A-9677, MAY 27, 1925, 4 COMP. GEN. 1003

A-9677: May 27, 1925

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OR APPROPRIATION UNIT IS APPLICABLE ONLY TO TRANSFERS BETWEEN DEPARTMENTAL GRADES IN THE DISTRICT OF COLUMBIA. 1925: I HAVE YOUR LETTER OF MAY 13. AS FOLLOWS: A CUSTOMS FIELD EMPLOYEE WHOSE SALARY IS PAID FROM THE APPROPRIATION FOR COLLECTING THE REVENUE FROM CUSTOMS. IS DETAILED TO THE OFFICE OF THE SECRETARY OF THE TREASURY. 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. OR (2) TO REQUIRE THE REDUCTION IN SALARY OF ANY PERSON WHOSE COMPENSATION WAS FIXED AS OF JULY 1. (3) TO REQUIRE THE REDUCTION IN SALARY OF ANY PERSON WHO IS TRANSFERRED FROM ONE POSITION TO ANOTHER POSITION IN THE SAME OR DIFFERENT GRADE IN THE SAME OR A DIFFERENT BUREAU.

A-9677, MAY 27, 1925, 4 COMP. GEN. 1003

CLASSIFICATION OF CIVILIAN EMPLOYEES - TRANSFERS FROM FIELD TO DEPARTMENTAL SERVICE THE PROVISION IN THE APPROPRIATION ACT OF THE TREASURY DEPARTMENT FOR THE FISCAL YEAR 1926, 43 STAT. 764, THAT THE AVERAGE RESTRICTION ON THE SALARIES OF CIVILIAN EMPLOYEES SHOULD NOT REQUIRE THE REDUCTION IN SALARY OF ANY PERSON TRANSFERRED FROM ONE POSITION TO ANOTHER POSITION IN THE SAME OR DIFFERENT GRADE IN THE SAME OR DIFFERENT BUREAU, OFFICE, OR APPROPRIATION UNIT IS APPLICABLE ONLY TO TRANSFERS BETWEEN DEPARTMENTAL GRADES IN THE DISTRICT OF COLUMBIA, AND DOES NOT AUTHORIZE THE TRANSFER OF A FIELD EMPLOYEE TO A DEPARTMENTAL POSITION IN THE DISTRICT OF COLUMBIA AT A SALARY IN EXCESS OF THE MINIMUM SALARY OF THE GRADE TO WHICH TRANSFERRED, HIS SUBSEQUENT PROMOTION TO BE SUBJECT TO THE AVERAGE RESTRICTIONS AND HIS EFFICIENCY RATING AS COMPARED WITH THE OTHER EMPLOYEES ALREADY IN THE GRADE.

ACTING COMPTROLLER GENERAL GINN TO THE SECRETARY OF THE TREASURY, MAY 27, 1925:

I HAVE YOUR LETTER OF MAY 13, 1925, AS FOLLOWS:

A CUSTOMS FIELD EMPLOYEE WHOSE SALARY IS PAID FROM THE APPROPRIATION FOR COLLECTING THE REVENUE FROM CUSTOMS, AND FOR THE DETECTION AND PREVENTION OF FRAUDS UPON THE CUSTOMS REVENUE, IS DETAILED TO THE OFFICE OF THE SECRETARY OF THE TREASURY, UNDER AUTHORITY OF EXISTING LAW (SEC. 525, TARIFF ACT OF 1922). THIS EMPLOYEE RECEIVES A COMPENSATION OF $5,000 PER ANNUM. THE DEPARTMENT DESIRES ON JULY 1, 1925, TO TRANSFER THIS EMPLOYEE TO THE DEPARTMENTAL ROLL,"SALARIES, OFFICE OF THE SECRETARY," AT HIS PRESENT COMPENSATION OF $5,000 PER ANNUM AND TO ASSIGN HIM TO A POSITION IN GRADE 11, C.A.F. SERVICE.

THE ACT MAKING APPROPRIATIONS FOR THE TREASURY AND POST OFFICE DEPARTMENTS FOR THE FISCAL YEAR ENDING JUNE 30, 1926, PROVIDES:

"THAT IN EXPENDING APPROPRIATIONS OR PORTIONS OF APPROPRIATIONS CONTAINED IN THIS ACT FOR THE PAYMENT FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA IN ACCORDANCE WITH "THE CLASSIFICATION ACT OF 1923," THE AVERAGE OF THE SALARIES OF THE TOTAL NUMBER OF PERSONS UNDER ANY GRADE IN ANY BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT SHALL NOT AT ANY TIME EXCEED THE AVERAGE OF THE COMPENSATION RATES SPECIFIED FOR THE GRADE BY SUCH ACT, 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 (1) TO GRADES 1, 2, 3, AND 4 OF THE CLERICAL-MECHANICAL SERVICE, OR (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, (3) TO REQUIRE THE REDUCTION IN SALARY OF ANY PERSON WHO IS TRANSFERRED FROM ONE POSITION TO ANOTHER POSITION IN THE SAME OR DIFFERENT GRADE IN THE SAME OR A DIFFERENT BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT, OR (4) TO PREVENT THE PAYMENT OF A SALARY UNDER ANY GRADE AT A RATE HIGHER THAN THE MAXIMUM RATE OF THE GRADE WHEN SUCH HIGHER RATE IS PERMITTED BY "THE CLASSIFICATION ACT OF 1923," AND IS SPECIFICALLY AUTHORIZED BY OTHER LAW.'

YOUR DECISION IS REQUESTED AS TO WHETHER UNDER THE PROVISION ABOVE UNDERSCORED OR ANY OTHER PROVISION OF LAW THIS EMPLOYEE MAY BE TRANSFERRED TO A GRADE 11 POSITION IN THE DEPARTMENTAL SERVICE AT HIS PRESENT RATE OF COMPENSATION.

THE AVERAGE PROVISION QUOTED IN YOUR LETTER APPEARING IN THE ACT OF JANUARY 22, 1925, 43 STAT. 764, APPROPRIATING FOR THE TREASURY AND POST OFFICE DEPARTMENTS FOR THE FISCAL YEAR 1926, AS WELL AS THE AVERAGE PROVISIONS APPEARING IN THE OTHER APPROPRIATION ACTS FOR THE FISCAL YEARS 1925 AND 1926, HAVE RELATION EXPRESSLY AND EXCLUSIVELY TO "APPROPRIATIONS OR PORTIONS OF APPROPRIATIONS CONTAINED IN THIS ACT FOR THE PAYMENT FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA.'

THE SALARY RATES OF CLASSIFIED POSITIONS IN THE DISTRICT OF COLUMBIA, UNDER THE PROVISIONS OF THE ACT OF DECEMBER 6, 1924, 43 STAT. 710, WERE AUTHORIZED FOR THE FIELD SERVICE OF THE TREASURY DEPARTMENT DURING THE FISCAL YEAR 1926, BY THE ACT OF JANUARY 22, 1925, SUPRA, BUT THE THIRD EXCEPTION EXPRESSED IN THE ENACTMENT PROTECTS AGAINST REDUCTION IN THE SALARY OF EMPLOYEES ONLY ON BEING TRANSFERRED BETWEEN GRADES IN THE SAME OR DIFFERENT BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT, AND IS LIMITED IN ITS APPLICATION TO TRANSFERS BETWEEN DEPARTMENTAL GRADES IN THE DISTRICT OF COLUMBIA, AND HAS NO APPLICATION TO AN EMPLOYEE TRANSFERRED FROM A FIELD SERVICE POSITION TO A DEPARTMENTAL POSITION IN THE DISTRICT OF COLUMBIA.

IT HAS BEEN HELD BY THIS OFFICE THAT UNDER A TRANSFER FROM AN UNCLASSIFIED POSITION IN THE FIELD SERVICE TO A CLASSIFIED POSITION IN THE DEPARTMENTAL SERVICE THE COMPENSATION TO BE PAID WOULD BE THE MINIMUM SALARY RATE OF THE GRADE TO WHICH TRANSFERRED AS CONSTITUTING IN EFFECT A NEW APPOINTMENT. 3 COMP. GEN. 1006. THIS HOLDING WAS AFFIRMED IN DECISION OF SEPTEMBER 4, 1924, 4 COMP. GEN. 263, AND AGAIN ON NOVEMBER 29, 1924, 4 COMP. GEN. 493, 499. I AM CONSTRAINED TO HOLD THAT UNDER PRESENT ENACTMENTS EMPLOYEES TRANSFERRED FROM THE FIELD SERVICE TO THE DEPARTMENTAL GRADES MAY BE TRANSFERRED ONLY AT THE MINIMUM SALARY RATE OF THE GRADE TO WHICH TRANSFERRED.

THE SALARY RATE RECEIVED BY THE EMPLOYEE WHOSE CASE YOU SUBMIT, AND WHICH IS PAID UNDER THE FIELD APPROPRIATION, IS $5,000 PER ANNUM, WHICH CORRESPONDS TO THE MAXIMUM SALARY RATE OF GRADE 11 IN THE CLERICAL, ADMINISTRATIVE, AND FISCAL SERVICE, TO WHICH IT IS PROPOSED TO TRANSFER HIM. THE MINIMUM SALARY RATE IN THAT GRADE IS $3,800 PER ANNUM. YOU ARE ADVISED, THEREFORE, THAT THE TRANSFER TO SAID GRADE WOULD BE AUTHORIZED ONLY TO A VACANT POSITION THEREIN AT THE SALARY RATE OF $3,800 PER ANNUM, SUBJECT TO THE USUAL REQUIREMENTS OF LAW AND REGULATIONS. THE CREATION OF A NEW POSITION IN THE GRADE BY THE TRANSFER WOULD BE AUTHORIZED ONLY WITH THE CONSENT AND APPROVAL OF THE PERSONNEL CLASSIFICATION BOARD, AND, IF AUTHORIZED, THE SALARY RATE WOULD LIKEWISE BE $3,800 PER ANNUM. THE PROMOTION OF THE EMPLOYEE TO A SALARY RATE ABOVE THE MINIMUM RATE FOR THE GRADE WOULD BE SUBJECT TO THE AVERAGE RESTRICTIONS AND DEPEND UPON THE EFFICIENCY OF THE EMPLOYEE AS COMPARED TO THOSE EMPLOYEES ALREADY IN THE GRADE. 4 COMP. GEN. 77; ID. 544.