B-15935, APRIL 15, 1941, 20 COMP. GEN. 650

B-15935: Apr 15, 1941

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DOES NOT REQUIRE OR AUTHORIZE AN ADJUSTMENT OF THE CHARGE MADE AGAINST THE QUOTA OF THE STATE FROM WHICH AN EMPLOYEE WAS ORIGINALLY APPOINTED NOTWITHSTANDING THAT BY REASON OF HER SUBSEQUENT MARRIAGE SHE HAS CHANGED HER RESIDENCE TO THAT OF HER HUSBAND LOCATED IN A DIFFERENT STATE. 1941: I HAVE YOUR LETTER OF APRIL 2. IF THE EFFECT OF SUCH APPOINTMENT IS TO INCREASE THE NUMBER OF NON-CIVIL SERVICE EMPLOYEES FROM THE STATE OF RESIDENCE OF ANY SUCH NON-CIVIL SERVICE APPOINTEE BEYOND THE NUMBER OF NON-CIVIL-SERVICE EMPLOYEES TO WHICH SUCH STATE IS ENTITLED. THE APPOINTMENT OF WHICH IS MADE BY THE PRESIDENT: PROVIDED FURTHER. WHOSE APPOINTMENT WAS SUBJECT TO THIS PROVISION OF LAW HAS. SHE WAS APPOINTED FROM AND HER APPOINTMENT WAS CHARGED AGAINST THE QUOTA OF WEST VIRGINIA.

B-15935, APRIL 15, 1941, 20 COMP. GEN. 650

APPOINTMENTS TO NON-CIVIL-SERVICE POSITIONS - APPORTIONMENT RESTRICTIONS SECTION 702 OF THE LABOR-FEDERAL SECURITY APPROPRIATION ACT, 1941, WHICH PROVIDES FOR APPORTIONMENT BY STATES OF APPOINTMENTS TO NON-CIVIL SERVICE POSITIONS UNDER APPROPRIATIONS IN SAID ACT, DOES NOT REQUIRE OR AUTHORIZE AN ADJUSTMENT OF THE CHARGE MADE AGAINST THE QUOTA OF THE STATE FROM WHICH AN EMPLOYEE WAS ORIGINALLY APPOINTED NOTWITHSTANDING THAT BY REASON OF HER SUBSEQUENT MARRIAGE SHE HAS CHANGED HER RESIDENCE TO THAT OF HER HUSBAND LOCATED IN A DIFFERENT STATE.

COMPTROLLER GENERAL WARREN TO THE FEDERAL SECURITY ADMINISTRATOR, APRIL 15, 1941:

I HAVE YOUR LETTER OF APRIL 2, 1941, AS FOLLOWS:

SECTION 702 OF THE LABOR-FEDERAL SECURITY APPROPRIATION ACT, 1941, READS AS FOLLOWS:

" NONE OF THE FUNDS APPROPRIATED IN THIS ACT SHALL BE USED TO PAY THE SALARY OF ANY PERSON APPOINTED TO A NON-CIVIL-SERVICE POSITION, UNDER THE APPROPRIATIONS IN THE RESPECTIVE TITLES IN THIS ACT, IF THE EFFECT OF SUCH APPOINTMENT IS TO INCREASE THE NUMBER OF NON-CIVIL SERVICE EMPLOYEES FROM THE STATE OF RESIDENCE OF ANY SUCH NON-CIVIL SERVICE APPOINTEE BEYOND THE NUMBER OF NON-CIVIL-SERVICE EMPLOYEES TO WHICH SUCH STATE IS ENTITLED, UNDER THE APPROPRIATIONS IN THE RESPECTIVE TITLES OF THIS ACT, ON A BASIS OF POPULATION: PROVIDED, THAT THIS SECTION SHALL NOT APPLY TO ANY POSITION, THE APPOINTMENT OF WHICH IS MADE BY THE PRESIDENT: PROVIDED FURTHER, THAT THIS SECTION SHALL NOT APPLY TO POSITIONS IN THE CIVILIAN CONSERVATION CORPS OUTSIDE THE DISTRICT OF COLUMBIA, OR THE PUBLIC HEALTH SERVICE.'

A FEMALE EMPLOYEE, EMPLOYED IN THE DISTRICT OF COLUMBIA, WHOSE APPOINTMENT WAS SUBJECT TO THIS PROVISION OF LAW HAS, SINCE HER APPOINTMENT, BEEN MARRIED AND SHE HAS REQUESTED THAT THE RECORDS BE AMENDED TO SHOW HER RESIDENCE AS THAT OF HER HUSBAND. SHE WAS APPOINTED FROM AND HER APPOINTMENT WAS CHARGED AGAINST THE QUOTA OF WEST VIRGINIA, WHILE HER HUSBAND'S RESIDENCE IS IN ARIZONA. THERE WOULD APPEAR TO BE NO QUESTION OF THIS EMPLOYEE'S RIGHT TO CLAIM HER HUSBAND'S RESIDENCE, BUT THE QUESTION DOES ARISE AS TO WHETHER THE LAW QUOTED ABOVE EITHER REQUIRES OR PERMITS AN ADJUSTMENT OF THE CHARGE OF THIS APPOINTMENT SO THAT IT BE CHARGED AGAINST THE QUOTA OF THE STATE OF ARIZONA INSTEAD OF THAT OF THE STATE OF WEST VIRGINIA. WILL YOU BE GOOD ENOUGH TO GIVE ME YOUR INTERPRETATION OF THE LAW IN THIS MATTER?

THE RESTRICTION IN THE QUOTED STATUTE APPEARS DIRECTED TO THE ACT OF APPOINTMENT, AND I FIND NOTHING THEREIN, EXPRESS OR IMPLIED, WHICH WOULD REQUIRE OR AUTHORIZE AN ADJUSTMENT OF THE CHARGE MADE AGAINST THE QUOTA OF THE STATE FROM WHICH THE EMPLOYEE WAS ORIGINALLY APPOINTED NOTWITHSTANDING THAT BY REASON OF HER HAVING CONTRACTED A MARRIAGE SUBSEQUENT TO SAID APPOINTMENT SHE HAS EXERCISED WHAT APPEARS TO HAVE BEEN HER LEGAL RIGHT TO CHANGE HER RESIDENCE TO THAT OF HER HUSBAND. COMPARE " NOTES ON RESIDENCE," PAGE 133 OF CIVIL SERVICE COMMISSION PUBLICATION ENTITLED , CIVIL SERVICE ACT AND RULES, STATUTES, EXECUTIVE ORDERS, AND REGULATIONS," AMENDED TO JUNE 30, 1939.