A-83417, FEBRUARY 9, 1937, 16 COMP. GEN. 750

A-83417: Feb 9, 1937

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PROHIBITING SALARY INCREASES UPON TRANSFERS TO POSITIONS IN THE FEDERAL SERVICE THE SALARIES OF WHICH ARE PAID FROM EMERGENCY FUNDS. IS NOT APPLICABLE TO EMPLOYEES TRANSFERRED FROM OTHER THAN ONE OF THE EXECUTIVE DEPARTMENTS. THEREFOR IS NOT FOR APPLICATION TO AN EMPLOYEE TRANSFERRED FROM THE LIBRARY OF CONGRESS. CERTIFICATION OF WHICH WAS REFUSED ORIGINALLY FOR THE REASON THAT THE EMPLOYEE HAD BEEN TRANSFERRED FROM THE LIBRARY OF CONGRESS WHERE HE WAS RECEIVING A SALARY OF $1. 260 PER ANNUM AND NO EVIDENCE OF COMPLIANCE WITH EXECUTIVE ORDER 7070 WAS FURNISHED. IN RESUBMITTING THE VOUCHER IT WAS ACCOMPANIED BY A LETTER FROM THE ACTING DIRECTOR OF FINANCE AND CONTROL DIVISION. URGING THAT THE EXECUTIVE ORDER WAS RESTRICTED IN ITS APPLICATION TO EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS AND WAS NOT APPLICABLE UNDER THE CIRCUMSTANCES IN THIS CASE.

A-83417, FEBRUARY 9, 1937, 16 COMP. GEN. 750

OFFICERS AND EMPLOYEES - TRANSFERS TO POSITIONS PAID FROM EMERGENCY FUNDS - COMPENSATION INCREASES EXECUTIVE ORDER 7070, DATED JUNE 12, 1935, PROHIBITING SALARY INCREASES UPON TRANSFERS TO POSITIONS IN THE FEDERAL SERVICE THE SALARIES OF WHICH ARE PAID FROM EMERGENCY FUNDS, IS NOT APPLICABLE TO EMPLOYEES TRANSFERRED FROM OTHER THAN ONE OF THE EXECUTIVE DEPARTMENTS, ESTABLISHMENTS, OR AGENCIES, AND THEREFOR IS NOT FOR APPLICATION TO AN EMPLOYEE TRANSFERRED FROM THE LIBRARY OF CONGRESS, A LEGISLATIVE AGENCY.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF AGRICULTURE, FEBRUARY 9, 1937:

THERE HAS BEEN RESUBMITTED FOR PREAUDIT A PAY-ROLL VOUCHER IN FAVOR OF JOSEPH GELLERMANN, RESEARCH ASSISTANT, CAF-4, RESETTLEMENT ADMINISTRATION, FOR THE PERIOD DECEMBER 1-31, 1936, AT $1,800 PER ANNUM, CERTIFICATION OF WHICH WAS REFUSED ORIGINALLY FOR THE REASON THAT THE EMPLOYEE HAD BEEN TRANSFERRED FROM THE LIBRARY OF CONGRESS WHERE HE WAS RECEIVING A SALARY OF $1,260 PER ANNUM AND NO EVIDENCE OF COMPLIANCE WITH EXECUTIVE ORDER 7070 WAS FURNISHED. IN RESUBMITTING THE VOUCHER IT WAS ACCOMPANIED BY A LETTER FROM THE ACTING DIRECTOR OF FINANCE AND CONTROL DIVISION, URGING THAT THE EXECUTIVE ORDER WAS RESTRICTED IN ITS APPLICATION TO EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS AND WAS NOT APPLICABLE UNDER THE CIRCUMSTANCES IN THIS CASE.

THE EXECUTIVE ORDER 7070 OF JUNE 12, 1935, PROVIDES:

1. ALL APPOINTMENTS AND REAPPOINTMENTS MADE BY THE SEVERAL EXECUTIVE DEPARTMENTS, INDEPENDENT ESTABLISHMENTS, AND EMERGENCY AGENCIES, THE SALARIES IN CONNECTION WITH WHICH ARE PAID FROM EMERGENCY FUNDS AS DISTINGUISHED FROM THE APPROPRIATIONS FOR THE REGULAR ACTIVITIES OF THE GOVERNMENT, SHALL BE MADE AND SPECIFICALLY DESIGNATED AS EITHER TEMPORARY OR EMERGENCY APPOINTMENTS, AND IN THE CASE OF EMERGENCY APPOINTMENTS SHALL BE EXPRESSLY LIMITED AS TO THE DURATION THEREOF TO A PERIOD NOT EXTENDING BEYOND THE EXPIRATION OF THE EMERGENCY APPROPRIATION FROM WHICH SUCH SALARIES ARE PAID, AND IN NO EVENT BEYOND JUNE 30, 1937.

2. NO OFFICER OR REPRESENTATIVE OF ANY DEPARTMENT OR AGENCY SHALL CONTACT OR NEGOTIATE WITH AN EMPLOYEE OF ANOTHER DEPARTMENT OR AGENCY WITH A VIEW TO EFFECTING THE TRANSFER OF SUCH EMPLOYEE UNTIL PERMISSION FOR SUCH CONTACT OR NEGOTIATION HAS BEEN GIVEN BY THE HEAD OF THE DEPARTMENT OR AGENCY IN WHICH SUCH EMPLOYEE IS EMPLOYED.

3. IF SUCH TRANSFER IS APPROVED, THE SALARY OF THE EMPLOYEE TRANSFERRED TO A POSITION THE SALARY OF WHICH IS PAID FROM EMERGENCY FUNDS SHALL NOT BE INCREASED AT THE TIME OF THE TRANSFER EXCEPT UPON THE APPROVAL OF THE PRESIDENT, AND THEREAFTER NO INCREASE SHALL BE MADE IN THE SALARY OF SUCH EMPLOYEE PAID FROM EMERGENCY FUNDS FOR A PERIOD OF AT LEAST SIX MONTHS.

CONSIDERING THE PROVISIONS OF SECTIONS 2 AND 3 IN THE LIGHT OF SECTION 1 THERE WOULD APPEAR TO BE NO ROOM FOR REASONABLE DOUBT THAT THE INHIBITIONS WITH RESPECT TO TRANSFER ARE APPLICABLE ONLY TO TRANSFERS BETWEEN "THE SEVERAL EXECUTIVE DEPARTMENTS, INDEPENDENT ESTABLISHMENTS, AND EMERGENCY AGENCIES.' HENCE, SUCH INHIBITIONS HAVE NO APPLICATION WHEN THE TRANSFER IS FROM OTHER THAN ONE OF THE EXECUTIVE DEPARTMENTS, ESTABLISHMENTS, OR AGENCIES. COMPARE 15 COMP. GEN. 448. AS THE TRANSFER IN THE PRESENT CASE WAS FROM THE LIBRARY OF CONGRESS, WHICH IS A LEGISLATIVE AND NOT AN EXECUTIVE AGENCY, THE VOUCHER WILL BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT, AND RETURNED THROUGH THE USUAL CHANNELS.