A-96603, JULY 28, 1938, 18 COMP. GEN. 99

A-96603: Jul 28, 1938

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IF SAID REALLOCATION INCREASES ARE APPROVED BY THE COMMISSIONERS EFFECTIVE ON OR AFTER JULY 1. IS AS FOLLOWS: THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA REQUEST YOUR DECISION TO THE QUESTIONS HEREINAFTER PRESENTED. THAT THE FOREGOING LIMITATION SHALL NOT APPLY TO THE REALLOCATION OF POSITIONS WHERE THE SALARY IS LESS THAN $2. THE POSITIONS OF SEVERAL EMPLOYEES OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA WERE REALLOCATED BY THE CIVIL SERVICE COMMISSION DURING THE FISCAL YEAR ENDED JUNE 30. THE REALLOCATION INCREASES WILL BE PAID. THE SEVERAL CASES REFERRED TO ARE AS FOLLOWS: STANLEY DE NEAL. THE QUESTION INVOLVED HERE IS WHETHER OR NOT THERE SHOULD BE CHARGED AGAINST THE TOTAL OF $35.

A-96603, JULY 28, 1938, 18 COMP. GEN. 99

CLASSIFICATION - REALLOCATION INCREASES - DISTRICT OF COLUMBIA EMPLOYEE LIMITATIONS PAYMENTS FOR REALLOCATION INCREASES OF EMPLOYEES OF THE DISTRICT OF COLUMBIA DENIED UNDER THE TERMS OF THE DISTRICT OF COLUMBIA APPROPRIATION ACT FOR THE FISCAL YEAR 1938, MAY NOW BE PAID WITHIN THE LIMITATIONS OF SECTION 7 OF THE DISTRICT OF COLUMBIA APPROPRIATION ACT FOR THE FISCAL YEAR 1939, 52 STAT. 192, IF SAID REALLOCATION INCREASES ARE APPROVED BY THE COMMISSIONERS EFFECTIVE ON OR AFTER JULY 1, 1938, BUT THE SALARY INCREASES SO PAID MUST BE CHARGED AGAINST THE LIMITATION AMOUNT SPECIFIED IN THE LATTER APPROPRIATION ACT. ONLY THE ACTUAL AMOUNT EXPENDED TO PAY THE REALLOCATION INCREASES FROM THE EFFECTIVE DATES DURING THE FISCAL YEAR 1939, AND NOT THE SALARY INCREASES ON THE BASIS OF THE FULL FISCAL YEAR, NEED BE CHARGED TO THE LIMITATION AMOUNT PROVIDED FOR REALLOCATION INCREASE PURPOSES IN SECTION 7 OF THE DISTRICT OF COLUMBIA APPROPRIATION ACT FOR THE FISCAL YEAR 1939, 52 STAT. 192.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE PRESIDENT, BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA, JULY 28, 1938:

YOUR LETTER OF JULY 15, 1938, IS AS FOLLOWS:

THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA REQUEST YOUR DECISION TO THE QUESTIONS HEREINAFTER PRESENTED.

THE DISTRICT OF COLUMBIA APPROPRIATION ACT FOR THE FISCAL YEAR ENDED JUNE 30, 1938, APPROVED JUNE 29, 1937, PROVIDES IN SECTION 7 AS FOLLOWS:

"NO PART OF THE APPROPRIATIONS CONTAINED IN THIS ACT SHALL BE USED TO PAY ANY INCREASE IN THE SALARY OF ANY OFFICER OR EMPLOYEE BY REASON OF THE REALLOCATION OF THE POSITION OF SUCH OFFICER OR EMPLOYEE TO A HIGHER GRADE AFTER JUNE 30, 1937, BY THE CIVIL SERVICE COMMISSION, AND SALARIES PAID ACCORDINGLY SHALL BE PAYMENT IN FULL: PROVIDED, THAT THE FOREGOING LIMITATION SHALL NOT APPLY TO THE REALLOCATION OF POSITIONS WHERE THE SALARY IS LESS THAN $2,600 PER ANNUM.'

THE DISTRICT OF COLUMBIA APPROPRIATION ACT FOR THE FISCAL YEAR ENDING JUNE 30, 1939, APPROVED APRIL 4, 1938, PROVIDES IN SECTION 7 AS FOLLOWS:

"APPROPRIATIONS CONTAINED IN THIS ACT SHALL BE USED TO PAY INCREASES IN THE SALARIES OF OFFICERS AND EMPLOYEES BY REASON OF THE REALLOCATION OF THE POSITION OF ANY OFFICER OR EMPLOYEE BY THE CIVIL SERVICE COMMISSION: PROVIDED, THAT THE TOTAL REALLOCATION INCREASES UNDER SUCH APPROPRIATIONS SHALL NOT EXCEED $35,000: PROVIDED FURTHER, THAT SUCH REALLOCATION INCREASES SHALL BE SUBJECT TO THE APPROVAL OF THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA.'

THE POSITIONS OF SEVERAL EMPLOYEES OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA WERE REALLOCATED BY THE CIVIL SERVICE COMMISSION DURING THE FISCAL YEAR ENDED JUNE 30, 1938, IN EACH OF WHICH SEVERAL CASES THE SALARY INVOLVED EXCEED $2,600, AND ACCORDINGLY UNDER THE PROVISIONS OF SECTION 7 OF THE DISTRICT OF COLUMBIA APPROPRIATION ACT FOR THE FISCAL YEAR 1938 THE INCREASE IN SALARY RESULTING FROM THE REALLOCATION COULD NOT BE PAID DURING THAT FISCAL YEAR. HOWEVER, BEGINNING WITH THE FISCAL YEAR 1939, UNDER THE PROVISIONS OF SECTION 7 OF THE DISTRICT APPROPRIATION ACT FOR THIS YEAR, THE REALLOCATION INCREASES WILL BE PAID. FOR YOUR INFORMATION, THE SEVERAL CASES REFERRED TO ARE AS FOLLOWS:

STANLEY DE NEAL, ASSISTANT CORPORATION COUNSEL, REALLOCATED FROM P-3 AT $3,300 TO P-4 AT $3,800, EFFECTIVE JULY 16, 1937;

CHESTER GRAY, ASSISTANT CORPORATION COUNSEL, REALLOCATED FROM P-5 AT $4,800 TO P-6 AT $5,600, EFFECTIVE JUNE 16, 1938;

CHARLES GREGG, EMPLOYED IN THE MUNICIPAL ARCHITECT'S OFFICE, REALLOCATED FROM P-3 AT $3,200 TO P-4 AT $3,800, EFFECTIVE APRIL 16, 1938;

GEORGE M. ROBERTS, SUPERINTENDENT OF WEIGHTS, MEASURES, AND MARKETS, REALLOCATED FROM CAF-10 AT $3,700 TO CAF-11 AT $3,800, EFFECTIVE APRIL 1, 1938.

IN CONNECTION WITH THESE CASES, THE QUESTION ARISES WHETHER OR NOT THE INCREASES REPRESENTED BY THESE REALLOCATIONS MUST BE INCLUDED WITHIN AND CONSIDERED TO BE PART OF THE TOTAL OF $35,000 FOR REALLOCATION INCREASES UNDER APPROPRIATIONS CONTAINED IN THE DISTRICT OF COLUMBIA APPROPRIATION ACT FOR THE FISCAL YEAR 1939, PURSUANT TO THE PROVISIONS OF SECTION 7 OF THAT ACT. THE COMMISSIONERS DESIRE YOUR DECISION TO THIS QUESTION.

IN FURTHER CONNECTION WITH THIS SUBJECT, ANOTHER QUESTION ARISES, WHICH RELATES TO REALLOCATION INCREASES APPROVED BY THE CIVIL SERVICE COMMISSION AND BY THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA WHICH BECOME EFFECTIVE AT VARIOUS TIMES DURING THE FISCAL YEAR 1939 OTHER THAN AT THE BEGINNING THEREOF. THE QUESTION INVOLVED HERE IS WHETHER OR NOT THERE SHOULD BE CHARGED AGAINST THE TOTAL OF $35,000 SUCH REALLOCATION INCREASES ON THE BASIS OF THE ENTIRE FISCAL YEAR 1939 OR ONLY OF SUCH PART OF THAT FISCAL YEAR AS IS REPRESENTED BY THE PERIOD BEGINNING WITH THE EFFECTIVE DATE OF THE REALLOCATION INCREASE AND ENDING WITH JUNE 30, 1939. THE COMMISSIONERS WOULD APPRECIATE YOUR DECISION TO THIS QUESTION.

THE FIRST PROVISO TO THE QUOTED PORTION OF THE DISTRICT OF COLUMBIA APPROPRIATION ACT FOR THE FISCAL YEAR 1939, QUOTED IN YOUR LETTER, PLACING A LIMITATION OF $35,000 ON THE AMOUNT THAT MAY BE EXPENDED AS REALLOCATION INCREASES, MAKES NO DISTINCTION BETWEEN INCREASES RESULTING FROM REALLOCATION OF POSITIONS APPROVED BY THE CIVIL SERVICE COMMISSION BEFORE OR AFTER JULY 1, 1938. THE SECOND PROVISO APPEARS TO VEST IN THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA A DISCRETION WHETHER ANY PARTICULAR REALLOCATION INCREASES WILL BE PAID.

ACCORDINGLY, IF, AS APPEARS TO BE THE CASE, THE COMMISSIONERS HAVE APPROVED THE REALLOCATION INCREASES EFFECTIVE ON OR AFTER JULY 1, 1938, OF THE FOUR EMPLOYEES NAMED WHOSE POSITIONS WERE REALLOCATED TO HIGHER GRADES DURING THE FISCAL YEAR 1938, THE AMOUNT OF THE INCREASE IN THEIR SALARIES MUST BE CHARGED AGAINST THE LIMITATION OF $35,000 FOR THE FISCAL YEAR 1939.

REFERRING TO THE SECOND QUESTION, I HAVE TO ADVISE THAT ONLY THE ACTUAL AMOUNT EXPENDED UNDER THE APPROPRIATION TO PAY THE REALLOCATION INCREASES FROM THE EFFECTIVE DATES DURING THE FISCAL YEAR 1939 IS REQUIRED TO BE CHARGED AGAINST THE TOTAL LIMITATION OF $35,000.