A-92947, MARCH 8, 1938, 17 COMP. GEN. 715

A-92947: Mar 8, 1938

Additional Materials:

Contact:

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

 

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

CLASSIFICATION - ALLOCATION DOWNWARD OF POSITION TRANSFERRED FROM FIELD TO DEPARTMENTAL SERVICE - APPLICABILITY OF BROOKHART ACT SAVING CLAUSE WHERE POSITIONS AND THEIR INCUMBENTS ARE TRANSFERRED FROM THE FIELD TO THE DEPARTMENTAL SERVICE AND ARE ALLOCATED BY THE CIVIL SERVICE COMMISSION IN A GRADE LOWER THAN THAT IN WHICH THEY HAD BEEN ADMINISTRATIVELY ALLOCATED BEFORE THE TRANSFER. AS FOLLOWS: REFERENCE IS MADE TO NOTICE OF EXCEPTION DATED DECEMBER 23. THE FOLLOWING IS SUBMITTED. READS "AN EMPLOYEE WHOSE POSITION IS REALLOCATED TO A LOWER GRADE IS REQUIRED TO BE PAID AT A SALARY RATE WITHIN THE DE.'. THE EMPLOYEES ARE NOT ENTITLED TO THE BENEFITS OF THE SAVINGS PROVISION OF SECTION 4 OF THE ORIGINAL CLASSIFICATION ACT AND IN THE ABSENCE OF ADMINISTRATIVE APPROVAL OF HIGHER SALARY RATES IN THE GRADE THE EMPLOYEES ARE ONLY ENTITLED TO RECEIVE $5.

A-92947, MARCH 8, 1938, 17 COMP. GEN. 715

CLASSIFICATION - ALLOCATION DOWNWARD OF POSITION TRANSFERRED FROM FIELD TO DEPARTMENTAL SERVICE - APPLICABILITY OF BROOKHART ACT SAVING CLAUSE WHERE POSITIONS AND THEIR INCUMBENTS ARE TRANSFERRED FROM THE FIELD TO THE DEPARTMENTAL SERVICE AND ARE ALLOCATED BY THE CIVIL SERVICE COMMISSION IN A GRADE LOWER THAN THAT IN WHICH THEY HAD BEEN ADMINISTRATIVELY ALLOCATED BEFORE THE TRANSFER, THE INCUMBENTS MAY NOT BE PAID A RATE IN EXCESS OF THE MAXIMUM FOR THE LOWER GRADE, THE SAVING PROVISO IN SECTION 4 OF THE CLASSIFICATION ACT OF 1923, AS AMENDED BY THE BROOKHART SALARY ACT OF JULY 3, 1930, BEING APPLICABLE ONLY TO REALLOCATION BY THE CIVIL SERVICE COMMISSION ON ITS OWN MOTION OF ALLOCATIONS THERETOFORE APPROVED BY IT.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE ATTORNEY GENERAL, MARCH 8, 1938:

THERE HAS BEEN RECEIVED FROM THE ADMINISTRATIVE ASSISTANT TO THE ATTORNEY GENERAL A LETTER DATED JANUARY 24, 1938, AS FOLLOWS:

REFERENCE IS MADE TO NOTICE OF EXCEPTION DATED DECEMBER 23, 1937, ON VOUCHER NO. 390286 OF THE SEPTEMBER 1937 ACCOUNTS OF G. F. ALLEN, DISBURSING OFFICER, SYMBOL NO. 103-100.

WITH REFERENCE TO EXCEPTIONS IN THE CASE OF JAMES S. EGAN AND W. H. D. LESTER, THE FOLLOWING IS SUBMITTED. THE ORIGINAL NOTICE OF EXCEPTION DATED NOVEMBER 15, 1937, READS "AN EMPLOYEE WHOSE POSITION IS REALLOCATED TO A LOWER GRADE IS REQUIRED TO BE PAID AT A SALARY RATE WITHIN THE DE.' THE SECOND NOTICE OF EXCEPTION DATED DECEMBER 23, 1937, READS:

"AS THE ALLOCATION OF THE POSITIONS TO C.A.F.-13 REPRESENTS THE ORIGINAL ALLOCATION OF THE POSITIONS BY THE CIVIL SERVICE COMMISSION, THE EMPLOYEES ARE NOT ENTITLED TO THE BENEFITS OF THE SAVINGS PROVISION OF SECTION 4 OF THE ORIGINAL CLASSIFICATION ACT AND IN THE ABSENCE OF ADMINISTRATIVE APPROVAL OF HIGHER SALARY RATES IN THE GRADE THE EMPLOYEES ARE ONLY ENTITLED TO RECEIVE $5,600 PER ANNUM, THE FIRST STEP IN THE SALARY RANGE PROVIDED FOR GRADE C.A.F.-13.'

IN ORDER THAT THIS LETTER MAY SHOW THE COMPLETE RECORD IN THE CASE, THE REPLY TO EXCEPTION DATED NOVEMBER 23, 1937, IS REPEATED BELOW:

"AN EXAMINATION OF THE PAY ROLL IN QUESTION SHOWS THAT MESSRS. EGAN AND LESTER WERE TRANSFERRED FROM THE FIELD ROLL TO THE DEPARTMENTAL ROLL EFFECTIVE AUGUST 16, 1937, TO THE SAME POSITION, GRADE, AND SALARY. THE APPROVAL OF THE ATTORNEY GENERAL WAS DATED AUGUST 7, 1937. EFFECTIVE AUGUST 23, 1937, THE POSITION OF INSPECTOR IN EACH CASE WAS REALLOCATED BY THE CIVIL SERVICE COMMISSION TO GRADE C.A.F. 13 INSTEAD OF GRADE C.A.F.- 14. INASMUCH AS BOTH INSPECTORS HAD FORMERLY RECEIVED $7,000 PER ANNUM IN GRADE C.A.F.-14, THEY WERE PAID ON THIS PAY ROLL AT THE RATE OF $7,000 IN GRADE C.A.F.-13. IT IS THE PAYMENT AT $7,000 IN GRADE C.A.F.-13 TO WHICH THE AUDIT DIVISION OF THE GENERAL ACCOUNTING OFFICE TAKES EXCEPTION.

"THE BROOKHART ACT (ACT OF JULY 3, 1930, SEC. 4; 46 STAT. 1005; U.S. CODE, TITLE 5, SEC. 673 (B) (, WHILE AUTHORIZING THE PERSONNEL CLASSIFICATION BOARD--- THE FUNCTIONS OF WHICH HAVE SINCE BEEN TAKEN OVER BY THE CIVIL SERVICE COMMISSION--- TO CHANGE THE ALLOCATION OF POSITIONS WHENEVER, IN ITS OPINION, THE FACTS WARRANT, CONTAINS A PROVISO AS FOLLOWS:

" "THAT IN ALL CASES WHERE THE BOARD SHALL CHANGE THE ALLOCATION OF A POSITION TO A LOWER GRADE, THE RATE OF PAY FIXED FOR SUCH POSITION PRIOR TO SUCH CHANGE MAY BE CONTINUED FOR SO LONG AS THE POSITION IS HELD BY THE INCUMBENT THEN OCCUPYING IT.'

"IN DECISION OF MARCH 17, 1932 (11 COMP. GEN. 352) IT WAS STATED THAT THE SAVING CLAUSE, SUPRA, IS PERSONAL TO AN EMPLOYEE AND REMAINS APPLICABLE ONLY SO LONG AS THE EMPLOYEE REMAINS IN THE SAME POSITION HAVING THE SAME DUTIES AND RESPONSIBILITIES.

"IN DECISION OF NOVEMBER 9, 1929 (9 COMP. GEN. 194-5), IT WAS STATED THAT SINCE THE REALLOCATION OF A POSITION IS NOT GENERALLY THE RESULT OF ANY INEFFICIENCY OR FAULT ON THE PART OF THE PARTICULAR EMPLOYEE, BUT IS ON THE ASSUMPTION THAT AN ERROR WAS MADE ORIGINALLY IN THE ALLOCATION OF THE POSITION, THERE WOULD NOT NECESSARILY BE FOR APPLICATION TO REALLOCATIONS DOWNWARD THE GENERAL RULE APPLICABLE TO REDUCTIONS IN SALARY, AND FURTHERMORE, THE ATTITUDE OR LEGISLATIVE POLICY OF THE CONGRESS APPEARS TO HAVE BEEN TO SAVE EMPLOYEES FROM UNNECESSARY LOSS OF SALARY UPON CHANGE IN SALARY STATUS BEYOND THE CONTROL AND WITHOUT FAULT OF THE EMPLOYEES.

"ATTENTION IS ALSO INVITED TO DECISION OF AUGUST 19, 1929 (9 COMP. GEN. 80), INVOLVING THE QUESTION OF TRANSFERS FROM FIELD TO DEPARTMENTAL SERVICE, WHICH IS APPLICABLE BY INFERENCE TO THE PRESENT CASE INASMUCH AS THE POSITIONS OF THE INSPECTOR WERE CHANGED RATHER THAN TRANSFERRED FROM FIELD POSITION TO A DEPARTMENTAL POSITION, IT HAVING BEEN DETERMINED JOINTLY BY THE CIVIL SERVICE COMMISSION AND THE DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION THAT INSPECTORS SHOULD BE ACCREDITED TO THE SEAT OF GOVERNMENT AND SHOULD BE CARRIED ON THE DEPARTMENTAL PAY ROLL. (SEE VOUCHER NO. 323953, PAID AUGUST 1937, ACCOUNTS OF G. F. ALLEN, SYMBOL NO. 103-100.)

"IN VIEW OF THE ABOVE IT APPEARS THAT PAYMENT OF SALARY IN AN AMOUNT IN EXCESS OF THE MAXIMUM OF GRADE C.A.F.-13 IS PROPER AND THE SUSPENSION SHOULD BE REMOVED.'

AN EXAMINATION OF SEVERAL DECISIONS OF THE COMPTROLLER GENERAL FAILS TO DISCLOSE ONE APPLICABLE TO THE PRESENT CASE. ATTENTION IS INVITED TO THE FACT THAT THE DECISION IN 9 COMP. GEN. 80 AS MODIFIED BY 15 ID. 103 INVOLVES TRANSFER OF AN EMPLOYEE FROM A POSITION IN THE FIELD SERVICE TO ANOTHER AND DIFFERENT POSITION IN THE DEPARTMENTAL SERVICE AND IS THEREFORE NOT APPLICABLE. IT IS ALSO OUR VIEW THAT THE DECISIONS IN 15 COMP. GEN. 102 AND 15 ID. 797 ARE NOT APPLICABLE INASMUCH AS THEY INVOLVE TRANSFERS FROM EMERGENCY TO REGULAR POSITIONS.

THE DECISION IN 11 COMP. GEN. 352 IS LIKEWISE NOT APPLICABLE, INASMUCH AS IT INVOLVES TRANSFER WHOLLY WITHIN THE FIELD SERVICE. IN THIS DECISION IT WAS STATED THAT THE PERSONNEL CLASSIFICATION BOARD, HAS NO JURISDICTION OVER THE FIELD SERVICE; THAT THE ACTION TAKEN IN THIS CASE BY THE ADMINISTRATIVE OFFICE SHOWS NOT THE REALLOCATION OF THE SAME POSITION TO A LOWER GRADE, BUT THE CREATION OF A DIFFERENT POSITION WITH DIFFERENT DUTIES AND RESPONSIBILITIES. IT WAS ALSO HELD IN THAT DECISION THAT THE BASIS FOR THE SAVING CLAUSE (SECTION 4 OF THE CLASSIFICATION ACT OF 1923 AS AMENDED BY THE BROOKHART ACT) WAS THE JOINT JURISDICTION OF THE ADMINISTRATIVE OFFICE AND THE PERSONNEL CLASSIFICATION BOARD.

SECTION 2 OF THE BROOKHART ACT PROVIDES THAT THE HEADS OF THE DEPARTMENTS ARE AUTHORIZED AND DIRECTED TO ADJUST THE COMPENSATION OF CERTAIN CIVILIAN POSITIONS IN THE FIELD SERVICE TO CORRESPOND SO FAR AS MAY BE PRACTICABLE TO THE RATES ESTABLISHED BY THE ORIGINAL ACT.

IN SEVERAL DECISIONS OF THE COMPTROLLER GENERAL THE TERM "SO FAR AS MAY BE PRACTICABLE" WAS DEFINED AS BEING MANDATORY. THUS, THE CONGRESS HAS GIVEN TO THE HEADS OF THE SEVERAL DEPARTMENTS AND ESTABLISHMENTS SOMEWHAT SIMILAR AUTHORITY TO THAT GIVEN TO THE PERSONNEL CLASSIFICATION BOARD, THE DUTIES OF WHICH HAVE BEEN TAKEN OVER BY THE CIVIL SERVICE COMMISSION. THE RESULT IS THAT THE HEADS OF THE DEPARTMENTS ARE DIRECTED BY STATUTORY AUTHORITY TO ALLOCATE POSITIONS IN THE FIELD TO GRADES COMPARABLE WITH THOSE IN THE DEPARTMENTAL SERVICE. IN A DECISION, 14 COMP. GEN. 184, IT WAS HELD "THERE IS NO AUTHORITY OR JURISDICTION FOR ANY DIFFERENCE IN THE RULE IN THIS RESPECT BETWEEN THE DEPARTMENTAL SERVICE AND THE FIELD SERVICE.' IN THIS DECISION IT WAS HELD THAT THE INITIAL SALARY RATES OF NEW APPOINTEES IN THE FIELD SERVICE MUST BE AT THE MINIMUM SALARY RATE OF THE APPROPRIATE GRADE TO WHICH ALLOCATED BY THE HEAD OF THE DEPARTMENT.

IN A DECISION (14 COMP. GEN. 763) IT WAS HELD MANDATORY TO SHOW CLASSIFICATION GRADES ON FIELD PAY-ROLLS. IT SEEMS TO FOLLOW FROM THESE DECISIONS THAT YOUR OFFICE HAS TREATED ADJUSTMENTS OF SALARIES IN THE FIELD SERVICE AS ALLOCATIONS UNDER THE CLASSIFICATION ACT.

PURSUANT TO SUCH AUTHORITY THE ATTORNEY GENERAL ALLOCATED THE POSITIONS HEREIN INVOLVED TO GRADE CAF-14. THESE POSITIONS WERE, BY AGREEMENT WITH THE CIVIL SERVICE COMMISSION, TRANSFERRED FROM THE FIELD ROLL TO THE SEAT OF GOVERNMENT ROLL. IT MAY BE POINTED OUT THAT NO CHANGES WERE MADE EITHER IN THE PERSONNEL OR IN THE DUTIES OF THOSE POSITIONS. THE PERSONNEL REMAINED THE SAME AND THE DUTIES THE SAME. THE ONLY DIFFERENCE INVOLVED WAS THE FISCAL TRANSFER FROM THE FIELD ALLOTMENT TO THE DEPARTMENTAL ALLOTMENT. SIMULTANEOUSLY THE CIVIL SERVICE COMMISSION REALLOCATED BOTH POSITIONS TO GRADE CAF-13 INSTEAD OF GRADE CAF-14.

INASMUCH AS THE TRANSFER OF THE TWO POSITIONS IN QUESTION FROM THE FIELD TO THE DEPARTMENTAL SERVICE WAS NOT A CHANGE OF DUTIES OR OF PERSONNEL, BUT MERELY A FISCAL ADJUSTMENT, IT IS THE VIEW OF THIS DEPARTMENT THAT BOTH EMPLOYEES ARE ENTITLED TO THE BENEFIT OF THE SAVINGS PROVISION OF SECTION 4, SUPRA.

ATTENTION IS DIRECTED TO THE FACT THAT THE PROVISO CONTAINED IN SECTION 4 OF THE BROOKHART ACT, QUOTED ABOVE, REFERS TO ANY CHANGE OF ALLOCATION MADE BY THE PERSONNEL CLASSIFICATION BOARD, IRRESPECTIVE OF WHETHER THE FIRST ALLOCATION WAS MADE BY THE PERSONNEL CLASSIFICATION BOARD OR BY OTHER LAWFUL AUTHORITY. IT WOULD SEEM, THEREFORE, THAT THE CHANGE OF ALLOCATION INVOLVED IN THIS CASE IS WITHIN THE SAVING CLAUSE OF THE BROOKHART ACT.

IN THE EVENT THAT THE INFORMATION CONTAINED HEREIN IS NOT DEEMED BY THE ACCOUNTING AND BOOKKEEPING DIVISION, GENERAL ACCOUNTING OFFICE, SUFFICIENT TO REMOVE THE EXCEPTIONS, IT IS REQUESTED THAT THE MATTER BE SUBMITTED TO THE COMPTROLLER GENERAL FOR CONSIDERATION.

THERE IS INVOLVED IN THESE CASES THE QUESTION WHETHER THE PROVISO IN SECTION 4 OF THE CLASSIFICATION ACT OF 1923, AS AMENDED BY THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1005, SAVING EMPLOYEES FROM LOSS OF SALARY UPON REALLOCATION OF THEIR POSITIONS DOWNWARD IN A LOWER GRADE IS APPLICABLE TO INITIAL ALLOCATIONS OF DEPARTMENTAL POSITIONS BY THE CIVIL SERVICE COMMISSION AFTER THE POSITIONS AND THEIR INCUMBENTS HAVE BEEN TRANSFERRED FROM THE FIELD TO THE DEPARTMENTAL ROLLS.

SECTIONS 4 AND 5 OF THE ORIGINAL CLASSIFICATION ACT OF 1923, APPROVED MARCH 4, 1923, 42 STAT. 1489, PROVIDE, IN PART, AS FOLLOWS:

SEC. 4. THAT AFTER CONSULTATION WITH THE BOARD, AND IN ACCORDANCE WITH A UNIFORM PROCEDURE PRESCRIBED BY IT, THE HEAD OF EACH DEPARTMENT SHALL ALLOCATE ALL POSITIONS IN HIS DEPARTMENT IN THE DISTRICT OF COLUMBIA TO THEIR APPROPRIATE GRADES IN THE COMPENSATION SCHEDULES AND SHALL FIX THE RATE OF COMPENSATION OF EACH EMPLOYEE THEREUNDER, IN ACCORDANCE WITH THE RULES PRESCRIBED IN SECTION 6 HEREIN. SUCH ALLOCATIONS SHALL BE REVIEWED AND MAY BE REVISED BY THE BOARD AND SHALL BECOME FINAL UPON THEIR APPROVAL BY SAID BOARD. WHENEVER AN EXISTING POSITION OR A POSITION HEREAFTER CREATED BY LAW SHALL NOT FAIRLY AND REASONABLY BE ALLOCABLE TO ONE OF THE GRADES OF THE SEVERAL SERVICES DESCRIBED IN THE COMPENSATION SCHEDULES, THE BOARD SHALL ADOPT FOR SUCH POSITION THE RANGE OF COMPENSATION PRESCRIBED FOR A GRADE, OR A CLASS THEREOF, COMPARABLE THEREWITH AS TO QUALIFICATIONS AND DUTIES.

SEC. 5. THAT THE COMPENSATION SCHEDULES SHALL APPLY ONLY TO CIVILIAN EMPLOYEES IN THE DEPARTMENTS WITHIN THE DISTRICT OF COLUMBIA * * *.

THE BROOKHART SALARY ACT OF JULY 3, 1930, SUPRA, MADE CERTAIN CHANGES IN THE SALARY RATES FOR SOME OF THE GRADES AS THERETOFORE FIXED UNDER THE CLASSIFICATION ACT OF 1923, AS AMENDED, AND, IN SECTION 4, THEREOF, PROVIDED:

THE PERSONNEL CLASSIFICATION BOARD SHALL HAVE AUTHORITY TO ASCERTAIN CURRENTLY THE FACTS AS TO THE DUTIES AND RESPONSIBILITIES OF ANY SUCH POSITION AND TO REVIEW AND, SUBJECT TO THE PRESIDENT'S APPROVAL, TO CHANGE THE ALLOCATION THEREOF WHENEVER, IN ITS OPINION, THE FACTS WARRANT: PROVIDED, THAT SUCH REVIEW AND CHANGE SHALL BE MADE ONLY AFTER CONSULTATION WITH THE HEADS OF THE DEPARTMENTS CONCERNED AND AFTER AFFORDING ALL INCUMBENTS OF POSITIONS AFFECTED AN OPPORTUNITY TO BE HEARD, OF WHICH HEARING A PERMANENT WRITTEN RECORD SHALL BE MADE AND KEPT, INCLUDING ALL TESTIMONY TAKEN: PROVIDED FURTHER, THAT IN ALL CASES WHERE THE BOARD SHALL CHANGE THE ALLOCATION OF A POSITION TO A LOWER GRADE THE RATE OF PAY FIXED FOR SUCH POSITION PRIOR TO SUCH CHANGE MAY BE CONTINUED SO LONG AS THE POSITION IS HELD BY THE INCUMBENT THEN OCCUPYING IT.

SECTION 2 OF THE BROOKHART SALARY ACT IS AS FOLLOWS:

THE HEADS OF THE SEVERAL EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS ARE AUTHORIZED AND DIRECTED TO ADJUST THE COMPENSATION OF CERTAIN CIVILIAN POSITIONS IN THE FIELD SERVICES, THE COMPENSATION OF WHICH WAS ADJUSTED BY THE ACT OF DECEMBER 6, 1924 (43 STAT. 604), TO CORRESPOND, SO FAR AS MAY BE PRACTICABLE, TO THE RATES ESTABLISHED BY THE ACT OF MAY 28, 1928 (U.S.C., SUPP. 3, TITLE 5, SEC. 673), AND BY THIS ACT FOR POSITIONS IN THE DEPARTMENTAL SERVICES IN THE DISTRICT OF COLUMBIA: PROVIDED, THAT THE TERMS OF THIS ACT SHALL APPLY TO EMPLOYEES CARRIED UNDER GROUP 4-B, INCLUDING DRAFTING GROUPS, IN THE SCHEDULE OF WAGES FOR CIVIL EMPLOYEES UNDER THE NAVAL ESTABLISHMENT, NOTWITHSTANDING THE FACT THAT THE COMPENSATION OF SUCH EMPLOYEES WAS NOT ADJUSTED BY THE ACT OF DECEMBER 6, 1924 (43 STAT. 604), OR THE ACT OF MAY 28, 1928 (U.S.C., SUPP. 3, TITLE 5, SEC. 673).

IT WILL BE NOTED THAT THIS PROVISION, RELATING ONLY TO THE FIELD SERVICE, IS THE ONLY PROVISION IN SAID ACT RELATING TO THE FIELD SERVICE AND THAT THE ONLY PROVISIONS IN THE PRECEDING ACT RELATING TO THE FIELD SERVICE ARE SECTION 5 OF THE ACT OF MARCH 4, 1923, 42 STAT. 1490, PROVIDING FOR A SURVEY, ETC., WITH A VIEW TO A SUBSEQUENT FIXING BY THE CONGRESS OF SALARY SCHEDULES THEREFOR; SECTION 2 OF THE ACT OF MAY 28, 1928, PROVIDING FOR A FURTHER SURVEY, ETC., AND SECTION 3 OF THE SAME AUTHORIZING THE HEADS OF DEPARTMENTS AND ESTABLISHMENTS TO MAKE ADJUSTMENTS IN THE COMPENSATION OF CERTAIN CLASSES OF EMPLOYEES IN THE FIELD SERVICE. THE CONGRESS HAS NEVER PROVIDED FOR A CLASSIFICATION OF POSITIONS IN THE FIELD SERVICE PURSUANT TO THE SURVEYS AUTHORIZED BY THE ACTS OF 1923 AND 1928. NEITHER HAS IT EXTENDED THE PROVISIONS OF THE CLASSIFICATION ACT, AS AMENDED, TO THE FIELD SERVICE OTHER THAN TO PROVIDE THAT THE COMPENSATION ADJUSTMENTS AUTHORIZED UNDER SECTION 3 OF THE 1928 ACT AND THE COMPENSATION ADJUSTMENTS AUTHORIZED AND DIRECTED UNDER SECTION 2 OF THE 1930 ACT SHALL BE SUCH THAT THE RATES ADMINISTRATIVELY FIXED THEREUNDER SHALL "CORRESPOND, SO FAR AS MAY BE PRACTICABLE, TO THE RATES ESTABLISHED BY" THE ACTS OF 1928 AND 1930 "FOR POSITIONS IN THE DEPARTMENTAL SERVICES IN THE DISTRICT OF COLUMBIA.'

PRIOR TO THE ENACTMENT OF SECTION 4 OF THE ACT OF JULY 3, 1930, THERE WAS NO AUTHORITY IN THE PERSONNEL CLASSIFICATION BOARD TO REVIEW OR REVISE ALLOCATIONS PREVIOUSLY APPROVED BY IT EXCEPT UPON APPLICATION THEREFOR EITHER BY THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT CONCERNED OR BY THE EMPLOYEE. SEE 8 COMP. GEN. 301 AND AUTHORITIES THEREIN CITED. SEE ALSO 8 COMP. GEN. 551. THE SOLE PURPOSE OF SAID SECTION WAS TO GIVE TO THE BOARD (NOW THE CIVIL SERVICE COMMISSION) THIS ADDITIONAL AUTHORITY SUBJECT TO THE RESTRICTIONS THEREIN PRESCRIBED. HENCE, THE SAVING PROVISO RELATES ONLY TO REALLOCATION BY THE CIVIL SERVICE COMMISSION ON ITS OWN MOTION OF ALLOCATIONS THERETOFORE APPROVED BY IT. NONE OF THE DECISIONS OF THIS OFFICE CITED IN THE ABOVE-QUOTED LETTER HAS ANY DIRECT BEARING ON THIS QUESTION EXCEPT 11 COMP. GEN. 352, INVOLVING ADMINISTRATIVE ACTION IN REALLOCATING A FIELD POSITION. IN THAT DECISION IT WAS STATED:

SECTION 4 OF THE ORIGINAL CLASSIFICATION ACT, AND AS AMENDED, PRESCRIBES A PROCEDURE INCIDENT TO THE ALLOCATION AND REALLOCATION OF POSITIONS FOR THE GUIDANCE OF THE PERSONNEL CLASSIFICATION BOARD, WHICH HAS JURISDICTION ONLY IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA. HENCE, THE SAVING CLAUSE IN THE PROVISO TO THE SECTION CAN HAVE NO APPLICATION TO EMPLOYEES IN POSITIONS THE ALLOCATION OF WHICH IS NOT SUBJECT TO APPROVAL BY THE PERSONNEL CLASSIFICATION BOARD. THE BASIS FOR THE SAVING CLAUSE WAS THE JOINT JURISDICTION OF THE ADMINISTRATIVE OFFICE AND THE PERSONNEL CLASSIFICATION BOARD IN THE ALLOCATION AND REALLOCATION OF POSITIONS IN THE DEPARTMENTAL SERVICE AND TO PREVENT REDUCTION IN THE SALARY RATES OF EMPLOYEES REMAINING IN THE SAME POSITION BY THE FINAL ACTION OF AN AGENCY OUTSIDE THE ADMINISTRATIVE OFFICE IN WHICH THE EMPLOYEE IS SERVING. AS TO THE FIELD SERVICE, WHERE THE ALLOCATION AND REALLOCATION OF POSITIONS, PURSUANT TO THE PRINCIPLES OF CLASSIFICATION, ARE EXCLUSIVELY AN ADMINISTRATIVE MATTER, THERE IS NOT PRESENT THE CONDITIONS WHICH PROMPTED THE ENACTMENT OF THE SAVING CLAUSE IN QUESTION.

ALSO, IN DECISION OF DECEMBER 2, 1937, 17 COMP. GEN. 460, 461, INVOLVING AN INITIAL ALLOCATION BY THE CIVIL SERVICE COMMISSION OF A POSITION NOT PREVIOUSLY REQUIRED TO BE CLASSIFIED, IT WAS STATED:

SECTION 4 OF THE ORIGINAL CLASSIFICATION ACT PROVIDES THE GENERAL PROCEDURE FOR THE ALLOCATION AND REALLOCATION OF POSITIONS IN THE DISTRICT OF COLUMBIA SUBJECT TO THE ACT. SECTION 4 OF THE BROOKHART SALARY ACT WAS ENACTED TO PROVIDE A PROCEDURE WHEREBY THE PERSONNEL CLASSIFICATION BOARD, NOW THE CIVIL SERVICE COMMISSION, MIGHT REVIEW AND REVISE ON ITS OWN MOTION ALLOCATIONS THERETOFORE MADE PURSUANT TO THE CLASSIFICATION ACT, AS AMENDED. HENCE, THE SAVING CLAUSE IN THE LATTER PROVISION RELATES ONLY TO THE REVIEW OF ALLOCATIONS OF POSITIONS WHICH HAD ORIGINALLY BEEN CLASSIFIED PURSUANT TO THE ACT, NOT TO ORIGINAL ALLOCATIONS OF POSITIONS, THE SALARIES OF WHICH PREVIOUSLY HAD NOT BEEN REQUIRED TO BE FIXED, AND WHICH HAD NOT BEEN FIXED, PURSUANT TO THE ACT. SECTION 4 OF THE ORIGINAL CLASSIFICATION ACT IS FOR APPLICATION IN THE ORIGINAL ACTION OF AN ADMINISTRATIVE OFFICE AND THE CIVIL SERVICE COMMISSION IN CLASSIFYING A POSITION.

IN ORDER THAT AN EMPLOYEE MAY BE ENTITLED TO CONTINUE TO RECEIVE A SALARY RATE IN EXCESS OF THE MAXIMUM RATE OF THE GRADE IN WHICH HIS POSITION HAS BEEN FINALLY ALLOCATED BY THE CIVIL SERVICE COMMISSION, PURSUANT TO THE PROVISO TO SAID SECTION 4 OF THE BROOKHART SALARY ACT, THE HIGHER SALARY PREVIOUSLY PAID MUST HAVE BEEN FIXED PURSUANT TO AN ALLOCATION OF THE SAME POSITION AS FINALLY APPROVED BY THE CIVIL SERVICE COMMISSION.

IN THE INSTANT CASES THE ACTION OF THE CIVIL SERVICE COMMISSION ON AUGUST 23, 1937, IN APPROVING THE ALLOCATION OF THE POSITIONS IN GRADE CAF-13 WITH SALARY RANGE FROM $5,600 TO $6,400 PER ANNUM WAS THE INITIAL ACTION OF THE COMMISSION AND THERE IS APPLICABLE NOT THE PROVISIONS OF SECTION 4 OF THE BROOKHART SALARY ACT, INCLUDING THE SAVING CLAUSE IN QUESTION, BUT THE PROVISIONS OF SECTION 4 OF THE ORIGINAL CLASSIFICATION ACT APPLICABLE TO ALL INITIAL ALLOCATIONS OF DEPARTMENTAL POSITIONS. IT MUST BE CONCLUDED, THEREFORE, THAT THE PAYMENT OF THE SALARY RATE OF $7,000 PER ANNUM, THE RATE RECEIVED BY THESE EMPLOYEES WHEN THE POSITIONS WERE ON THE FIELD ROLL, IS NOT NOW AUTHORIZED.

HOWEVER, THE AUDIT ACTION WAS ERRONEOUS TO THE EXTENT THAT IT WAS BASED UPON THE ASSUMPTION THAT PAYMENT OF SALARIES TO THE TWO EMPLOYEES COULD NOT EXCEED $5,600 PER ANNUM, THE MINIMUM RATE OF GRADE CAF-13. IT HAS BEEN HELD IN SUCH CASES TO BE WITHIN THE DISCRETION OF THE ADMINISTRATIVE OFFICE TO FIX ANY SALARY RATE IN THE LOWER GRADE. 15 COMP. GEN. 102; ID. 797; 17 ID. 461, 462. HENCE, PAYMENT AT THE RATE OF $6,400 PER ANNUM IN EACH OF THESE CASES IS AUTHORIZED.

FURTHERMORE, SINCE NO DECISION HERETOFORE RENDERED BY THIS OFFICE COVERED SPECIFICALLY THE QUESTION HERE PRESENTED AND IN VIEW OF ALL THE FACTS AND CIRCUMSTANCES APPEARING, INCLUDING THE FACT THAT THE TRANSFER OF THESE EMPLOYEES FROM A FIELD SERVICE STATUS TO A DEPARTMENTAL STATUS COULD HAVE BEEN DELAYED UNTIL THE PRESENT TIME, THE REDUCED SALARY RATE OF $6,400 PER ANNUM UNDER THE TRANSFER MAY BE REGARDED AS EFFECTIVE AT THE BEGINNING OF THE PRESENT PAY PERIOD, THAT IS, MARCH 1, 1938.