A-7306, JANUARY 22, 1925, 4 COMP. GEN. 625

A-7306: Jan 22, 1925

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ARE APPLICABLE TO ALL CIVILIAN FIELD EMPLOYEES. 1925: I HAVE YOUR LETTER OF DECEMBER 31. AN INCREASE IN THE SALARIES OF PRESIDENTIAL APPOINTEES IN THE CUSTOMS SERVICE IS AUTHORIZED. AMONG THE SERVICES APPROPRIATED FOR IS THE FIELD SERVICE ENGAGED IN COLLECTING REVENUE FROM CUSTOMS FOR WHICH THE SUM OF $3. 000 IS PROVIDED. WAS ONLY APPLICABLE TO PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA. THE EFFECT OF THE LATTER ACT IS NOT TO EXTEND THE PROVISIONS OF THE CLASSIFICATION ACT ABSOLUTELY AND PERMANENTLY TO THE FIELD FORCE. THIS PROVISION OF LAW EXTENDING THE CLASSIFICATION ACT RATES OF COMPENSATION TO THE FIELD SERVICES SPECIFICALLY MENTIONED IN THE ACT MAKES NO DISTINCTION BETWEEN PRESIDENTIAL APPOINTEES AND OTHER EMPLOYEES AND THERE IS NOTHING IN THE CLASSIFICATION ACT JUSTIFYING SUCH DISTINCTION.

A-7306, JANUARY 22, 1925, 4 COMP. GEN. 625

CLASSIFICATION OF CIVILIAN EMPLOYEES - PRESIDENTIAL APPOINTEES IN THE FIELD SERVICE THE PROVISIONS OF THE ACT OF DECEMBER 6, 1924, 43 STAT. 704, AUTHORIZING THE ADJUSTMENT OF COMPENSATION OF FIELD EMPLOYEES TO CORRESPOND TO THE RATES FIXED BY THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1488, ARE APPLICABLE TO ALL CIVILIAN FIELD EMPLOYEES, WHETHER PRESIDENTIAL APPOINTEES OR OTHERWISE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, JANUARY 22, 1925:

I HAVE YOUR LETTER OF DECEMBER 31, 1924, REQUESTING DECISION WHETHER UNDER THE PROVISIONS OF THE ACT APPROVED DECEMBER 6, 1924, 43 STAT. 704, AN INCREASE IN THE SALARIES OF PRESIDENTIAL APPOINTEES IN THE CUSTOMS SERVICE IS AUTHORIZED.

THE ACT OF DECEMBER 6, 1924, PROVIDES ADDITIONAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30, 1925,"TO ENABLE THE HEADS OF THE SEVERAL DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS TO ADJUST THE COMPENSATION OF CIVILIAN EMPLOYEES IN CERTAIN FIELD SERVICES TO THE CLASSIFICATION ACT OF 1923 FOR POSITIONS IN THE DEPARTMENTAL SERVICES IN THE DISTRICT OF COLUMBIA.' AMONG THE SERVICES APPROPRIATED FOR IS THE FIELD SERVICE ENGAGED IN COLLECTING REVENUE FROM CUSTOMS FOR WHICH THE SUM OF $3,150,000 IS PROVIDED. THE ACT SPECIFICALLY PROVIDES ON PAGE 712:

THE APPROPRIATIONS HEREIN MADE MAY BE UTILIZED BY THE HEADS OF THE SEVERAL DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS TO ACCOMPLISH THE PURPOSES OF THIS ACT NOTWITHSTANDING THE SPECIFIC RATES OF COMPENSATION AND THE SALARY RESTRICTIONS CONTAINED IN THE REGULAR ANNUAL APPROPRIATION ACTS FOR THE FISCAL YEAR 1925 OR THE SALARY RESTRICTIONS IN OTHER ACTS WHICH LIMIT SALARIES TO RATES IN CONFLICT WITH THE RATES FIXED BY THE CLASSIFICATION ACT OF 1923 FOR THE DEPARTMENTAL SERVICE.

THE SCHEDULE OF SALARIES PROVIDED IN THE CLASSIFICATION ACT OF 1923, PRIOR TO THE PASSAGE OF THE ACT OF DECEMBER 6, 1924, WAS ONLY APPLICABLE TO PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA. THE EFFECT OF THE LATTER ACT IS NOT TO EXTEND THE PROVISIONS OF THE CLASSIFICATION ACT ABSOLUTELY AND PERMANENTLY TO THE FIELD FORCE, BUT TO ENABLE THE HEADS OF DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS TO ADJUST THE RATES OF COMPENSATION IN CERTAIN FIELD SERVICES TO CORRESPOND WITH THE RATES FIXED BY THE CLASSIFICATION ACT SO FAR AS PRACTICABLE FOR THE FISCAL YEAR 1925. THIS PROVISION OF LAW EXTENDING THE CLASSIFICATION ACT RATES OF COMPENSATION TO THE FIELD SERVICES SPECIFICALLY MENTIONED IN THE ACT MAKES NO DISTINCTION BETWEEN PRESIDENTIAL APPOINTEES AND OTHER EMPLOYEES AND THERE IS NOTHING IN THE CLASSIFICATION ACT JUSTIFYING SUCH DISTINCTION. THE TERM "EMPLOYEE, IS DEFINED BY THE CLASSIFICATION ACT AS MEANING "ANY PERSON TEMPORARILY OR PERMANENTLY IN A POSITION," AND THE TERM "POSITION" AS MEANING "A SPECIFIC CIVILIAN OFFICE OR EMPLOYMENT, WHETHER OCCUPIED OR VACANT, IN A DEPARTMENT" WITH CERTAIN EXCEPTIONS SPECIFICALLY STATED. SECTION 2 CLASSIFICATION ACT OF 1923, 42 STAT. 1488.

THE DUTIES AND RESPONSIBILITIES OF A POSITION WILL DETERMINE THE CLASS TO WHICH SUCH POSITION BELONGS AND THE GRADE TO WHICH IT SHOULD BE ALLOCATED, REGARDLESS OF WHETHER THE POSITION IS TO BE FILLED BY PRESIDENTIAL APPOINTMENT OR OTHERWISE. 4 COMP. GEN. 326. AFTER DETERMINING THE CORRESPONDING GRADE UNDER THE CLASSIFICATION ACT TO WHICH A GIVEN FIELD SERVICE POSITION SHOULD BE ALLOCATED, THE SALARY OF THE PERSON HOLDING SAID POSITION SHOULD THEN BE FIXED IN ACCORDANCE WITH THE RULES LAID DOWN IN SECTION 6 OF THE CLASSIFICATION ACT. IF THE SALARY AS THUS FIXED IN THE CASE OF A PRESIDENTIAL APPOINTEE IS IN EXCESS OF THE SALARY OTHERWISE FIXED BY LAW FOR SAID POSITION THE RESULTING INCREASE IN SALARY IS AUTHORIZED IN SO FAR AS THE PRESENT APPROPRIATION IS CONCERNED.