A-95008, JUNE 13, 1938, 17 COMP. GEN. 1068

A-95008: Jun 13, 1938

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IS AS FOLLOWS: THE FOLLOWING FACTS ARE RELATED TO ASSIST YOU IN GIVING OPINION ON A QUESTION WHICH THIS LETTER WILL REQUEST BELOW. MADE COMPLAINTS THAT THEIR GRADES AND SALARIES WERE NOT PROPER GRADES AND SALARIES. A THOROUGH INVESTIGATION OF THIS MATTER WAS MADE BY ARMY AUTHORITIES AND A PERSONNEL CLASSIFICATION INVESTIGATION WAS MADE THROUGH THE COOPERATION OF THE CIVIL SERVICE COMMISSION. THE FINDINGS OF THESE INVESTIGATIONS WERE THAT THE FORTY-FOUR EMPLOYEES REFERRED TO ARE CLASSIFIED IMPROPERLY AND THAT THEY SHOULD RECEIVE HIGHER CLASSIFICATIONS THAN AT PRESENT. WE ARE INFORMED THAT THESE EMPLOYEES DO NOT FALL INTO THE CATEGORY OF "DEPARTMENTAL" EMPLOYEES. ARE IN THE STATUS OF "FIELD" EMPLOYEES.

A-95008, JUNE 13, 1938, 17 COMP. GEN. 1068

RECLASSIFICATION - CIVILIAN CONSERVATION CORPS AND RELATED WAR DEPARTMENT EMPLOYEES - ALLOTMENTS OF CIVILIAN CONSERVATION CORPS FUNDS UNDER AUTHORITY OF THE ACT OF JUNE 28, 1937, 50 STAT. 319, ESTABLISHING THE CIVILIAN CONSERVATION CORPS, THE DIRECTOR MAY ALLOT TO THE WAR DEPARTMENT SUCH FUNDS AS NECESSARY FOR PAYMENT OF AN INCREASE IN COMPENSATION, THROUGH RECLASSIFICATION, OF ITS EMPLOYEES PAID BY THE SAID DEPARTMENT FROM PREVIOUSLY ALLOTTED FUNDS, AND FOR PAYMENT OF SUCH PROPORTION OF THE INCREASED SALARIES OF RECLASSIFIED WAR DEPARTMENT EMPLOYEES AS MAY BE NECESSARY TO PAY FOR THE SERVICES RENDERED BY THEM FOR, OR IN COOPERATION WITH, THE CIVILIAN CONSERVATION CORPS IN ADDITION TO THEIR REGULAR WAR DEPARTMENT DUTIES.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE DIRECTOR, CIVILIAN CONSERVATION CORPS, JUNE 13, 1938:

YOUR LETTER OF MAY 13, 1938, IS AS FOLLOWS:

THE FOLLOWING FACTS ARE RELATED TO ASSIST YOU IN GIVING OPINION ON A QUESTION WHICH THIS LETTER WILL REQUEST BELOW.

THE MATTER AT HAND SPECIFICALLY RELATES TO FORTY-FOUR EMPLOYEES (1) IN THE TRANSPORTATION BRANCH, FINANCE OFFICE, UNITED STATES ARMY, WASHINGTON, D.C. THE PRESENT CLASSIFICATIONS OF THESE EMPLOYEES RANGE FROM CAF-3 TO CAF-10.

IN AUGUST 1937 THIS GROUP OF EMPLOYEES, THROUGH CHANNELS, MADE COMPLAINTS THAT THEIR GRADES AND SALARIES WERE NOT PROPER GRADES AND SALARIES, TAKING INTO CONSIDERATION THEIR DUTIES AND SIMILAR DUTIES PERFORMED IN OTHER GOVERNMENT DEPARTMENTS. A THOROUGH INVESTIGATION OF THIS MATTER WAS MADE BY ARMY AUTHORITIES AND A PERSONNEL CLASSIFICATION INVESTIGATION WAS MADE THROUGH THE COOPERATION OF THE CIVIL SERVICE COMMISSION.

THE FINDINGS OF THESE INVESTIGATIONS WERE THAT THE FORTY-FOUR EMPLOYEES REFERRED TO ARE CLASSIFIED IMPROPERLY AND THAT THEY SHOULD RECEIVE HIGHER CLASSIFICATIONS THAN AT PRESENT. IN NEARLY ALL CASES THESE HIGHER CLASSIFICATIONS WOULD RESULT IN SALARY INCREASES. WE ARE INFORMED THAT THESE EMPLOYEES DO NOT FALL INTO THE CATEGORY OF "DEPARTMENTAL" EMPLOYEES, BUT ARE IN THE STATUS OF "FIELD" EMPLOYEES. WE ARE FURTHER INFORMED THAT HAD THESE EMPLOYEES BEEN "DEPARTMENTAL" THE RECLASSIFICATION RECOMMENDATIONS OF THE CIVIL SERVICE COMMISSION WOULD HAVE BEEN MANDATORY, BUT THAT AS THESE EMPLOYEES ARE NOT "DEPARTMENTAL" THE RECOMMENDATIONS ARE ADVISORY ONLY.

INSOFAR AS THE TWENTY-ONE EMPLOYEES WHO ARE SPECIFICALLY ON THE CIVILIAN CONSERVATION CORPS PAY ROLL ARE CONCERNED WE FEEL CONFIDENT THAT THE DIRECTOR, CIVILIAN CONSERVATION CORPS, HAS THE NECESSARY POWER TO APPROVE THE RECLASSIFICATIONS (C.C.A. ACT APPROVED JUNE 28, 1937, 50 STAT. 319, SECTION 2 "* * * THE DIRECTOR SHALL HAVE COMPLETE AND FINAL AUTHORITY IN THE FUNCTIONING OF THE CORPS, INCLUDING THE ALLOTMENT OF FUNDS TO COOPERATING FEDERAL DEPARTMENTS AND AGENCIES * * *).'

THE INVESTIGATION OF THE PERSONNEL CLASSIFICATION EXAMINER, AS WELL AS THE REPRESENTATIONS OF THE WAR DEPARTMENT, DISCLOSES THAT THE TRUE REASONS WHY THE TWENTY-THREE EMPLOYEES ON REGULAR WAR DEPARTMENT PAY ROLLS SHOULD BE RECLASSIFIED LIE IN THE FACT THAT THE DUTIES AND RESPONSIBILITIES OF THESE TWENTY-THREE POSITIONS HAVE BEEN VASTLY INCREASED DUE TO THE OPERATIONS OF THE CIVILIAN CONSERVATION CORPS--- IN WHICH OPERATIONS THE WAR DEPARTMENT PLAYS A VERY IMPORTANT, COOPERATIVE PART.

WHILE IT MAY APPEAR TO BE EQUITABLE FOR THE DIRECTOR, CIVILIAN CONSERVATION CORPS, TO EFFECT A TRANSFER OF FUNDS TO THE WAR DEPARTMENT TO TAKE CARE OF THE SALARY INCREASES FOR THESE TWENTY-THREE POSITIONS, THE OFFICE OF THE DIRECTOR REQUESTS YOUR OPINION AS TO WHETHER HE HAS THE LEGAL AUTHORITY TO EFFECT SUCH TRANSFER OF FUNDS IF HE BELIEVES THIS TO BE A DESIRABLE ACTION.

IT IS UNDERSTOOD THAT THE ENTIRE SALARIES OF THE 21 EMPLOYEES "WHO ARE SPECIFICALLY ON THE CIVILIAN CONSERVATION CORPS PAY ROLL" ARE NOW PAID FROM CIVILIAN CONSERVATION CORPS FUNDS ALLOTTED TO THE WAR DEPARTMENT UNDER AUTHORITY OF THE ACT OF JUNE 28, 1937, 50 STAT. 319, AND THAT THE ENTIRE SALARIES OF THE REMAINING 23 EMPLOYEES ARE NOW PAID FROM WAR DEPARTMENT FUNDS APPROPRIATED BY THE ACT OF JULY 1, 1937, 50 STAT. 448; ALSO, THAT THE ENTIRE TIME OF THE FIRST-MENTIONED 21 EMPLOYEES IS DEVOTED TO THE CIVILIAN CONSERVATION CORPS WORK AND THAT THE DUTIES OF THE REMAINING 23 EMPLOYEES ARE DIVIDED BETWEEN REGULAR WAR DEPARTMENT WORK AND CIVILIAN CONSERVATION CORPS WORK, YOUR LETTER STATING THAT THE DUTIES AND RESPONSIBILITIES OF THESE 23 POSITIONS HAVE BEEN VASTLY INCREASED DUE TO THE OPERATIONS OF THE CIVILIAN CONSERVATION CORPS.

SECTIONS 2, 5, AND 11 OF THE ACT OF JUNE 28, 1937, 50 STAT. 319, ESTABLISHING THE CIVILIAN CONSERVATION CORPS, PROVIDE AS FOLLOWS:

SEC. 2. THE PRESIDENT, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, IS AUTHORIZED TO APPOINT A DIRECTOR AT A SALARY OF $10,000 PER ANNUM. THE DIRECTOR SHALL HAVE COMPLETE AND FINAL AUTHORITY IN THE FUNCTIONING OF THE CORPS, INCLUDING THE ALLOTMENT OF FUNDS TO COOPERATING FEDERAL DEPARTMENTS AND AGENCIES, SUBJECT TO SUCH RULES AND REGULATIONS AS MAY BE PRESCRIBED BY THE PRESIDENT IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT.

SEC. 5. THE DIRECTOR AND, UNDER HIS SUPERVISION, THE HEADS OF OTHER FEDERAL DEPARTMENTS OR AGENCIES COOPERATING IN THE WORK OF THE CORPS, ARE AUTHORIZED WITHIN THE LIMIT OF THE ALLOTMENTS OF FUNDS THEREFOR, TO APPOINT SUCH CIVILIAN PERSONNEL AS MAY BE DEEMED NECESSARY FOR THE EFFICIENT AND ECONOMICAL DISCHARGE OF THE FUNCTIONS OF THE CORPS WITHOUT REGARD TO THE CIVIL-SERVICE LAWS AND REGULATIONS.

SEC. 11. THE CHIEF OF FINANCE, WAR DEPARTMENT, IS HEREBY DESIGNATED, EMPOWERED, AND DIRECTED, UNTIL OTHERWISE ORDERED BY THE PRESIDENT, TO ACT AS THE FISCAL AGENT OF THE DIRECTOR IN CARRYING OUT THE PROVISIONS OF THIS ACT: PROVIDED, THAT FUNDS ALLOCATED TO GOVERNMENT AGENCIES FOR OBLIGATION UNDER THIS ACT MAY BE EXPENDED IN ACCORDANCE WITH THE LAWS, RULES, AND REGULATIONS GOVERNING THE USUAL WORK OF SUCH AGENCY, EXCEPT AS OTHERWISE STIPULATED IN THIS ACT: * * *

YOUR CONCLUSION IS CORRECT THAT, UNDER AUTHORITY OF THE QUOTED STATUTE, ADDITIONAL CIVILIAN CONSERVATION CORPS FUNDS MAY BE ALLOTTED TO THE WAR DEPARTMENT FOR PAYMENT OF THE INCREASE IN COMPENSATION OF THE 21 EMPLOYEES WHO ARE NOW ON THE CIVILIAN CONSERVATION CORPS PAY ROLL.

IT HAS HERETOFORE BEEN RECOGNIZED THAT THE SALARY OF AN EMPLOYEE FIXED PURSUANT TO THE CLASSIFICATION ACT MAY BE APPORTIONED AMONG MORE THAN ONE APPROPRIATION AVAILABLE FOR EXPENDITURE BY A GOVERNMENT AGENCY. 4 COMP. GEN. 342, 4 ID. 703; 5 ID. 1036. ACCORDINGLY, IF IT BE ADMINISTRATIVELY DETERMINED BOTH BY THE WAR DEPARTMENT AND THE CIVILIAN CONSERVATION CORPS THAT THE DUTIES AND RESPONSIBILITIES OF THE REMAINING 23 EMPLOYEES NOW ON THE ROLLS OF THE WAR DEPARTMENT ARE DIVIDED BETWEEN THE FUNCTIONS IMPOSED BY LAW ON THE TWO AGENCIES FOR WHICH THE WAR DEPARTMENT AND THE CIVILIAN CONSERVATION CORPS APPROPRIATIONS HAVE BEEN MADE AVAILABLE, THERE APPEARS PROPER AUTHORITY UNDER THE QUOTED STATUTE FOR ALLOTMENT OF ADDITIONAL CIVILIAN CONSERVATION CORPS FUNDS TO THE WAR DEPARTMENT FOR PAYMENT OF SUCH PROPORTION OF THE INCREASED SALARIES OF THE EMPLOYEES IN QUESTION AS MAY BE NECESSARY TO PAY FOR THE SERVICES RENDERED BY THEM FOR OR IN COOPERATION WITH THE CIVILIAN CONSERVATION CORPS. THE QUESTION PRESENTED IS ANSWERED ACCORDINGLY.