A-73223, MAY 8, 1936, 15 COMP. GEN. 970

A-73223: May 8, 1936

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IF EMPLOYMENT IS NECESSARY IN EXCESS OF THE NUMBER OF HOURS ADMINISTRATIVELY ESTABLISHED FOR THE PARTICULAR PROJECT. THE DUTIES PERFORMED ARE SUCH AS EXEMPTED FROM THE SCHEDULE OF SECURITY WAGES. WHO IS THE SAME PERSON AS ON THE PAY ROLL SUBMITTED FOR ADVANCE DECISION. WAS PAID $47.00 FOR SIXTY (60) HOURS' WORK DURING THE PERIOD MARCH 1-15. THE UNDERSIGNED IS THE DISBURSING OFFICER. THE APPROPRIATION SOUGHT TO BE CHARGED IS "86212. ATTACHED TO THE VOUCHER IS THE FOLLOWING CERTIFICATE SIGNED BY THE CERTIFYING OFFICER. THIS IS TO CERTIFY THAT THE WORK PERFORMED BY MR. MOBLEY IS NECESSARY FOR THE PROPER CONDUCT OF BUSINESS. PAYROLL IS $30.00 PER MONTH. FROM YOUR SUBMISSION THE STATUS OF THIS EMPLOYEE IS NOT CLEAR.

A-73223, MAY 8, 1936, 15 COMP. GEN. 970

COMPENSATION - SECURITY WAGE - ADDITIONAL EMPLOYMENT - ADJUSTMENT OF SALARY AN EMPLOYEE PAID A SECURITY WAGE UNDER EXECUTIVE ORDER NO. 7046, DATED MAY 20, 1935, MAY NOT BE EMPLOYED AN ADDITIONAL NUMBER OF HOURS PER DAY WITH COMPENSATION THEREFOR PAYABLE FROM AN ANNUAL APPROPRIATION FOR AN EXECUTIVE DEPARTMENT, BUT IF EMPLOYMENT IS NECESSARY IN EXCESS OF THE NUMBER OF HOURS ADMINISTRATIVELY ESTABLISHED FOR THE PARTICULAR PROJECT, AND THE DUTIES PERFORMED ARE SUCH AS EXEMPTED FROM THE SCHEDULE OF SECURITY WAGES, THE POSITION SHOULD BE CLASSIFIED AND THE SALARY RATE FIXED UNDER THE CLASSIFICATION ACT, AS AMENDED, OR IN ACCORDANCE WITH EXECUTIVE ORDER NO. 6746, DATED JUNE 21, 1934.

COMPTROLLER GENERAL MCCARL TO MAJOR B. E. SAWYER, UNITED STATES ARMY, MAY 8, 1936:

THERE HAS BEEN RECEIVED THROUGH THE OFFICE OF CHIEF OF FINANCE YOUR LETTER OF MARCH 23, 1936, AS FOLLOWS:

REQUEST AN ADVANCE DECISION AS TO WHETHER THE INCLOSED VOUCHER, STANDARD FORM NO. 107 D, FOR THE PERIOD MARCH 1-15, 1936, IN THE AMOUNT OF $15.00, MAY BE PROPERLY PAID BY THIS OFFICE.

THE RECORDS OF THE DISTRICT FINANCE OFFICE, FORT DES MOINES, IOWA, SHOW THAT JAMES C. MOBLEY, ACCOUNTANT, WHO IS THE SAME PERSON AS ON THE PAY ROLL SUBMITTED FOR ADVANCE DECISION, WAS PAID $47.00 FOR SIXTY (60) HOURS' WORK DURING THE PERIOD MARCH 1-15, 1936, FROM THE APPROPRIATION 013119 EMERGENCY RELIEF, WAR, QM CORPS, CONSTRUCTION AND IMPROVEMENT OF BUILDINGS, ETC., 1935-37, ON VOUCHER NO. 1044, MARCH 1936 ACCOUNTS OF B. E. SAWYER, MAJOR, F.D.

THE UNDERSIGNED IS THE DISBURSING OFFICER, U.S. ARMY, FORT DES MOINES, IOWA, AND THE VOUCHER IN QUESTION HAS BEEN SUBMITTED TO HIM FOR PAYMENT.

THE PAY ROLL SUBMITTED CARRIES THE NAME OF JAMES C. MOBLEY, ACCOUNTANT, AT $30 PER MONTH AND BEARS THE NOTATION "HIRED 3/1/36.' THE APPROPRIATION SOUGHT TO BE CHARGED IS "86212, BARRACKS AND QUARTERS, ARMY, 1936.' ATTACHED TO THE VOUCHER IS THE FOLLOWING CERTIFICATE SIGNED BY THE CERTIFYING OFFICER.

THIS IS TO CERTIFY THAT THE WORK PERFORMED BY MR. JAMES C. MOBLEY IS NECESSARY FOR THE PROPER CONDUCT OF BUSINESS; THAT THE TOTAL NUMBER OF HOURS WORKED DO NOT EXCEED EIGHT HOURS PER DAY, .E., SIX HOURS ON W.P.A. PAYROLL AND TWO HOURS ON Q.M.C. PAYROLL, AND THAT THE SALARY PAID ON THE Q.M.C. PAYROLL IS $30.00 PER MONTH.

FROM YOUR SUBMISSION THE STATUS OF THIS EMPLOYEE IS NOT CLEAR. IT IS NOT SHOWN WHETHER HE WAS ENTERED ON THE QUARTERMASTER PAY ROLL FOR THE PURPOSE OF INCREASING HIS HOURS OF EMPLOYMENT FROM 6 HOURS PER DAY TO 8 HOURS PER DAY ON A PROJECT FINANCED BY AN ALLOTMENT TO THE WAR DEPARTMENT FROM FUNDS APPROPRIATED BY THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935, OR WHETHER HE WAS EMPLOYED FOR A NEW AND ENTIRELY SEPARATE POSITION FOR WHICH HIS SERVICES ARE PAYABLE FROM AN ANNUAL APPROPRIATION FOR THE WAR DEPARTMENT. IN OTHER WORDS, IT IS NOT SHOWN WHETHER THE EMPLOYEE IS HOLDING A SINGLE POSITION THE SALARY OR EARNINGS OF WHICH ARE PAYABLE FROM TWO SEPARATE APPROPRIATIONS, OR WHETHER HE IS HOLDING TWO POSITIONS IN THE SAME DEPARTMENT. IT IS NOTED, HOWEVER, THAT ON VOUCHER NO. 107 OF YOUR JANUARY 1936 ACCOUNT, HE WAS PAID AT THE RATE OF $94 PER MONTH FOR THE PERIOD DECEMBER 16 31, 1935. IT THUS APPEARS THAT PRIOR TO MARCH 1, 1936, HE WAS BEING PAID IN ACCORDANCE WITH THE SCHEDULE OF SECURITY WAGES PRESCRIBED BY EXECUTIVE ORDER NO. 7046, DATED MAY 20, 1935, AS AMENDED.

IN 15 COMP. GEN. 453, 454, IT WAS STATED WITH REFERENCE TO SECURITY WAGES PAID UNDER EXECUTIVE ORDER NO. 7046, THAT---

THE EXECUTIVE ORDER FIXES A MONTHLY SECURITY WAGE OR EARNINGS, WHICH ARE INTENDED AS MAXIMUM PAYMENTS, AND PRESCRIBES THE BASIS FOR FIXING THE MAXIMUM NUMBER OF HOURS OF WORK TO BE PERFORMED. THERE IS NO PROVISION FOR PAYMENT OF EXCESS MONTHLY EARNINGS IN INDIVIDUAL CASES OR GENERALLY, AND IT WOULD BE CONTRARY TO THE PURPOSE AND INTENT OF THE CONGRESS AND THE PRESIDENT, VIZ, THE SPREADING OF EMPLOYMENT WITH AVAILABLE FUNDS TO THE GREATEST POSSIBLE NUMBER OF UNEMPLOYED. THE ADMINISTRATIVE PERMITTING OF EXCESS MONTHLY EARNINGS IS NOT AUTHORIZED BY THE EXECUTIVE ORDER.

THIS PRINCIPLE WOULD LIKEWISE BE APPLICABLE WHERE A RELIEF WORKER IS PAID THE SECURITY WAGE FROM EMERGENCY RELIEF FUNDS UNDER EXECUTIVE ORDER NO. 7046, AND THERE SHOULD BE PROPOSED THAT HE BE EMPLOYED AN ADDITIONAL NUMBER OF HOURS PER DAY WITH COMPENSATION TO BE PAID AT THE APPLICABLE RATE UNDER AN ANNUAL APPROPRIATION FOR AN EXECUTIVE DEPARTMENT. IN ANY EVENT, HOWEVER, IT IS NOT THE PROPER PROCEDURE TO CARRY AN EMPLOYEE ON TWO SEPARATE ROLLS IN THE SAME DEPARTMENT, EVEN WHERE TWO DIFFERENT APPROPRIATIONS ARE INVOLVED (10 COMP. GEN. 233).

IF IT IS NECESSARY TO EMPLOY THIS ACCOUNTANT MORE HOURS PER MONTH THAN THE NUMBER OF HOURS ADMINISTRATIVELY ESTABLISHED FOR THIS PARTICULAR PROJECT, AND THE DUTIES OF THE EMPLOYEE ARE SUCH THAT HE COMES UNDER THE TERMS OF PARAGRAPH (F), PART 1, OF EXECUTIVE ORDER NO. 7046, EXEMPTING SUPERVISORY AND ADMINISTRATIVE EMPLOYEES FROM THE SCHEDULE OF SECURITY WAGES, THEN PAYMENT FOR HIS SERVICES IS GOVERNED BY EXECUTIVE ORDER NO. 6746, DATED JUNE 21, 1934. IN THAT EVENT THE POSITION SHOULD BE CLASSIFIED AND THE SALARY RATE FIXED EITHER UNDER THE TERMS OF THE CLASSIFICATION ACT, AS AMENDED, OR IN ACCORDANCE WITH THE TERMS OF THE EXECUTIVE ORDER. (SEE 14 COMP. GEN. 420; ID. 539; ID. 867.) SEE ALSO, DECISION OF MARCH 14, 1936, A-70159 (15 COMP. GEN. 791), RELATIVE TO ADMINISTRATIVE ADJUSTMENT IN COMPENSATION FROM SECURITY WAGES TO AN ANNUAL RATE OF COMPENSATION.

PAYMENT ON THE VOUCHER SUBMITTED IS NOT AUTHORIZED AND IT WILL BE RETAINED IN THE FILES OF THIS OFFICE.