A-70159, MARCH 14, 1936, 15 COMP. GEN. 791

A-70159: Mar 14, 1936

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

IS TRANSMITTED HEREWITH FOR ADVANCE DECISION AS TO WHETHER OR NOT IT CAN BE PAID. DEFINITELY SETTING FORTH THE DATE ON WHICH THE INCREASED RATE IS PROPERLY PAYABLE. 3. WERE MADE ON THE FOLLOWING VOUCHERS: TABLE VOUCHER NO. WERE MADE ON THE FOLLOWING VOUCHERS: TABLE VOUCHER NO. THE APPOINTMENT OF THESE EMPLOYEES WAS APPROVED IN ACCORDANCE WITH THE SCHEDULE OF SECURITY WAGES PRESCRIBED BY EXECUTIVE ORDER NO. 7046. AUTHORITY IS GRANTED FOR THE EMERGENCY APPOINTMENTS OF THE FOLLOWING FOR DUTY AT JEFFERSON BARRACKS: WILLIAM ENGEL. AS THE ABOVE PERSONNEL ARE REQUIRED IN SUPERVISORY CAPACITIES. THE SERVICES OF THE EMPLOYEES ARE REQUIRED IN CONNECTION WITH THE WORK RELIEF PROGRAM AT JEFFERSON BARRACKS AND FUNDS ARE AVAILABLE AT THAT STATION UNDER OP 13-147 FOR THE PAYMENT OF THEIR SALARIES. 2.

A-70159, MARCH 14, 1936, 15 COMP. GEN. 791

COMPENSATION - SECURITY WAGE - ADJUSTMENT TO ANNUAL RATE THE EXEMPTION OF SUPERVISORY EMPLOYEES FROM THE SCHEDULE OF SECURITY WAGES PROVIDED BY EXECUTIVE ORDER NO. 7046, DATED MAY 20, 1935, DOES NOT OF ITSELF AUTHORIZE RETROACTIVE EFFECT TO AN ADMINISTRATIVE ADJUSTMENT IN COMPENSATION FROM THE SECURITY WAGE TO AN ANNUAL RATE.

ACTING COMPTROLLER GENERAL ELLIOTT TO CAPT. C. E. GRAY, UNITED STATES ARMY, MARCH 14, 1936:

THERE HAS BEEN RECEIVED THROUGH THE OFFICE OF CHIEF OF FINANCE YOUR LETTER OF JANUARY 8, 1936, AS FOLLOWS:

1. THE ENCLOSED APPROVED VOUCHER, HAVING BEEN PRESENTED TO THE UNDERSIGNED DISBURSING OFFICER REQUESTING PAYMENT, IS TRANSMITTED HEREWITH FOR ADVANCE DECISION AS TO WHETHER OR NOT IT CAN BE PAID, PARTICULAR ATTENTION BEING INVITED TO THE CORRESPONDENCE FILED THEREWITH RELATIVE TO THE RATE.

2. THE DOUBT ENTERTAINED BY THE DISBURSING OFFICER RELATIVE TO THE PROPOSED PAYMENTS COMES FROM THE FACT THAT THESE EMPLOYEES APPARENTLY RENDERED SERVICES UPON THE ASSUMPTION THAT THEY WOULD BE PAID AT THE RATE OF $94.00 A MONTH. IT, THEREFORE, BECOMES NECESSARY FOR AN ADVANCE DECISION TO BE RENDERED, DEFINITELY SETTING FORTH THE DATE ON WHICH THE INCREASED RATE IS PROPERLY PAYABLE.

3. THE RECORDS INDICATE THAT MRS. L. BARKER ENTERED ON DUTY SEPT. 10, 1935, AND PREVIOUS PAYMENTS TO HER FOR THE PERIOD FROM SEPT. 10, 1935, TO NOV. 30, 1935, INCLUSIVE, WERE MADE ON THE FOLLOWING VOUCHERS:

TABLE

VOUCHER NO. PERIOD COVERED DATE PAID AMOUNT RATE PER

MONTH 101 OCTOBER 1935 ---- SEPT. 10-30, 1935 - OCT. 2, 1935 $65.80 $94 1429 OCTOBER 1935 --- OCT. 1-15, 1935 --- OCT. 16, 1935 47.00 94 2 NOVEMBER 1935 ----- OCT. 16-31, 1935 -- NOV. 1, 1935 47.00 94 1467 NOVEMBER 1935 -- NOV. 1-15, 1935 --- NOV. 15, 1935 47.00 94 2546 NOVEMBER 1935 -- NOV. 16-30, 1935 - NOV. 30, 1935 47.00 94

4. THE RECORDS INDICATE THAT WM. ENGEL ENTERED ON DUTY SEPT. 9, 1935, AND PAYMENTS TO HIM FOR THE PERIOD FROM SEPT. 9, 1935, TO NOV. 30, 1935, WERE MADE ON THE FOLLOWING VOUCHERS:

TABLE

VOUCHER NO. PERIOD COVERED DATE PAID AMOUNT RATE PER

MONTH 101 OCTOBER 1935 ---- SEPT. 9-30, 1935 -- OCT. 2, 1935 $68.93 $94 1429 OCTOBER 1935 --- OCT. 1-15, 1935 --- OCT. 16, 1935 47.00 94 2 NOVEMBER 1935 ---- OCT. 16-31, 1935 -- NOV. 1, 1935 47.00 94 1467 NOVEMBER 1935 -- NOV. 1-15, 1935 --- NOV. 15, 1935 47.00 94 2546 NOVEMBER 1935 - NOV. 16-30, 1935 -- NOV. 30, 1935 47.00 94

ALL VOUCHERS PERTAIN TO THE ACCOUNTS OF CAPT. C. E. GRAY, F.D., ST. LOUIS, MO.

THE SUPPLEMENTARY PAY-ROLL VOUCHER TRANSMITTED WITH YOUR LETTER PROPOSES PAYMENT TO THE TWO EMPLOYEES MENTIONED IN YOUR LETTER OF THE DIFFERENCE BETWEEN SECURITY WAGES AT THE RATE OF $94 PER MONTH AND COMPENSATION AS SUPERVISORY EMPLOYEES AT THE RATE OF $1,260 PER ANNUM ($105 PER MONTH), FOR THE PERIOD FROM DATE OF ENTRANCE UPON DUTY OF EACH OF THE EMPLOYEES, RESPECTIVELY, TO NOVEMBER 30, 1935.

THESE TWO EMPLOYEES APPEAR TO BE A PART OF THE SUPERVISORY FORCE EMPLOYED IN CONNECTION WITH WORKS PROGRESS ADMINISTRATION PROJECT, QUARTERMASTER CORPS, UNITED STATES ARMY, JEFFERSON BARRACKS, MO. BY ADMINISTRATIVE ORDER DATED SEPTEMBER 17, 1935, THE APPOINTMENT OF THESE EMPLOYEES WAS APPROVED IN ACCORDANCE WITH THE SCHEDULE OF SECURITY WAGES PRESCRIBED BY EXECUTIVE ORDER NO. 7046, DATED MAY 20, 1935, AS FOLLOWS:

WM. ENGEL, ENGINEERING SUPERINTENDENT, $94.00 PER MONTH.

L. BARKER, SUPERVISING ACCOUNTANT, $94.00 PER MONTH.

ADMINISTRATIVE ORDER DATED NOVEMBER 4, 1935, PROVIDED:

1. AUTHORITY IS GRANTED FOR THE EMERGENCY APPOINTMENTS OF THE FOLLOWING FOR DUTY AT JEFFERSON BARRACKS:

WILLIAM ENGEL, ENGINEERING SUPERINTENDENT, $1,260 PER ANNUM.

L. BARKER, SUPERVISING ACCOUNTANT, $1,260 PER ANNUM.

AS THE ABOVE PERSONNEL ARE REQUIRED IN SUPERVISORY CAPACITIES, THEY SHOULD BE PAID RATES IN ACCORDANCE WITH EXECUTIVE ORDER 6746. THE SERVICES OF THE EMPLOYEES ARE REQUIRED IN CONNECTION WITH THE WORK RELIEF PROGRAM AT JEFFERSON BARRACKS AND FUNDS ARE AVAILABLE AT THAT STATION UNDER OP 13-147 FOR THE PAYMENT OF THEIR SALARIES.

2. THESE EMPLOYEES SHOULD BE CERTIFIED BY THE STATE ADMINISTRATOR BEFORE APPOINTMENT IN ACCORDANCE WITH CIRCULAR LETTER NO. 70.

HOWEVER, IT IS UNDERSTOOD THAT THE RATE OF COMPENSATION OF THESE TWO EMPLOYEES WAS FIXED AT $94 PER MONTH UNDER THE SCHEDULE OF SECURITY WAGES AND THAT IT WAS NOT UNTIL ON OR AFTER DECEMBER 1, 1935, THAT THE RATES WERE ADMINISTRATIVELY ADJUSTED TO $1,260 PER ANNUM UNDER THE TERMS OF PARAGRAPH (F), PART I, OF THE EXECUTIVE ORDER NO. 7046 EXEMPTING SUPERVISORY EMPLOYEES FROM THE SCHEDULE OF SECURITY WAGES; AND THAT THERE WAS NO AGREEMENT BETWEEN THE GOVERNMENT AND THE EMPLOYEES THAT THERE WAS TO BE ANY ADJUSTMENT OF THE SALARY RATE FOR THE PERIOD DURING WHICH THE RATE OF $94 PER MONTH WAS PAID AND ACCEPTED BY THE EMPLOYEES.

THE ORIGINAL ACTION FIXING THE COMPENSATION OF THESE SUPERVISORY EMPLOYEES UNDER THE SCHEDULE OF SECURITY WAGES PRESCRIBED BY THE EXECUTIVE ORDER WAS NOT UNLAWFUL. THE EXEMPTION OF SUPERVISORY PERSONNEL BY PARAGRAPH (F), PART I, OF EXECUTIVE ORDER NO. 7046 DID NOT OPERATE TO ALLOW A SALARY RATE FOR SUCH CLASS OF EMPLOYEES IN EXCESS OF THE SECURITY WAGE FIXED IN THE EXECUTIVE ORDER UNTIL THE SALARY FOR SUCH CLASS WAS OTHERWISE FIXED BY ADMINISTRATIVE ACTION. HENCE, THE ADMINISTRATIVE ADJUSTMENT IN COMPENSATION FROM SECURITY WAGES TO AN ANNUAL RATE OF COMPENSATION AS SUPERVISORY PERSONNEL UNDER THE EXEMPTION CAN HAVE NO RETROACTIVE EFFECT, WHICH APPEARS TO BE THE BASIS UPON WHICH THE SUPPLEMENTAL PAY-ROLL VOUCHER IN THIS INSTANCE HAS BEEN ADMINISTRATIVELY APPROVED FOR PAYMENT.

YOU ARE ADVISED, THEREFORE, THAT PAYMENT ON THE VOUCHER IS NOT AUTHORIZED.