION OF THE SECRETARY OF LABOR, UPON THE RECOMMENDATION OF THE COMMISSIONER GENERAL OF IMMIGRATION:"

SECTION 201 OF THE ECONOMY ACT APPROVED JUNE 30, 1932, SUSPENDED AUTOMATIC INCREASES IN COMPENSATION BY REASON OF LENGTH OF SERVICE OR PROMOTION EFFECTIVE JULY 1, 1932, AND SUBSEQUENT ECONOMY LEGISLATION CONTINUED THIS PROVISO IN FULL FORCE AND EFFECT DURING THE FISCAL YEAR ENDING JUNE 30, 1934. HOWEVER, SECTION 24 (1) OF THE ACT APPROVED MARCH 28, 1934, RESTORED AUTOMATIC PROMOTIONS AS FOLLOWS:

"SECTION 201 (SUSPENDING AUTOMATIC INCREASES IN COMPENSATION) OF PART II OF THE LEGISLATIVE APPROPRIATION ACT, FISCAL YEAR 1933, IS AMENDED BY INSERTING AT THE END THEREOF THE FOLLOWING ,THIS SECTION SHALL NOT APPLY DURING THE FISCAL YEAR ENDING JUNE 30, 1935, EXCEPT TO THE EXTENT THAT IT SUSPENDS THE LONGEVITY INCREASES PROVIDED FOR IN THE TENTH PARAGRAPH OF SECTION 1 OF THE PAY ADJUSTMENT ACT OF 1922. THIS AMENDMENT SHALL NOT AUTHORIZE THE PAYMENT OF BACK COMPENSATION.'

PURSUANT TO THE PROVISIONS OF THIS AMENDMENT, AND IN ACCORDANCE WITH THE POLICY WHICH PREVAILED PRIOR TO THE ENACTMENT OF ECONOMY LEGISLATION, A NUMBER OF IMMIGRANT INSPECTORS WERE PROMOTED TO EACH OF THE SALARY GRADES ABOVE GRADE 1 EFFECTIVE JULY 1, 1934.

NO OBJECTION TO THESE PROMOTIONS HAS BEEN MADE BY YOUR OFFICE IN CONNECTION WITH THE AUDIT OF THE PAY ROLLS OF THE IMMIGRATION AND NATURALIZATION SERVICE, BUT IN VIEW OF YOUR OPINION OF OCTOBER 9, 1934 (14 C.G. 296), WE WOULD APPRECIATE ADVICE REGARDING THE ACTION OF THIS DEPARTMENT IN TREATING AS AUTOMATIC THE PROMOTION OF IMMIGRANT INSPECTORS FROM GRADE 3 TO GRADE 4 AND FROM GRADE 4 TO GRADE 5, AS AUTHORIZED BY THE ACT OF MAY 29, 1928, AND SECTION 201 OF THE ECONOMY ACT AS AMENDED.

IN THE EVENT THE PROMOTIONS IN THE TWO GRADES ABOVE MENTIONED ARE TERMED BY YOU TO BE ADMINISTRATIVE, WHAT CERTIFICATE WILL BE REQUIRED IN ORDER TO BRING THEM WITHIN SECTION 7 OF THE ACT OF MARCH 3, 1933, AS AMENDED BY SECTION 24 OF THE ACT OF MARCH 28, 1934?

IN THE CITED DECISION OF OCTOBER 9, 1934, INVOLVING POSTAL EMPLOYEES, IT WAS HELD AS FOLLOWS (QUOTING FROM THE SYLLABUS):

PROMOTIONS THROUGH THE FIRST FIVE GRADES OF POST-OFFICE INSPECTORS AND CLERKS AT DIVISION HEADQUARTERS OF POST-OFFICE INSPECTORS PRESCRIBED BY THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1055, ARE PROPERLY TERMED "AUTOMATIC," BUT PROMOTIONS FROM GRADES 5 TO 6 IN EITHER INSTANCE ARE DEPENDENT UPON ADMINISTRATIVE SELECTION AND MUST BE CLASSED AS ADMINISTRATIVE PROMOTIONS WITHIN THE MEANING OF SECTION 7 OF THE ACT OF MARCH 3, 1933, 47 STAT. 1515, AS AMENDED BY SECTION 24 OF THE ACT OF MARCH 28, 1934, 48 STAT. 522, AND THE DECISIONS OF JUNE 7, 1934, 13 COMP. GEN. 419, AND JULY 1, 1934, 14 COMP. GEN. 1.

THIS PRINCIPLE IS APPLICABLE, ALSO, UNDER THE STATUTE QUOTED IN YOUR LETTER. THE PROMOTION OF IMMIGRANT INSPECTORS ABOVE GRADE 3 DEPENDS ON ADMINISTRATIVE SELECTION AND, THEREFORE, MAY NOT BE CLASSED AS "AUTOMATIC.' SUCH PROMOTIONS ARE PROHIBITED DURING THE CURRENT FISCAL YEAR 1935 AS ,ADMINISTRATIVE PROMOTIONS" UNLESS THERE ARE AVAILABLE SAVINGS ON AN ANNUAL BASIS IN THE APPLICABLE PERSONNEL APPROPRIATION FROM WHICH THE INCREASES IN COMPENSATION MAY BE MADE. THE FORM OF THE ADMINISTRATIVE CERTIFICATE REQUIRED ON THE PAY ROLLS TO SHOW THE AVAILABILITY OF SAVINGS ON AN ANNUAL BASIS AS OF JULY 1, 1934, WHEN THESE ADMINISTRATIVE PROMOTIONS WERE MADE, IS SET FORTH IN THE DECISION OF JULY 2, 1934, 14 COMP. GEN. 1.

THE REASON THAT NO OBJECTION TO THE PROMOTIONS IN QUESTION HAS BEEN MADE IN THE AUDIT, IS THAT THE AUDIT OF THE PAY ROLLS OF IMMIGRANT INSPECTORS FOR JULY 1934 HAS NOT YET BEEN COMPLETED.