B-130200, JAN. 18, 1957

B-130200: Jan 18, 1957

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WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL COMPENSATION FOR THE PERIOD DURING WHICH YOU WERE DETAILED TO PERFORM THE DUTIES OF A HIGHER GRADE POSITION THAN THAT TO WHICH YOU WERE APPOINTED AND LEGALLY HELD AS AN EMPLOYEE OF THE FOREIGN OPERATIONS ADMINISTRATION (NOW INTERNATIONAL COOPERATION ADMINISTRATION). YOU SAY THAT STRESS IS PLACED IN THE DISALLOWANCE UPON THE "DETAIL" INVOLVED. WHILE YOU WERE NOT DETAILED. APPEAR TO HAVE NO APPLICATION IN YOUR CASE. SHOWS THAT YOUR ASSIGNMENT TO THE DUTIES OF THE HIGHER GRADE POSITION WAS ENTIRELY VERBAL. A "DETAIL" IS TO BE A WRITTEN ORDER OF THE HEAD OF THE DEPARTMENT AND IN NO CASE FOR A PERIOD OF TIME EXCEEDING 120 DAYS. ARE TO THE EFFECT THAT AN EMPLOYEE CAN ONLY BE PAID THE COMPENSATION ATTACHED TO HIS REGULAR POSITION AND THAT HE IS NOT ENTITLED TO THE COMPENSATION OF THE POSITION TO THE DUTIES OF WHICH HE IS OFFICIALLY OR UNOFFICIALLY ASSIGNED OR DETAILED.

B-130200, JAN. 18, 1957

TO MR. MARIO M. CICCOLELLA:

YOUR LETTER OF NOVEMBER 20, 1956, REQUESTS REVIEW OF OUR CLAIMS DIVISION SETTLEMENT DATED OCTOBER 24, 1955, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL COMPENSATION FOR THE PERIOD DURING WHICH YOU WERE DETAILED TO PERFORM THE DUTIES OF A HIGHER GRADE POSITION THAN THAT TO WHICH YOU WERE APPOINTED AND LEGALLY HELD AS AN EMPLOYEE OF THE FOREIGN OPERATIONS ADMINISTRATION (NOW INTERNATIONAL COOPERATION ADMINISTRATION).

YOU SAY THAT STRESS IS PLACED IN THE DISALLOWANCE UPON THE "DETAIL" INVOLVED, WHILE YOU WERE NOT DETAILED, BUT MERELY VERBALLY ASSIGNED TO THE HIGHER GRADE DUTIES. YOU ASK WHETHER UNDER SECTION 38, TITLE 5, U.S. CODE, DETAILS CAN LAST INDEFINITELY. ALSO, YOU STATE THAT THE DECISIONS, 33 COMP. GEN. 96 AND 23 ID. 145, REFERRED TO IN THE SETTLEMENT CERTIFICATE DISALLOWING YOUR CLAIM, APPEAR TO HAVE NO APPLICATION IN YOUR CASE.

THE RECORD, WHICH INCLUDES YOUR STATEMENTS, SHOWS THAT YOUR ASSIGNMENT TO THE DUTIES OF THE HIGHER GRADE POSITION WAS ENTIRELY VERBAL. UNDER THE PROVISIONS OF SECTION 38, TITLE 5, U.S. CODE, A "DETAIL" IS TO BE A WRITTEN ORDER OF THE HEAD OF THE DEPARTMENT AND IN NO CASE FOR A PERIOD OF TIME EXCEEDING 120 DAYS, WHICH MAY BE RENEWED, FROM TIME TO TIME, BY WRITTEN ORDERS OF THE HEAD OF THE DEPARTMENT IN EACH PARTICULAR CASE FOR PERIODS OF NOT EXCEEDING 120 DAYS. HOWEVER, IN THIS INSTANCE THE ADMINISTRATIVE OFFICE FAILED TO APPLY THE FOREGOING SECTION, YOUR ASSIGNMENT OR DETAIL BEING ENTIRELY INFORMAL AND UNOFFICIAL.

THE FACT REMAINS HOWEVER THAT BASED UPON OFFICIAL RECORDS DURING THE PERIOD OF YOUR CLAIM YOU HELD THE POSITION OF VOUCHER EXAMINER, GRADE GS-7 AND RECEIVED THE COMPENSATION OF THAT POSITION. THE DECISIONS OF OUR OFFICE, CITED IN THE SETTLEMENT DISALLOWING YOUR CLAIM, ARE TO THE EFFECT THAT AN EMPLOYEE CAN ONLY BE PAID THE COMPENSATION ATTACHED TO HIS REGULAR POSITION AND THAT HE IS NOT ENTITLED TO THE COMPENSATION OF THE POSITION TO THE DUTIES OF WHICH HE IS OFFICIALLY OR UNOFFICIALLY ASSIGNED OR DETAILED. SEE ALSO 24 COMP. GEN. 818. SUCH HOLDING HAS BEEN SUSTAINED BY THE COURTS. THUS, THE COURT OF CLAIMS IN PRICE V. UNITED STATES, 80 F.SUPP. 542, STATES: "IT IS A WELL SETTLED PRINCIPLE OF LAW THAT FEDERAL GOVERNMENT EMPLOYEES ARE ENTITLED ONLY TO THE SALARIES OF THE POSITION TO WHICH THEY ARE APPOINTED REGARDLESS OF THE DUTIES THEY ACTUALLY PERFORM.' THAT RULE OF LAW WAS REAFFIRMED IN THE CASE OF COLEMAN V. UNITED STATES, 100 C.CLS. 41 AND DVORKIN V. UNITED STATES, 101 C.CLS. 296, CERTIORARI DENIED, 323 U.S. 730.

WHILE IT IS UNFORTUNATE THAT YOUR INFORMAL ASSIGNMENT DURING WHICH YOU ALLEGE YOU PERFORMED THE HIGHER GRADE DUTIES CONTINUED FOR SUCH A LONG PERIOD OF TIME AND IT CAN BE SAID THAT SUCH ASSIGNMENTS UNDER THE CIRCUMSTANCES OF YOUR CASE MAY NOT BE GOOD ADMINISTRATIVE PRACTICE AND ARE NOT CONDONED, WE MUST SETTLE CLAIMS BASED UPON THE OFFICIAL RECORDS. VIEW OF THE PRINCIPLES LAID DOWN IN THE REFERRED TO DECISIONS OF THE ACCOUNTING OFFICERS AND OF THE COURTS AND SINCE SUCH RECORDS SHOW THAT YOU OFFICIALLY WERE IN A GRADE GS-7 POSITION FOR THE PERIOD OF YOUR CLAIM AND YOU HAVE RECEIVED THE COMPENSATION ATTACHED THERETO, NO BASIS EXISTS UPON WHICH OUR OFFICE PROPERLY CAN ALLOW YOUR CLAIM FOR AN ADDITIONAL AMOUNT.

ACCORDINGLY, THE SETTLEMENT OF OCTOBER 24, 1955, DISALLOWING YOUR CLAIM, MUST BE AND IS ..END :