A-7551, MAY 16, 1925, 4 COMP. GEN. 957

A-7551: May 16, 1925

Additional Materials:

Contact:

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

 

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

IS A MATTER FOR THE CONSIDERATION OF THE HEAD OF THE DEPARTMENT IN WHICH THE PERSON IS EMPLOYED AND THE CIVIL SERVICE COMMISSION. IS NOT A MATTER WHICH NEED AWAIT APPROVAL BY THE PERSONNEL CLASSIFICATION BOARD. WHEN THE APPROVAL SPECIFICALLY STATES THAT THE APPOINTMENT OR PROMOTION WILL BE EFFECTIVE FROM A LATER DATE THAN THE ACTION OF THE COMMISSIONER COMPENSATION AT THE HIGHER RATE IS PAYABLE ONLY FROM EFFECTIVE DATE SO FIXED. WHEREIN WAS DISALLOWED HIS CLAIM FOR DIFFERENCE IN SALARY BETWEEN $2. THE POSITION THEN HELD BY CLAIMANT WAS ALLOCATED BY THE CLASSIFICATION BOARD TO P-2 AND HIS SALARY ADJUSTED TO $2. THERE WAS FORWARDED TO THE CLASSIFICATION BOARD A SHEET DESCRIBING NEW DUTIES AND PURPORTING TO ASSIGN HIM TO A POSITION ALREADY ALLOCATED TO GRADE P-3 BY SAID BOARD.

A-7551, MAY 16, 1925, 4 COMP. GEN. 957

CLASSIFICATION OF CIVILIAN EMPLOYEES - PROMOTIONS BETWEEN ALLOCATED POSITIONS THE PROMOTION OF AN EMPLOYEE FROM A POSITION IN A LOWER GRADE TO ONE IN A HIGHER GRADE, BOTH POSITIONS HAVING PREVIOUSLY BEEN ALLOCATED, IS A MATTER FOR THE CONSIDERATION OF THE HEAD OF THE DEPARTMENT IN WHICH THE PERSON IS EMPLOYED AND THE CIVIL SERVICE COMMISSION, AND IS NOT A MATTER WHICH NEED AWAIT APPROVAL BY THE PERSONNEL CLASSIFICATION BOARD. PROMOTIONS IN THE INTERNAL REVENUE SERVICE TO POSITIONS TO WHICH APPOINTMENTS AND PROMOTIONS MAY BE MADE BY THE COMMISSIONER OF INTERNAL REVENUE, WITH THE APPROVAL OF THE SECRETARY OF THE TREASURY, MAY BE APPROVED BY THE SECRETARY OF THE TREASURY AS EFFECTIVE FROM THE DATE OF ENTRANCE UPON DUTY AFTER ACTION BY THE COMMISSIONER, BUT WHEN THE APPROVAL SPECIFICALLY STATES THAT THE APPOINTMENT OR PROMOTION WILL BE EFFECTIVE FROM A LATER DATE THAN THE ACTION OF THE COMMISSIONER COMPENSATION AT THE HIGHER RATE IS PAYABLE ONLY FROM EFFECTIVE DATE SO FIXED.

DECISION BY COMPTROLLER GENERAL MCCARL, MAY 16, 1925:

OSCAR L. BOWEN APPLIED NOVEMBER 28, 1924, FOR REVIEW OF SETTLEMENT NO. O- 55071, OF NOVEMBER 12, 1924, WHEREIN WAS DISALLOWED HIS CLAIM FOR DIFFERENCE IN SALARY BETWEEN $2,500 AND $3,000 PER ANNUM FROM AUGUST 5 TO AUGUST 31, 1924, WHILE AN EMPLOYEE OF THE BUREAU OF INTERNAL REVENUE, ESTATE TAX DIVISION, ON ACCOUNT OF CHANGE IN GRADE FROM P-2 TO P-3.

IT APPEARS FROM THE RECORD IN THE CASE THAT ON JUNE 30, 1924, THE POSITION THEN HELD BY CLAIMANT WAS ALLOCATED BY THE CLASSIFICATION BOARD TO P-2 AND HIS SALARY ADJUSTED TO $2,500 PER ANNUM. ON AUGUST 5, 1924, A VACANCY HAVING OCCURRED IN GRADE P-3 AND THE CLAIMANT BEING DEEMED QUALIFIED TO FILL THE SAME, THERE WAS FORWARDED TO THE CLASSIFICATION BOARD A SHEET DESCRIBING NEW DUTIES AND PURPORTING TO ASSIGN HIM TO A POSITION ALREADY ALLOCATED TO GRADE P-3 BY SAID BOARD. NOTICE OF THE CHANGE IN GRADE WAS RECEIVED IN THE BUREAU OF INTERNAL REVENUE FROM THE BOARD ON SEPTEMBER 2, 1924. THE BUREAU, TREATING THIS EITHER AS AN ORIGINAL ALLOCATION OR A REALLOCATION OF THE POSITION BY THE BOARD, ADJUSTED CLAIMANT'S PAY AT $3,000 PER ANNUM BEGINNING SEPTEMBER 1, 1924, IN CONFORMITY WITH DECISIONS OF THIS OFFICE HOLDING THAT ALLOCATION MAY BE GIVEN EFFECT ONLY FOR THE PAY PERIOD CURRENT UPON THE DATE OF RECEIPT BY THE ADMINISTRATIVE OFFICE OF THE ALLOCATION, WHETHER IT BE AN ORIGINAL ALLOCATION OR AN ALLOCATION RESULTING FROM AN APPEAL. 4 COMP. GEN. 280; ID. 395. SUBSEQUENT TO THE RECEIPT FROM THE CLASSIFICATION BOARD OF THE CHANGE IN GRADE OF THE CLAIMANT, SAME WAS REPORTED TO THE SECRETARY OF THE TREASURY, WHO APPROVED IT SEPTEMBER 30, 1924, EFFECTIVE SEPTEMBER 1, 1924.

CHANGE IN GRADE IN THE PRESENT CASE DIFFERS MATERIALLY FROM EITHER AN ORIGINAL ALLOCATION OF POSITION BY THE CLASSIFICATION BOARD OR A REALLOCATION UPON RECONSIDERATION BY SAID BOARD. IT IS A PROMOTION OF AN EMPLOYEE FROM A POSITION IN A LOWER TO ONE IN A HIGHER GRADE, BOTH POSITIONS HAVING PREVIOUSLY BEEN ALLOCATED TO RESPECTIVE GRADES. THE MATTER OF FILLING POSITIONS AFTER THEY HAVE BEEN ALLOCATED TO PROPER GRADES IS ONE FOR THE CONSIDERATION OF THE HEAD OF THE DEPARTMENT IN WHICH THE PERSONS INVOLVED ARE EMPLOYED AND NOT ONE FALLING UNDER THE JURISDICTION OF THE CLASSIFICATION BOARD. THAT IS TO SAY, AFTER A POSITION HAS ONCE BEEN ALLOCATED BY THE BOARD BASED ON THE DESCRIBED DUTIES IN THE CLASSIFICATION SHEET, REGARDLESS OF THE NAME AT THE TOP THEREOF, OR WHETHER THERE IS ANY NAME AT THE TOP THEREOF, APPOINTMENTS OR PROMOTIONS TO THAT POSITION WHEN IT BECOMES VACANT NEED NOT BE REPORTED TO THE PERSONNEL CLASSIFICATION BOARD AS A MATTER OF STATUTORY REQUIREMENT, OR AS NECESSARY TO MAKE THE APPOINTMENT OR PROMOTION EFFECTIVE, AND IF NEVERTHELESS REPORTED, SHOULD BE CONSIDERED MERELY AS ADVISING THE BOARD RELATIVE TO THE STATUS OF THE POSITION, AND NOT AS REQUIRING OR JUSTIFYING ANY REALLOCATION.

THE QUALIFICATIONS OF INDIVIDUALS FOR APPOINTMENT AND PROMOTION TO VACANT POSITIONS WHICH HAVE ALREADY BEEN ALLOCATED IS A MATTER FOR CONSIDERATION OF THE ADMINISTRATIVE OFFICE AND THE CIVIL SERVICE COMMISSION.

IF THE POSITION INVOLVED IN THIS CASE HAD BEEN OF THE CLASS TO WHICH THE LAW AUTHORIZED APPOINTMENTS OR PROMOTIONS BY THE SECRETARY OF THE TREASURY ONLY, THE PROMOTION WOULD NOT HAVE BEEN EFFECTIVE UNTIL THE DATE OF THE SECRETARY'S ACTION, AND ACCORDINGLY PAYMENT AT THE INCREASED RATE WOULD HAVE BEEN AUTHORIZED FROM SEPTEMBER 30, 1924, ONLY. BUT IT IS UNDERSTOOD FROM THE RECORD THAT THE POSITION INVOLVED IS OF THE CLASS TO WHICH APPOINTMENTS AND PROMOTIONS ARE AUTHORIZED BY "THE COMMISSIONER OF INTERNAL REVENUE, WITH THE APPROVAL OF THE SECRETARY OF THE TREASURY.' SEE ACT OF MARCH 3, 1917, 39 STAT. 1091, AND ACT OF JULY 3, 1918, 40 STAT. 779. SUCH BEING THE CASE, IT WOULD HAVE BEEN WITHIN THE ADMINISTRATIVE DISCRETION OF THE SECRETARY TO APPROVE THE PROMOTION AS EFFECTIVE FROM THE DATE OF ENTRANCE UPON DUTY AFTER ACTION BY THE COMMISSIONER. 3 COMP. GEN. 559. BUT SINCE THE APPROVAL WAS NOT SO MADE, THE SECRETARY'S ACTION SPECIFICALLY MAKING THE PROMOTION EFFECTIVE FROM SEPTEMBER 1, 1924, IT MUST BE HELD THAT THE PROMOTION WAS EFFECTIVE FROM THAT DATE ONLY AND THAT PAYMENT OF THE INCREASED COMPENSATION FROM AN EARLIER DATE IS NOT AUTHORIZED.