A-64687, NOVEMBER 29, 1935, 15 COMP. GEN. 450

A-64687: Nov 29, 1935

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1935: THERE WAS RECEIVED. AS FOLLOWS: ATTACHED HERETO IS SUPPLEMENTAL PAY ROLL COVERING REALLOCATIONS AND PROMOTIONS OF CERTAIN EMPLOYEES OF THE BUREAU OF THE CENSUS PAID FROM EMERGENCY CONSERVATION WORK FUNDS FOR THE PERIOD JULY 16 TO 31. IT WILL BE NOTED THAT THE REALLOCATIONS AND PROMOTIONS ARE EFFECTIVE FROM JULY 16. PROVIDED THAT "ALL ADJUSTMENTS IN RATES OF COMPENSATION MADE PURSUANT TO THIS ORDER SHALL BE REPORTED TO THE EXECUTIVE COUNCIL AND SHALL BECOME EFFECTIVE BEGINNING THE FIRST DAY OF THE FIRST MONTH SUBSEQUENT TO THAT IN WHICH SUCH REPORT IS MADE.'. ON THE FACTS PRESENTED THE UNDERSIGNED IS IN DOUBT AS TO WHETHER OR NOT PAYMENT IS PROPER FROM AND INCLUDING JULY 16. YOUR DECISION IS RESPECTFULLY REQUESTED AS TO THE EFFECTIVE DATE OF REALLOCATIONS AND PROMOTIONS UNDER THE PROVISIONS OF THE ABOVE-CITED EXECUTIVE ORDER.

A-64687, NOVEMBER 29, 1935, 15 COMP. GEN. 450

COMPENSATION OF EMERGENCY POSITIONS - ADJUSTMENTS IN RATES - EFFECTIVE DATE THE PROVISION IN EXECUTIVE ORDER NO. 6746, DATED JUNE 21, 1934, MAKING ADJUSTMENT IN RATES OF COMPENSATION OF EMERGENCY EMPLOYEES EFFECTIVE BEGINNING THE FIRST DAY OF THE FIRST MONTH AFTER THE REPORT THEREOF TO THE EXECUTIVE COUNCIL, HAS RELATION TO ADJUSTMENTS IN THE COMPENSATION RATES OF THE SAME POSITION BY REALLOCATION OR REPLACEMENT FROM ONE SALARY GRADE TO ANOTHER AND NOT TO ADJUSTMENTS RESULTING FROM THE TRANSFER OR PROMOTION OF EMPLOYEES FROM ONE POSITION TO ANOTHER SEPARATE AND DISTINCT POSITION.

COMPTROLLER GENERAL MCCARL TO MAJOR E. C. MORTON, UNITED STATES ARMY, NOVEMBER 29, 1935:

THERE WAS RECEIVED, THROUGH THE CHIEF OF FINANCE, YOUR LETTER OF AUGUST 9, 1935, AS FOLLOWS:

ATTACHED HERETO IS SUPPLEMENTAL PAY ROLL COVERING REALLOCATIONS AND PROMOTIONS OF CERTAIN EMPLOYEES OF THE BUREAU OF THE CENSUS PAID FROM EMERGENCY CONSERVATION WORK FUNDS FOR THE PERIOD JULY 16 TO 31, 1935, WHICH HAS BEEN PRESENTED TO THE UNDERSIGNED, A DISBURSING OFFICER, FOR PAYMENT.

IT WILL BE NOTED THAT THE REALLOCATIONS AND PROMOTIONS ARE EFFECTIVE FROM JULY 16, 1935. EXECUTIVE ORDER NUMBER 6746, DATED JUNE 21, 1934, PROVIDED THAT "ALL ADJUSTMENTS IN RATES OF COMPENSATION MADE PURSUANT TO THIS ORDER SHALL BE REPORTED TO THE EXECUTIVE COUNCIL AND SHALL BECOME EFFECTIVE BEGINNING THE FIRST DAY OF THE FIRST MONTH SUBSEQUENT TO THAT IN WHICH SUCH REPORT IS MADE.'

ON THE FACTS PRESENTED THE UNDERSIGNED IS IN DOUBT AS TO WHETHER OR NOT PAYMENT IS PROPER FROM AND INCLUDING JULY 16, 1935, AND YOUR DECISION IS RESPECTFULLY REQUESTED AS TO THE EFFECTIVE DATE OF REALLOCATIONS AND PROMOTIONS UNDER THE PROVISIONS OF THE ABOVE-CITED EXECUTIVE ORDER.

THE PROVISION IN THE EXECUTIVE ORDER QUOTED IN YOUR LETTER REQUIRING THE APPROVAL OF THE EXECUTIVE COUNCIL--- NOW NATIONAL EMERGENCY COUNCIL--- OF ADJUSTMENTS IN COMPENSATION AND FIXING THE EFFECTIVE DATE THEREOF, HAS RELATION TO ADJUSTMENTS IN THE COMPENSATION RATES OF THE SAME POSITION BY REALLOCATION OR REPLACEMENT FROM ONE SALARY GRADE TO ANOTHER, AND NOT TO ADJUSTMENTS RESULTING FROM THE TRANSFER OR PROMOTION OF EMPLOYEES FROM ONE POSITION TO ANOTHER SEPARATE AND DISTINCT POSITION.

FROM THE NOTATIONS IN THE REMARKS COLUMN ON THE PAY ROLL FORWARDED WITH YOUR LETTER IT IS IMPOSSIBLE TO DETERMINE WHETHER THE ADJUSTMENTS IN COMPENSATION RESULTED FROM THE REALLOCATION OR REPLACEMENT OF THE SAME POSITIONS IN DIFFERENT SALARY GRADES, OR FROM THE PROMOTION OF EMPLOYEES FROM ONE POSITION TO ANOTHER. AS THE EVIDENCE PRESENTED TO YOU IS NOT SUFFICIENTLY CLEAR IN THE MATTER, PAYMENT OF THE INCREASED RATES SHOULD NOT BE MADE UNLESS AND UNTIL SUFFICIENT FACTS ARE PRESENTED TO SHOW THAT THE PROPOSED ADJUSTMENTS ARE REQUIRED BY REASON OF PROMOTION OF THE EMPLOYEES FROM ONE POSITION TO ANOTHER, OR, IF RESULTING FROM THE REALLOCATION OR REPLACEMENT OF THE SAME POSITION IN DIFFERENT SALARY GRADES, TO SHOW THE DATE IT WAS REPORTED TO THE NATIONAL EMERGENCY COUNCIL, IN WHICH LATTER EVENT THE INCREASED PAYMENTS SHOULD BE MADE EFFECTIVE ONLY FROM THE FIRST DAY OF THE FIRST MONTH SUBSEQUENT TO THE DATE SO REPORTED.