A-9310, MAY 11, 1925, 4 COMP. GEN. 932

A-9310: May 11, 1925

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THAT IN GRADES IN WHICH ONLY ONE POSITION IS ALLOCATED THE SALARY OF SUCH POSITION SHALL NOT EXCEED THE AVERAGE OF THE COMPENSATION RATES FOR THE GRADE. OF ALL PERSONS HOLDING THE ONLY POSITION IN SUCH A GRADE WHO HAVE BEEN PROMOTED DURING THE FISCAL YEAR 1925 TO A RATE OF PAY ABOVE THE MATHEMATICAL AVERAGE. 1925: I HAVE YOUR LETTER OF APRIL 25. CONTAINS A PROVISION WHICH IS FOUND ALSO IN OTHER APPROPRIATION MEASURES FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1923. THAT IN GRADES IN WHICH ONLY ONE POSITION IS ALLOCATED. THERE ARE IN THIS DEPARTMENT SEVERAL OFFICERS RECEIVING COMPENSATION AT THE RATE OF $7. 500 PER ANNUM WHOSE POSITIONS ARE ALLOCATED TO GRADE 13.

A-9310, MAY 11, 1925, 4 COMP. GEN. 932

OFFICERS AND EMPLOYEES - CLASSIFICATION - ONE PERSON IN GRADE THE PROVISION IN THE APPROPRIATION ACTS FOR THE FISCAL YEAR 1926, THAT IN GRADES IN WHICH ONLY ONE POSITION IS ALLOCATED THE SALARY OF SUCH POSITION SHALL NOT EXCEED THE AVERAGE OF THE COMPENSATION RATES FOR THE GRADE, PROHIBITS PROMOTIONS IN SUCH CASES DURING THE FISCAL YEAR 1926 ABOVE THE AVERAGE OF THE GRADE AND REQUIRES THE REDUCTION ON JULY 1, 1925, TO THE SALARY RATE FIXED BY THE CLASSIFICATION ACT AT OR NEXT BELOW THE MATHEMATICAL AVERAGE OF THE SALARY RATES OF THE GRADE, OF ALL PERSONS HOLDING THE ONLY POSITION IN SUCH A GRADE WHO HAVE BEEN PROMOTED DURING THE FISCAL YEAR 1925 TO A RATE OF PAY ABOVE THE MATHEMATICAL AVERAGE, EXCEPT THAT IT DOES NOT REQUIRE THAT REDUCTION OF ANY PERSON BELOW THE SALARY TO WHICH ENTITLED ON JULY 1, 1924, BY REASON OF HIS ALLOCATION IN THAT GRADE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, MAY 11, 1925:

I HAVE YOUR LETTER OF APRIL 25, 1925, AS FOLLOWS:

THE APPROPRIATION ACT OF MARCH 3, 1925, PUBLIC NO. 580, PROVIDING FUNDS FOR THIS DEPARTMENT FOR THE NEXT FISCAL YEAR, CONTAINS A PROVISION WHICH IS FOUND ALSO IN OTHER APPROPRIATION MEASURES FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1923, NAMELY, THAT IN GRADES IN WHICH ONLY ONE POSITION IS ALLOCATED, THE SALARY OF SUCH POSITION SHALL NOT EXCEED THE AVERAGE OF THE COMPENSATION RATES FOR THE GRADE.

THERE ARE IN THIS DEPARTMENT SEVERAL OFFICERS RECEIVING COMPENSATION AT THE RATE OF $7,500 PER ANNUM WHOSE POSITIONS ARE ALLOCATED TO GRADE 13, C.A.F. SERVICE, AND SEVERAL WHOSE POSITIONS ARE ALLOCATED TO GRADE 6, P. AND S. SERVICE. IN EACH CASE THE OFFICER IS THE ONLY PERSON IN THE GRADE IN THE PARTICULAR APPROPRIATION UNIT CONCERNED. THESE OFFICERS WERE PROMOTED TO THEIR RESPECTIVE SALARIES SUBSEQUENTLY TO JULY 1, 1924, AND THEIR SALARIES MUST ON JULY 1, 1925, BE REDUCED TO OR BELOW THE AVERAGES OF THE COMPENSATION RATES OF THEIR RESPECTIVE GRADES.

THE AVERAGE OF THE COMPENSATION RATES OF THESE GRADES IS $6,750, WHICH IS NOT ONE OF THE COMPENSATION RATES OF EITHER GRADE AS SPECIFIED IN THE CLASSIFICATION ACT OF 1923. YOUR DECISION IS REQUESTED AS TO WHETHER THE SALARY, IN SUCH CASE MUST BE NOT MORE THAN $6,500 PER ANNUM, THE SALARY RATE SPECIFIED IN THE ACT NEXT BELOW THE MATHEMATICAL AVERAGE RATE FOR THE GRADE, OR WHETHER THE MATHEMATICAL AVERAGE, $6,750 PER ANNUM, MAY BE PAID.

THE "AVERAGE" PROVISION APPEARING IN THE APPROPRIATION ACTS FOR THE FISCAL YEAR 1926 CONTAINS THE FOLLOWING:

* * * AND IN GRADES IN WHICH ONLY ONE POSITION IS ALLOCATED THE SALARY OF SUCH POSITION SHALL NOT EXCEED THE AVERAGE OF THE COMPENSATION RATES FOR THE GRADE: PROVIDED, THAT THIS RESTRICTION SHALL NOT APPLY * * * (2) TO REQUIRE THE REDUCTION IN SALARY OF ANY PERSON WHOSE COMPENSATION WAS FIXED AS OF JULY 1, 1924, IN ACCORDANCE WITH THE RULES OF SECTION 6 OF SUCH ACT

THE RESTRICTION AS TO ONE POSITION IN A GRADE DID NOT APPEAR IN THE AVERAGE PROVISIONS FOR THE FISCAL YEAR 1925, AND THERE BEING NO NATURAL AVERAGE OF ONE ONLY, IT WAS OF NECESSITY DETERMINED BY THIS OFFICE THAT THE AVERAGE PROVISIONS AS TO THE PRESENT FISCAL YEAR COULD NOT BE APPLIED TO GRADES WHEREIN THERE WAS ALLOCATED ONLY ONE POSITION. 3 COMP. GEN. 1004.

THE EFFECT OF THE ENACTMENT IN QUESTION TO THE AVERAGE PROVISIONS WILL BE TO PREVENT PROMOTIONS ON AND AFTER JULY 1, 1925, AND DURING THE FISCAL YEAR 1926 OF PERSONS HOLDING THE ONLY POSITION IN A GRADE TO RATES OF COMPENSATION IN EXCESS OF THE MATHEMATICAL AVERAGE OF THE SALARY RATES OF THE GRADE AS PRESCRIBED, AND ALSO TO REQUIRE ON JULY 1, 1925, THE REDUCTION TO A SALARY RATE FIXED BY THE CLASSIFICATION ACT AT OR NEXT BELOW THE MATHEMATICAL AVERAGE OF THE SALARY RATES OF THE GRADE OF ALL PERSONS HOLDING THE ONLY POSITION IN A GRADE WHO HAVE BEEN PROMOTED DURING THE FISCAL YEAR 1925 TO A RATE OF PAY ABOVE THE MATHEMATICAL AVERAGE.

THOSE PERSONS HOLDING THE ONLY POSITION IN A GRADE WHOSE SALARY WAS FIXED AS OF JULY 1, 1924, IN ACCORDANCE WITH RULES OF SECTION 6 OF THE CLASSIFICATION ACT AT A RATE FIXED BY THE CLASSIFICATION ACT IN EXCESS OF THE MATHEMATICAL AVERAGE OF THE SALARY RATES OF THE GRADE ARE WITHIN EXCEPTION (2) OF THE AVERAGE PROVISION QUOTED ABOVE, AND NEED NOT BE REDUCED ON JULY 1, 1925; BUT IF SUCH PERSONS WITHIN EXCEPTION (2) WERE, IN ADDITION, PROMOTED DURING THE FISCAL YEAR 1925 TO A HIGHER SALARY RATE THAN FIXED UNDER SECTION 6 OF THE CLASSIFICATION ACT, THEY MUST BE REDUCED ON JULY 1, 1925, TO THE SALARY RATE TO WHICH THEY WERE ENTITLED AS OF JULY 1, 1924, IN ACCORDANCE WITH THE RULES OF SECTION 6 OF THE CLASSIFICATION ACT.

YOUR SPECIFIC QUESTION RELATES TO WHETHER SUCH REDUCTIONS IN GRADE 13 OF THE CLERICAL, ADMINISTRATIVE, AND FISCAL SERVICE AND GRADE 6 OF THE PROFESSIONAL AND SCIENTIFIC SERVICE SHALL BE AT THE RATE OF $6,500 PER ANNUM OR $6,750 PER ANNUM. IN DECISION OF THIS OFFICE DATED JUNE 26, 1924, 3 COMP. GEN. 1003, IT WAS HELD:

* * *. OF COURSE, IT MUST NOT BE UNDERSTOOD THAT IN ORDER TO BRING THE RATES OF COMPENSATION WITHIN THE AVERAGE A RATE OTHER THAN ONE AUTHORIZED UNDER THE CLASSIFICATION ACT MAY BE FIXED OR PAID.

THIS WILL BE EQUALLY APPLICABLE TO ONE POSITION IN A GRADE ON AND AFTER JULY 1, 1925. THE SALARY RATES FOR THE TWO GRADES YOU MENTION ARE $6,000, $6,500, $7,000, AND $7,500 PER ANNUM, AND THE MATHEMATICAL AVERAGE IS $6,750 PER ANNUM, WHICH IS NOT ONE OF THE SALARY RATES OF THE GRADE FIXED BY THE CLASSIFICATION ACT. THE NECESSARY REDUCTIONS IN SALARIES OF PERSONS HOLDING THE ONLY POSITION IN A GRADE WHO WERE PROMOTED DURING THE FISCAL YEAR 1925 FROM $6,000 OR $6,500 TO $7,000 OR $7,500 PER ANNUM MUST BE TO THE SALARY RATE OF $6,500 PER ANNUM ON JULY 1, 1925.