A-8672, APRIL 1, 1925, 4 COMP. GEN. 827

A-8672: Apr 1, 1925

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ARE SUBJECT TO THE PROVISIONS OF THE CLASSIFICATION ACT OF 1923 AND ARE REQUIRED TO BE FINALLY ALLOCATED BY THE PERSONNEL CLASSIFICATION BOARD PRIOR TO APPOINTMENT THERETO BY THE ADMINISTRATIVE OFFICE. CREDIT WILL NOT BE ALLOWED FOR ANY PAYMENTS MADE AS COMPENSATION FOR SERVICE BETWEEN THE DATE OF APPOINTMENT AND THE DATE OF FINAL ALLOCATION IN THE CASE OF APPOINTMENTS HEREAFTER MADE TO POSITIONS WHICH HAVE NOT FIRST BEEN ALLOCATED BY THE PERSONNEL CLASSIFICATION BOARD. 1925: I HAVE YOUR LETTER OF MARCH 21. BROWN WAS APPOINTED UNDER SECTION 3 OF CIVIL SERVICE RULE 2 TO THE POSITION OF ATTORNEY IN THE OFFICE OF THE GENERAL COUNSEL OF THIS BUREAU. A COPY OF WHICH IS ENCLOSED. BEARS THE NOTATION "THE GRADE AND SALARY UNDER THIS APPOINTMENT ARE SUBJECT TO THE APPROVAL OF THE PERSONNEL CLASSIFICATION BOARD.'.

A-8672, APRIL 1, 1925, 4 COMP. GEN. 827

CLASSIFICATION OF CIVILIAN EMPLOYEES - ALLOCATION OF POSITION CIVILIAN POSITIONS IN THE DISTRICT OF COLUMBIA, CLASSED AS "EXCEPTED" UNDER SCHEDULE A OF THE CIVIL SERVICE RULES AND REGULATIONS, TO WHICH APPOINTMENTS MAY BE MADE WITHOUT EXAMINATION OR UPON NONCOMPETITIVE EXAMINATION, ARE SUBJECT TO THE PROVISIONS OF THE CLASSIFICATION ACT OF 1923 AND ARE REQUIRED TO BE FINALLY ALLOCATED BY THE PERSONNEL CLASSIFICATION BOARD PRIOR TO APPOINTMENT THERETO BY THE ADMINISTRATIVE OFFICE. CREDIT WILL NOT BE ALLOWED FOR ANY PAYMENTS MADE AS COMPENSATION FOR SERVICE BETWEEN THE DATE OF APPOINTMENT AND THE DATE OF FINAL ALLOCATION IN THE CASE OF APPOINTMENTS HEREAFTER MADE TO POSITIONS WHICH HAVE NOT FIRST BEEN ALLOCATED BY THE PERSONNEL CLASSIFICATION BOARD.

COMPTROLLER GENERAL MCCARL TO THE DIRECTOR, UNITED STATES VETERANS' BUREAU, APRIL 1, 1925:

I HAVE YOUR LETTER OF MARCH 21, 1925, AS FOLLOWS:

ON SEPTEMBER 18, 1924, THOMAS E. BROWN WAS APPOINTED UNDER SECTION 3 OF CIVIL SERVICE RULE 2 TO THE POSITION OF ATTORNEY IN THE OFFICE OF THE GENERAL COUNSEL OF THIS BUREAU, AT $3,800 PER ANNUM, UNDER WHICH TEMPORARY APPOINTMENT HE HAS SINCE SERVED CONTINUOUSLY. THE LETTER OF APPOINTMENT, A COPY OF WHICH IS ENCLOSED, BEARS THE NOTATION "THE GRADE AND SALARY UNDER THIS APPOINTMENT ARE SUBJECT TO THE APPROVAL OF THE PERSONNEL CLASSIFICATION BOARD.'

BASED UPON THE ALLOCATION BY THE PERSONNEL CLASSIFICATION BOARD OF A POSITION HAVING SIMILAR DUTIES, THIS BUREAU ALLOCATED THE PARTICULAR POSITION TO GRADE 4, PROFESSIONAL AND SCIENTIFIC SERVICE, AND THE TEMPORARY APPOINTMENT WAS MADE AT $3,800, THE MINIMUM RATE OF THIS GRADE. THE SALARY OF THIS POSITION WAS ADVANCED TO $4,000 PER ANNUM, EFFECTIVE OCTOBER 1, 1924.

UNDER DATE OF FEBRUARY 3, 1925, THE PERSONNEL CLASSIFICATION BOARD ALLOCATED THE POSITION CREATED FOR MR. BROWN TO GRADE 3, PROFESSIONAL AND SCIENTIFIC, THE MAXIMUM COMPENSATION OF WHICH GRADE IS $3,600.

SUBSEQUENTLY, AND ON MARCH 12, 1925, THIS BUREAU WAS ADVISED BY THE SECRETARY OF THE PERSONNEL CLASSIFICATION BOARD OF THE CHANGE IN ALLOCATION OF THIS POSITION FROM GRADE 3 TO GRADE 4, THE LATTER GRADE HAVING A MAXIMUM COMPENSATION OF $5,000.

QUESTION NOW ARISES WHETHER THIS ATTORNEY, WHO HAS RECEIVED PAYMENT OF COMPENSATION AT THE RATE OF $3,800 FROM SEPTEMBER 15, 1924, THE DATE OF OATH, AND $4,000 FROM OCTOBER 1, 1924, TO FEBRUARY 15, 1925, IS ENTITLED TO THE SALARY PAYMENTS ALREADY MADE, AND IF SO, WHETHER PAYMENTS OF SALARY SHOULD CONTINUE TO BE MADE FOR THE SUBSEQUENT PERIOD ENDED MARCH 15, 1925, AT THE RATE OF $4,000, IN VIEW OF THE FINAL APPROVAL OF THE PERSONNEL CLASSIFICATION BOARD OF THE ALLOCATION OF THIS POSITION TO GRADE 4, PROFESSIONAL AND SCIENTIFIC SERVICE.

PERSONS MAY BE APPOINTED TO "EXCEPTED" POSITIONS LISTED IN SCHEDULE A UNDER SECTION 3 OF CIVIL SERVICE RULE 2 WITHOUT EXAMINATION, OR UPON NONCOMPETITIVE EXAMINATION. SCHEDULE A INCLUDES, UNDER THE HEADING "THE ENTIRE CLASSIFIED SERVICE," THE ITEM "ATTORNEYS, ASSISTANT ATTORNEYS, AND SPECIAL ASSISTANT ATTORNEYS.' SUCH APPOINTMENTS MAY BE PERMANENT OR TEMPORARY. THE SALARIES OF EXCEPTED POSITIONS IN THE DISTRICT OF COLUMBIA, WHETHER PERMANENT OR TEMPORARY, ARE REQUIRED TO BE FIXED IN ACCORDANCE WITH THE TERMS OF THE CLASSIFICATION ACT OF 1923.

THE PROPER PROCEDURE IN THIS CASE SHOULD HAVE BEEN THAT THE ALLOCATION OF THE POSITION TO WHICH MR. BROWN WAS APPOINTED SHOULD HAVE BEEN FINALLY SETTLED AND DETERMINED BETWEEN THE VETERANS' BUREAU AND THE PERSONNEL CLASSIFICATION BOARD BEFORE THE APPOINTMENT WAS MADE. 4 COMP. GEN. 239, 242, AND DECISION OF MARCH 9, 1925, 4 COMP. GEN. 743. CREDIT WILL NOT BE ALLOWED FOR ANY PAYMENTS MADE AS COMPENSATION FOR SERVICE BETWEEN DATE OF APPOINTMENT AND DATE OF FINAL ALLOCATION IN THE CASE OF APPOINTMENTS HEREAFTER MADE TO POSITIONS WHICH HAVE NOT FIRST BEEN ALLOCATED BY THE PERSONNEL CLASSIFICATION BOARD.

AS IN THE CASE LAST CITED, THE CHANGES IN THE ALLOCATION OF THE POSITION IN THE PRESENT CASE WILL NOT BE CONSIDERED AS INCREASING OR DECREASING THE SALARY RATE OF THE EMPLOYEE, EFFECTIVE ON THE BEGINNING OF THE PAY PERIOD CURRENT WHEN THE ALLOCATION OR REALLOCATION WAS RECEIVED. 4 COMP. GEN. 480. BUT THE FINAL ACTION OF THE BOARD WILL BE CONSIDERED AS DETERMINING WHAT WAS THE CORRECT GRADE IN WHICH THE TEMPORARY POSITION HELD BY THE EMPLOYEE SHOULD HAVE BEEN ALLOCATED.

THE COMPENSATION OF THE POSITION OCCUPIED BY MR. BROWN MAY BE COMPUTED FOR THE ENTIRE PERIOD OF SERVICE FROM THE DATE OF APPOINTMENT AS IN GRADE 4, PROFESSIONAL, AT THE RATES THEREIN FIXED BY THE ADMINISTRATIVE OFFICERS.

IT IS NOTED THAT YOU GIVE SEPTEMBER 18, 1924, AS THE DATE OF APPOINTMENT AND SEPTEMBER 15, 1924, AS THE DATE OF OATH. COPY OF APPOINTMENT SUBMITTED IS DATED SEPTEMBER 18, 1924. NO COMPENSATION IS PAYABLE FOR ANY PERIOD OF TIME PRIOR TO THE EFFECTIVE DATE OF THE APPOINTMENT WHEN THE DUTIES OF THE POSITION WERE ASSUMED. 3 COMP. GEN. 559.