B-152382, SEP. 17, 1963

B-152382: Sep 17, 1963

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KAHN WAS APPOINTED WAS ESTABLISHED BY YOU ON APRIL 23. WERE REQUESTED OF THE COMMISSION ON AUGUST 14. THE COMMISSION ADVISED THAT IT WOULD INTERPOSE NO OBJECTION TO THE RETROACTIVE DATE INASMUCH AS IT WOULD HAVE APPROVED THE REQUEST HAD IT BEEN SUBMITTED PRIOR TO JUNE 9. WE HAVE BEEN ADVISED. IN THE CIRCUMSTANCES WE WILL INTERPOSE NO OBJECTION TO THE ESTABLISHMENT OF THE DATE OF ADMINISTRATIVE ACTION AS THE EFFECTIVE DATE OF APPOINTMENT.

B-152382, SEP. 17, 1963

TO DIRECTOR, UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY:

IN YOUR LETTER, WITH ENCLOSURES, RECEIVED HERE AUGUST 28, 1963, YOU REQUEST OUR DECISION WHETHER THE APPOINTMENT OF DR. LESSING A. KAHN, AN EMPLOYEE OF YOUR AGENCY, TO A POSITION ESTABLISHED UNDER AUTHORITY OF THE ACT OF AUGUST 1, 1947, CH. 433, 61 STAT. 715, AS AMENDED, 5 U.S.C. 1161 ET SEQ., MAY BE MADE RETROACTIVELY EFFECTIVE AS OF JUNE 9, 1963.

THE STATUTES REFERRED TO AUTHORIZE YOU TO ESTABLISH AND FIX THE COMPENSATION FOR NOT MORE THAN 14 SCIENTIFIC OR PROFESSIONAL POSITIONS IN THE AGENCY AND PROVIDE FURTHER (5 U.S.C. 1162) THAT THE RATES OF COMPENSATION OF SUCH POSITIONS AND THE QUALIFICATIONS OF APPOINTEES THERETO SHALL BE APPROVED BY THE CIVIL SERVICE COMMISSION.

YOU SAY THAT THE POSITION TO WHICH DR. KAHN WAS APPOINTED WAS ESTABLISHED BY YOU ON APRIL 23, 1963, BUT THAT IN PROCESSING THE APPOINTMENT TO TAKE EFFECT ON JUNE 9, 1963, THE PERSONNEL OFFICERS CONCERNED FAILED THROUGH ADMINISTRATIVE ERROR TO OBTAIN THE PRIOR APPROVAL OF THE CIVIL SERVICE COMMISSION AS TO DR. KAHN'S QUALIFICATIONS AND THE RATE OF COMPENSATION, $18,500, FIXED FOR THE POSITION. ON DISCOVERING THE OVERSIGHT THE REQUIRED APPROVALS, RETROACTIVELY EFFECTIVE AS OF JUNE 9, WERE REQUESTED OF THE COMMISSION ON AUGUST 14, 1963. BY LETTER OF AUGUST 21, 1963, THE COMMISSION ADVISED THAT IT WOULD INTERPOSE NO OBJECTION TO THE RETROACTIVE DATE INASMUCH AS IT WOULD HAVE APPROVED THE REQUEST HAD IT BEEN SUBMITTED PRIOR TO JUNE 9, 1963, BUT THAT THE AUTHORITY FOR RETROACTIVE ACTION SHOULD BE OBTAINED FROM OUR OFFICE. WE HAVE BEEN ADVISED, INFORMALLY, THAT DR. KAHN HAS BEEN COMPENSATED AT THE RATE OF $18,500 SINCE JUNE 9, 1963.

IN THE CIRCUMSTANCES WE WILL INTERPOSE NO OBJECTION TO THE ESTABLISHMENT OF THE DATE OF ADMINISTRATIVE ACTION AS THE EFFECTIVE DATE OF APPOINTMENT. B-130246, FEBRUARY 26, 1957.

THEREFORE, DR. KAHN'S APPOINTMENT TO THE POSITION IN QUESTION MAY BE REGARDED AS HAVING TAKEN EFFECT ON JUNE 9, 1963.