A-8208, MARCH 12, 1925, 4 COMP. GEN. 755

A-8208: Mar 12, 1925

Additional Materials:

Contact:

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

 

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

IS TO BE DETERMINED IN ACCORDANCE WITH THE DECISION IN 3 COMP. WILL NOT BE DISTURBED. THERE IS FOR CONSIDERATION WHETHER THE MAXIMUM PER DIEM RATE AUTHORIZED TO BE PAID FOR PERSONAL SERVICES UNDER THE RECLAMATION FUND DURING THE PRESENT FISCAL YEAR MAY EXCEED THE RATE FIXED BY THE CLASSIFICATION ACT OF MARCH 4. THE QUESTION IS PRESENTED BY THE CREDITS CLAIMED FOR PAYMENT TO LOUIS C. THE PAYMENTS WERE CHARGED TO THE APPROPRIATION "GENERAL INVESTIGATIONS. WHICH PROVIDED FOR PERSONAL SERVICES AND WAS MADE AVAILABLE UNTIL DECEMBER 31. TO THE RATES ESTABLISHED BY THE CLASSIFICATION ACT OF 1923 FOR POSITIONS IN THE DEPARTMENTAL SERVICES IN THE DISTRICT OF COLUMBIA THE FOLLOWING SUMS ARE APPROPRIATED.

A-8208, MARCH 12, 1925, 4 COMP. GEN. 755

CLASSIFICATION OF CIVILIAN EMPLOYEES - MAXIMUM PER DIEM RATE FOR FIELD SERVICE UNDER THE PROVISIONS OF THE ACT OF DECEMBER 6, 1924, 43 STAT. 704, PROVIDING APPROPRIATIONS TO ENABLE ADJUSTMENT OF THE RATES OF COMPENSATION IN CERTAIN FIELD SERVICES FOR THE FISCAL YEAR 1925 TO CORRESPOND TO RATES FIXED BY THE CLASSIFICATION ACT OF 1923, THE MAXIMUM PER DIEM RATE AUTHORIZED TO BE PAID FOR PERSONAL SERVICES IN THE RECLAMATION SERVICE, ONE OF THE FIELD SERVICES MENTIONED IN THE APPROPRIATION ACT, DECEMBER 6, 1924, IS TO BE DETERMINED IN ACCORDANCE WITH THE DECISION IN 3 COMP. GEN. 877; I.E., BY DIVIDING BY 360 THE ANNUAL RATE AUTHORIZED BY THE CLASSIFICATION ACT FOR A CORRESPONDING POSITION. PAYMENTS MADE TO FIELD EMPLOYEES FOR SERVICES RENDERED ON AND PRIOR TO DECEMBER 6, 1924, AT RATES AUTHORIZED UNDER LAWS IN EFFECT PRIOR TO SAID DATE, WILL NOT BE DISTURBED.

DECISION BY COMPTROLLER GENERAL MCCARL, MARCH 12, 1925:

IN CONNECTION WITH THE SETTLEMENT OF THE ACCOUNTS OF J. B. CALLAHAN, DISBURSING CLERK, DEPARTMENT OF THE INTERIOR, THERE IS FOR CONSIDERATION WHETHER THE MAXIMUM PER DIEM RATE AUTHORIZED TO BE PAID FOR PERSONAL SERVICES UNDER THE RECLAMATION FUND DURING THE PRESENT FISCAL YEAR MAY EXCEED THE RATE FIXED BY THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1488, FOR CORRESPONDING POSITIONS IN THE GOVERNMENT SERVICE IN THE DISTRICT OF COLUMBIA.

THE QUESTION IS PRESENTED BY THE CREDITS CLAIMED FOR PAYMENT TO LOUIS C. HILL, CONSULTING ENGINEER, RECLAMATION SERVICE, FOR COMPENSATION AT THE RATE OF $30 PER DIEM AND EXPENSES $4 PER DIEM, FOR THE PERIOD SEPTEMBER 19 TO OCTOBER 11, 1924, INCLUSIVE, AND ADDITIONAL PART-TIME SERVICE ON OCTOBER 21 AND 23, AMOUNTING IN ALL TO $778, PER VOUCHERS NOS. 5265 AND 5266, DATED OCTOBER 14 AND NOVEMBER 6, 1924, RESPECTIVELY.

THE PAYMENTS WERE CHARGED TO THE APPROPRIATION "GENERAL INVESTIGATIONS, RECLAMATION SERVICE, 1923-DECEMBER 31, 1924," ACT OF MARCH 4, 1923, 42 STAT. 1540, WHICH PROVIDED FOR PERSONAL SERVICES AND WAS MADE AVAILABLE UNTIL DECEMBER 31, 1924.

THE APPROPRIATION ACT OF DECEMBER 6, 1924, 43 STAT. 704, EFFECTIVE FROM JULY 1, 1924, INCLUDED AN ITEM "RECLAMATION SERVICE: FOR THE RECLAMATION SERVICE, $365,400; FOR GENERAL INVESTIGATIONS, $7,620; IN ALL, $373,020, PAYABLE FROM THE RECLAMATION FUND," AND CONTAINED THE FOLLOWING GENERAL PROVISIONS:

THAT TO ENABLE THE HEADS OF THE SEVERAL DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS TO ADJUST THE COMPENSATION OF CIVILIAN EMPLOYEES IN CERTAIN FIELD SERVICES TO CORRESPOND, SO FAR AS MAY BE PRACTICABLE, TO THE RATES ESTABLISHED BY THE CLASSIFICATION ACT OF 1923 FOR POSITIONS IN THE DEPARTMENTAL SERVICES IN THE DISTRICT OF COLUMBIA THE FOLLOWING SUMS ARE APPROPRIATED, OUT OF ANY MONEY IN THE TREASURY NOT OTHERWISE APPROPRIATED, FOR THE SERVICE OF THE FISCAL YEAR ENDING JUNE 30, 1925, NAMELY:

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.

IN DECISION OF JANUARY 3, 1925, 4 COMP. GEN. 582, IT WAS HELD THAT THE STATUTE DID NOT HAVE THE EFFECT OF EXTENDING THE PROVISIONS OF THE CLASSIFICATION ACT ABSOLUTELY AND PERMANENTLY TO THE FIELD FORCE, BUT ENABLED FOR THE FISCAL YEAR 1925 THE ADJUSTMENT IN RATES OF COMPENSATION OF EMPLOYEES IN CERTAIN FIELD SERVICES TO CORRESPOND TO THE RATES FIXED BY THE CLASSIFICATION ACT SO FAR AS MAY BE PRACTICABLE, AND BECAUSE OF ALL THE CIRCUMSTANCES SURROUNDING THE DELAY IN THE ENACTMENT OF THE APPROPRIATION ACT SUCH ADJUSTMENT MIGHT BE RETROACTIVELY EFFECTIVE FROM JULY 1, 1924.

WHILE THE CLASSIFICATION ACT IN ALL ITS PHASES WAS NOT EXTENDED TO THE FIELD SERVICE THEREBY, THE AUTHORITY IN THE APPROPRIATION ACT TO ADJUST THE RATES OF PAY OF PERSONNEL IN THE FIELD SERVICES THEREIN APPROPRIATED FOR REQUIRES THAT THE DUTIES AND RESPONSIBILITIES OF A POSITION WILL DETERMINE THE CLASS TO WHICH SUCH POSITION BELONGS AND THE GRADE TO WHICH IT SHALL BE ALLOCATED. 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 SUCH POSITION SHOULD THEN BE FIXED IN ACCORDANCE WITH THE RULES LAID DOWN IN THE CLASSIFICATION ACT. COMP. GEN. 625, 626. AS TO THE RULE FOR DETERMINING THE MAXIMUM PER DIEM EQUIVALENT OF THE PER ANNUM RATES FIXED UNDER THE CLASSIFICATION ACT, SEE 3 COMP. GEN. 877.

THE RULE FOR DETERMINING THE SALARY RATE OF POSITIONS IN THE FIELD SERVICE AS ANNOUNCED IN THE PRECEDING PARAGRAPH HEREOF IS APPLICABLE TO TEMPORARY POSITIONS AS WELL AS PERMANENT POSITIONS. 4 COMP. GEN. 54; ID. 296. ACCORDINGLY PAYMENT FOR SERVICES RENDERED SUBSEQUENT TO DECEMBER 6, 1924, BY A CONSULTING ENGINEER IN THE RECLAMATION SERVICE AT THE PER DIEM RATE IN EXCESS OF THE PER ANNUM RATE FIXED UNDER THE CLASSIFICATION ACT FOR CORRESPONDING SERVICE AT THE SEAT OF GOVERNMENT WOULD NOT BE AUTHORIZED.

PAYMENTS MADE TO FIELD EMPLOYEES OF THE RECLAMATION SERVICE FOR SERVICES RENDERED ON AND PRIOR TO DECEMBER 6, 1924, AT RATES AUTHORIZED UNDER LAWS IN EFFECT PRIOR TO SAID DATE, WILL NOT BE DISTURBED.