B-21320, NOVEMBER 8, 1941, 21 COMP. GEN. 436

B-21320: Nov 8, 1941

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DISTRICT OF COLUMBIA SCHOOL TEACHERS - DEMOTIONS - INITIAL SALARY RATES WHERE A DISTRICT OF COLUMBIA SCHOOL TEACHER OCCUPYING A PERMANENT POSITION WAS APPOINTED AT AN INCREASE IN SALARY FOR A TEMPORARY PERIOD TO FILL A VACANCY. WAS REDUCED TO A PERMANENT POSITION IN A SALARY CLASS NEXT ABOVE THAT IN WHICH HE HAD SERVED PRIOR TO HIS TEMPORARY APPOINTMENT. HE IS ENTITLED UNDER THE TEACHERS SALARY ACT OF 1924 TO RECEIVE ONLY THE SALARY RATE IN THE CLASS TO WHICH REDUCED NEXT ABOVE THAT RATE OF THE SALARY CLASS HE RECEIVED PRIOR TO THE TEMPORARY APPOINTMENT. 1941: I HAVE YOUR LETTER OF OCTOBER 21. THE TEMPORARY APPOINTMENT WAS CONTINUED FOR A PERIOD NOT TO EXTEND BEYOND JUNE 30. HE WAS "DEMOTED WITHOUT PREJUDICE" TO A PROFESSORSHIP AT WILSON TEACHERS COLLEGE TO THE MAXIMUM OF CLASS 12 AT $4.

B-21320, NOVEMBER 8, 1941, 21 COMP. GEN. 436

DISTRICT OF COLUMBIA SCHOOL TEACHERS - DEMOTIONS - INITIAL SALARY RATES WHERE A DISTRICT OF COLUMBIA SCHOOL TEACHER OCCUPYING A PERMANENT POSITION WAS APPOINTED AT AN INCREASE IN SALARY FOR A TEMPORARY PERIOD TO FILL A VACANCY, AND, UPON THE EXPIRATION OF SUCH APPOINTMENT, WAS REDUCED TO A PERMANENT POSITION IN A SALARY CLASS NEXT ABOVE THAT IN WHICH HE HAD SERVED PRIOR TO HIS TEMPORARY APPOINTMENT, HE IS ENTITLED UNDER THE TEACHERS SALARY ACT OF 1924 TO RECEIVE ONLY THE SALARY RATE IN THE CLASS TO WHICH REDUCED NEXT ABOVE THAT RATE OF THE SALARY CLASS HE RECEIVED PRIOR TO THE TEMPORARY APPOINTMENT. REDUCTION FROM ONE PERMANENT POSITION TO ANOTHER, DISTINGUISHED.

COMPTROLLER GENERAL WARREN TO THE PRESIDENT, BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA, NOVEMBER 8, 1941:

I HAVE YOUR LETTER OF OCTOBER 21, 1941, AS FOLLOWS:

UNDER DATE OF FEBRUARY 3, 1941, THE BOARD OF EDUCATION APPOINTED C. M. HUBER, ASSISTANT PROFESSOR, CLASS 11 AT $3,700 PER ANNUM, TO THE POSITION OF ACTING PRESIDENT, WILSON TEACHERS COLLEGE AT A SALARY OF $5,000 PER ANNUM FOR A TEMPORARY PERIOD NOT TO EXTEND BEYOND APRIL 30, 1941, AND BY BOARD ORDER DATED MAY 1, 1941, THE TEMPORARY APPOINTMENT WAS CONTINUED FOR A PERIOD NOT TO EXTEND BEYOND JUNE 30, 1941. BY BOARD ORDER DATED JULY 1, 1941, HE WAS "DEMOTED WITHOUT PREJUDICE" TO A PROFESSORSHIP AT WILSON TEACHERS COLLEGE TO THE MAXIMUM OF CLASS 12 AT $4,500 PER ANNUM. NOTWITHSTANDING THE FACT THAT HE WAS DESIGNATED AS ACTING PRESIDENT OF WILSON TEACHERS COLLEGE, AND WAS PAID THE SALARY OF THE PRESIDENT, THE POSITION THEN BEING VACANT. (SEE 17 COMP. GEN. 147.)

THIS POSITION WAS AUTHORIZED BY THE 1931 DISTRICT OF COLUMBIA APPROPRIATION ACT APPROVED JULY 3, 1930, IN ACCORDANCE WITH THE ACT OF JUNE 4, 1924 (43 STAT. 367), INCLUDING "SALARIES OF PRESIDENTS OF TEACHERS COLLEGES AND THE SALARY SCHEDULE FOR FIRST ASSISTANT SUPERINTENDENTS.' THE 1931 BUDGET, PAGE 1402, CARRIES TWO NEW POSITIONS AS "FIRST ASSISTANT SUPERINTENDENT (PRESIDENTS OF TEACHERS COLLEGES), $5,000," THUS PROVIDING A PRESIDENT FOR THE WILSON TEACHERS COLLEGE AND FOR THE MINERS TEACHERS COLLEGE AT $5,000 EACH.

FOLLOWING THE RECEIPT OF THE ORDER REDUCING, WITHOUT PREJUDICE, DR. HUBER TO THE POSITION OF PROFESSORSHIP, THE AUDITOR, UNDER DATE OF AUGUST 29, 1941, ADDRESSED A MEMORANDUM TO THE SUPERINTENDENT OF SCHOOLS, AS FOLLOWS:

"THIS OFFICE IS IN RECEIPT OF BOARD ORDER NO. 18324, PURPORTING TO BE DESIGNATION AND ASSIGNMENT OF C. M. HUBER (R-4619) FROM THE POSITION OF ACTING PRESIDENT, AT $5,000 PER ANNUM, TO PROFESSOR, AT WILSON TEACHERS COLLEGE, CLASS 12, AT $4,500 PER ANNUM, EFFECTIVE JULY 1, 1941.

"THE TEACHERS' SALARY ACT PROVIDES UNDER CLASS 12, SUPERVISING PRINCIPALS,"A BASIC SALARY OF $4,000 PER YEAR AT AN ANNUAL INCREASE IN SALARY OF $100.00 FOR FIVE YEARS, OR UNTIL A MAXIMUM SALARY OF $4,500 PER YEAR IS REACHED.' MR. HUBER PRIOR TO HIS APPOINTMENT AS ACTING PRESIDENT AT $5,000 PER ANNUM (NOT TO EXTEND BEYOND JUNE 30, 1941) WAS IN CLASS 11, AND RECEIVED THE MAXIMUM SALARY OF $3,700. HIS TEMPORARY APPOINTMENT AS ACTING PRESIDENT, IN THE OPINION OF THE AUDITOR, DOES NOT CARRY WITH IT AUTHORITY TO TRANSFER AND APPOINT PROFESSOR HUBER IN CLASS 12 AT A SALARY IN EXCESS OF $4,000, OR THE BASIC SALARY FOR THAT GRADE. THERE ARE A NUMBER OF DECISIONS OF THE COMPTROLLER GENERAL OF THE UNITED STATES, NOT NECESSARILY INVOLVING TEACHERS IN THE PUBLIC SCHOOLS, TO THE EFFECT THAT ALL ORIGINAL APPOINTMENTS MUST BE AT THE MINIMUM OF THE GRADE OR CLASS TO WHICH ASSIGNED.

" I HAVE TO ADVISE YOU, THEREFORE, THAT THE AUDITOR IS OF THE OPINION THAT HE IS WITHOUT AUTHORITY TO PAY PROFESSOR HUBER IN EXCESS OF THE MINIMUM OF THE CLASS; NAMELY, $4,000.'

IN ANSWER TO THIS LETTER, THE ACTING SUPERINTENDENT ENCLOSED A REPORT TO THE AUDITOR ON THIS SUBJECT DATED SEPT. 12, 1941, AS FOLLOWS:

"AS THE BASIS OF PREPARATION OF AN ANSWER TO THE AUDITOR CONCERNING THE INFORMATION WHICH HE PRESENTED ON AUGUST 29 RELATING TO THE ALLEGED WRONG ASSIGNMENT OF SALARY TO PROFESSOR CLYDE M. HUBER OF WILSON TEACHERS COLLEGE, I AM SUBMITTING THE FOLLOWING:

"ON JUNE 30, 1909, ON MOTION OF THE SUPERINTENDENT, THE BOARD OF EDUCATION REDUCED MR. H. L. BAILEY, SUPERVISING PRINCIPAL OF THE THIRTEENTH DIVISION, TO A TEACHER IN THE M STREET HIGH SCHOOL, TO TAKE EFFECT ON AND AFTER JULY 1, 1909. ON JUNE 30, 1909, HE WAS RECEIVING AS SUPERVISING PRINCIPAL OF THE THIRTEENTH DIVISION $2,400. ON SEPTEMBER 1 HIS SALARY WAS REDUCED TO $1,800, WHICH WAS THE MAXIMUM OF CLASS 6, GROUP A, AT THAT TIME. (SEE ORGANIC LAW OF 1906 AS PRINTED IN THE COMPILATION OF LAWS AFFECTING THE PUBLIC SCHOOLS, PAGE 17.)

"ON DECEMBER 1, 1931, MR. H. A. HAYNES WAS PROMOTED FROM TEACHER, CLASS 3B, IN THE ARMSTRONG HIGH SCHOOL, TO BE ASSISTANT SUPERINTENDENT, DIVISION 10-13, SALARY $4,200, WITH THE UNDERSTANDING WRITTEN INTO THE ORDER THAT UNLESS OTHERWISE ORDERED BY THE BOARD OF EDUCATION, MR. HAYNES WOULD RETURN TO THE POSITION OF TEACHER, CLASS 3B, ON THE EXPIRATION OF MR. H. H. LONG'S LEAVE OF ABSENCE FOR EDUCATIONAL PURPOSES; AND ON JUNE 27, 1932, THE BOARD OF EDUCATION ORDERED MR. H. A. HAYNES DEMOTED WITHOUT PREJUDICE FROM ASSISTANT SUPERINTENDENT, SALARY $4,200, TO PRINCIPAL, CLASS 8, BROWNE JUNIOR HIGH SCHOOL, EFFECTIVE ON AND AFTER JULY 1, 1932, WITH THE SALARY OF $4,000, WHICH IS THE MAXIMUM SALARY FOR CLASS 8.

" MRS. E. K. PEEPLES WAS, BY ACTION OF THE BOARD OF EDUCATION ON POLL OF THE BOARD ON JULY 11, 1939, REDUCED FROM THE DIRECTOR OF THE COMMUNITY CENTER DEPARTMENT, CLASS 10, $3,500, TO THE POSITION OF ADMINISTRATIVE PRINCIPAL, CLASS 7, $3,200--- THE MAXIMUM OF CLASS 7 IS $3,200.

"THESE THREE CITATIONS CLEARLY INDICATE THAT IT HAS BEEN THE POLICY OF THE BOARD OF EDUCATION TO DEMOTE TO THE MAXIMUM SALARY OF THE CLASS INTO WHICH THE PERSON IS DEMOTED. ALL OF THESE DEMOTIONS, SO FAR AS THE SALARY IS CONCERNED, HAVE BEEN APPROVED BY THE AUDITOR; CONSEQUENTLY, MR. PILKERTON'S LETTER DOES NOT SEEM TO BE IN KEEPING WITH THE FACTS. FRANKLY ADMITS THAT THE COMPTROLLER GENERAL'S DECISIONS DO NOT NECESSARILY INVOLVE THE TEACHERS IN THE PUBLIC SCHOOLS.

"WITH THIS RECORD OF THE FACTS AS AGAINST JUDGMENT ON THE PART OF THE AUDITOR, I THINK WE SHOULD AGAIN HOLD OUR GROUND ON THE MAXIMUM SALARY OF $4,500 FOR DR. HUBER.'

THERE HAS BEEN SUBMITTED TO THE AUDITOR FOR PAYMENT A PAY ROLL IN FAVOR OF DR. HUBER, R-4619, PROFESSOR, CLASS 12, $4,500, FOR THE MONTH OF SEPTEMBER 1941, BEING THE FIRST MONTH'S SALARY UNDER THIS APPOINTMENT. SALARIES OF TEACHERS IN THE PUBLIC SCHOOLS ARE PAID IN 10 MONTHLY INSTALLMENTS, FIRST PAYMENT TO BE MADE ON THE FIRST DAY OF OCTOBER AS PROVIDED BY THE ACT OF MAY 26, 1908 (35 STAT. 291).

WHILE IT IS TRUE THAT THE DECISIONS OF YOUR OFFICE RELATIVE TO CLASSIFICATION AND PROMOTION OF EMPLOYEES IN THE CLASSIFIED SERVICE, UNDER THE CLASSIFICATION ACT OF 1923, AS AMENDED, ARE NOT APPLICABLE TO THE PUBLIC SCHOOL TEACHERS, DR. HUBER THEORETICALLY HELD THE POSITION OF PRESIDENT SINCE HE RECEIVED THE SALARY OF THE POSITION AND THE REDUCTION IN HIS SALARY WHEN PLACED IN CLASS 12 SHOULD NOT, IN OUR OPINION, BE BELOW THAT OF THE MAXIMUM OF THE CLASS OF $4,500. (SEE 8 COMP. GEN. 275; 9 COMP. GEN. 193.)

ON THE OTHER HAND, YOUR OFFICE HAS HELD THAT THE INITIAL SALARY TO BE PAID PRIVATES OF THE POLICE AND FIRE DEPARTMENTS OF THE DISTRICT OF COLUMBIA UNDER THE SALARY ACT OF JULY 1, 1930, AS WELL AS REINSTATEMENTS, MUST BE AT THE MINIMUM OF THE GRADE. (SEE 10 COMP. GEN. 545; 15 COMP. GEN. 748.)

THE COMMISSIONERS WOULD APPRECIATE ADVICE FROM YOU AS TO WHETHER, UNDER THEIR INTERPRETATION OF THE EXISTING LAW AND THE CIRCUMSTANCES INDICATED ABOVE, DR. C. M. HUBER, PROFESSOR, WILSON TEACHERS COLLEGE MAY RECEIVE THE MAXIMUM OF THE SALARY OF CLASS 12.

THE APPROPRIATION ACT FOR THE DISTRICT OF COLUMBIA FOR THE FISCAL YEAR 1931, APPROVED JULY 3, 1930, 46 STAT. 966, CONTAINS THE FOLLOWING ITEM UNDER THE HEADING " PUBLIC SCHOOLS: "

SALARIES: FOR PERSONAL SERVICES OF ADMINISTRATIVE AND SUPERVISORY OFFICERS IN ACCORDANCE WITH THE ACT FIXING AND REGULATING THE SALARIES OF TEACHERS, SCHOOL OFFICERS, AND OTHER EMPLOYEES OF THE BOARD OF EDUCATION OF THE DISTRICT OF COLUMBIA, APPROVED JUNE 4, 1924 (43 STAT., PP. 367- 375), INCLUDING SALARIES OF PRESIDENTS OF TEACHERS' COLLEGES IN THE SALARY SCHEDULE FOR FIRST ASSISTANT SUPERINTENDENTS, $665,800.

THE TEACHERS SALARY ACT, APPROVED JUNE 4, 1924, 43 STAT. 367-375 CONTAINS THE FOLLOWING PERTINENT PROVISIONS:

ARTICLE II.---- SALARIES OF ADMINISTRATIVE AND SUPERVISORY OFFICERS.

CLASS 11.--- HEADS OF DEPARTMENTS AND ASSISTANT PRINCIPALS.

A BASIC SALARY OF $3,200 PER YEAR, WITH AN ANNUAL INCREASE IN SALARY OF $100 FOR FIVE YEARS, OR UNTIL A MAXIMUM SALARY OF $3,700 PER YEAR IS REACHED.

CLASS 12.--- SUPERVISING PRINCIPALS.

A BASIC SALARY OF $4,000 PER YEAR, WITH AN ANNUAL INCREASE IN SALARY OF $100 FOR FIVE YEARS, OR UNTIL A MAXIMUM SALARY OF $4,500 PER YEAR IS REACHED.

SUPERINTENDENT OF SCHOOLS.

THE SCHOOL OFFICERS PROVIDED FOR IN ARTICLE II OF THIS ACT DURING THE FIRST YEAR OF SERVICE SHALL RECEIVE COMPENSATION AT THE BASIC SALARY FIXED HEREIN AND NOT RECEIVE CREDIT FOR SERVICES PRIOR TO THE PASSAGE OF THIS ACT.

ARTICLE V.--- METHOD OF PROMOTION OF EMPLOYEES.

SEC. 8. THAT ON AND AFTER JULY 1, 1924, TEACHERS, SCHOOL OFFICERS, AND OTHER EMPLOYEES PROMOTED FROM A LOWER TO A HIGHER SALARY CLASS OR POSITION SHALL RECEIVE A SALARY IN THE SALARY CLASS OR POSITION TO WHICH PROMOTED WHICH IS NEXT ABOVE THE SALARY IN THE SALARY CLASS OR POSITION FROM WHICH PROMOTED.

IT IS UNDERSTOOD FROM THE FIRST PARAGRAPH OF YOUR LETTER THAT THE POSITION NOW HELD BY DR. HUBER--- PROFESSORSHIP AT THE WILSON TEACHERS COLLEGE--- NOW HAS BEEN ALLOCATED BY THE BOARD OF EDUCATION IN SALARY CLASS 12. AS TO THE AUTHORITY FOR SUCH ACTION, SEE 17 COMP. GEN. 147. ALL THREE POSITIONS OCCUPIED BY DR. HUBER, VIZ, (1) ASSISTANT PROFESSORSHIP, SALARY CLASS 11, PRIOR TO FEBRUARY 3, 1941, (2) THE TEMPORARY POSITION OF ACTING PRESIDENT OF WILSON TEACHERS COLLEGE ALLOCATED BY LAW (APPROPRIATION ACT APPROVED JULY 3, 1930) IN SALARY CLASS DESIGNATED IN THE TEACHERS SALARY ACT AS "FIRST ASSISTANT SUPERINTENDENT" DURING THE PERIOD FEBRUARY 3, 1941, TO JUNE 30, 1941, AND (3) HIS PRESENT POSITION AT WILSON TEACHERS COLLEGE IN SALARY CLASS 12, ARE SUBJECT TO (A) THE PROVISION OF LAW IN THE TEACHERS SALARY ACT FIXING A RANGE OF SALARY RATES THROUGH WHICH THE TEACHERS AND OFFICERS OF THE PUBLIC SCHOOLS MUST, UNDER THE CONDITIONS THEREIN STATED, BE ADVANCED AUTOMATICALLY ONCE A YEAR, AND (B) THE PROVISION THAT DURING THE FIRST YEAR OF SERVICE SUCH TEACHERS AND OFFICERS "SHALL RECEIVE COMPENSATION AT THE BASIC SALARY FIXED HEREIN," WHICH MEANS THE MINIMUM SALARY RATE OF THE SALARY CLASS OCCUPIED.

SECTION 8 OF ARTICLE V OF THE ACT PRESCRIBED A RULE FOR FIXING THE INITIAL SALARY RATE OF TEACHERS AND OFFICERS UPON PROMOTION FROM A LOWER TO A HIGHER SALARY CLASS UNDER WHICH THE TEACHER OR OFFICER LOSES NO SALARY; THAT IS, THE INITIAL SALARY IN THE HIGHER GRADE IS THE NEXT ABOVE THE SALARY RATE IN THE LOWER GRADE FROM WHICH PROMOTED, BUT NEITHER THAT SECTION NOR ANY OTHER PART OF THE STATUTE PRESCRIBES ANY RULE FOR FIXING THE INITIAL SALARY RATE OF A TEACHER OR OFFICER UPON DEMOTION FROM A HIGHER TO A LOWER SALARY CLASS. HOWEVER, SECTION 8, ARTICLE V, OF THE ACT SEEMS TO SUGGEST THAT THE CONGRESS DID NOT INTEND ANY GREATER LOSS OF SALARY THAN NECESSARY INCIDENT TO THE PERMANENT ADJUSTMENT BY TRANSFER, DEMOTION, ETC., OF TEACHERS AND OFFICERS REMAINING CONTINUOUSLY IN THE SERVICE; THAT IS TO SAY, SO FAR AS POSSIBLE THE TEACHERS AND OFFICERS WOULD RETAIN THE SALARY ACQUIRED THROUGH THE REQUISITE NUMBER OF YEARS' SERVICE BY OPERATION OF THE SALARY ADVANCEMENT PLAN PRESCRIBED BY THE STATUTE. SEE 7 COMP. GEN. 295; 15 ID. 526, 527, RELATING TO POSTAL EMPLOYEES IN AUTOMATIC SALARY GRADES. COMPARE 14 COMP. GEN. 357 RELATING TO REINSTATEMENT OF TEACHERS.

HENCE, WHERE IT IS NECESSARY, DUE TO EXIGENCIES OF THE SERVICE, TO DEMOTE A TEACHER OR OFFICER FROM A HIGHER TO A LOWER SALARY CLASS IN BOTH OF WHICH THE OFFICER OR TEACHER OCCUPIED A PERMANENT POSITION, THERE WOULD APPEAR TO BE SOME BASIS FOR THE VIEW THAT THE STATUTE DOES NOT REQUIRE THAT THE TEACHER OR OFFICER MUST BE REDUCED TO THE MINIMUM SALARY RATE OF THE LOWER SALARY CLASS THROUGH WHICH ADVANCEMENT PREVIOUSLY MAY HAVE BEEN MADE ON THE BASIS OF LONGEVITY AND SATISFACTORY SERVICE. BUT THAT IS NOT THE SITUATION HERE; AND I FIND NO LEGAL BASIS FOR THE VIEW THAT THE STATUTE MAY BE CONSTRUED AS SAVING ANY SALARY OR GRANTING ANY ADVANTAGE FOR SALARY PURPOSES UPON THE RETURN TO A PERMANENT POSITION IN A LOWER SALARY CLASS ON THE BASIS OF A SALARY RATE RECEIVED IN A HIGHER SALARY CLASS TO WHICH A TEACHER OR OFFICER HAD BEEN APPOINTED OR PROMOTED FOR A TEMPORARY PERIOD TO FILL A VACANCY PENDING THE FILLING THEREOF BY PERMANENT APPOINTMENT. IF THE STATUTE COULD BE SO CONSTRUED THAT WOULD ENABLE THE BOARD OF EDUCATION, BY ADMINISTRATIVE ACTION, TO DEFEAT THE PURPOSE AND INTENT OF THE STATUTE (WHICH IS TO GRANT AUTOMATIC INCREASES IN COMPENSATION ONLY UPON THE BASIS OF LONGEVITY AND SATISFACTORY SERVICE) THROUGH MEANS OF TEMPORARY APPOINTMENTS TO POSITIONS IN HIGHER SALARY CLASSES AND THE RETURN OF SUCH TEACHERS AND OFFICERS TO THEIR PERMANENT POSITIONS IN LOWER SALARY CLASSES AT SALARY RATES ABOVE THAT TO WHICH THEY COULD HAVE ADVANCED UNDER THE REGULAR ADVANCEMENT PLAN. SEE THE DECISION OF OCTOBER 28, 1941, B-21205, 21 COMP. GEN. 386, INVOLVING THE RETRANSFER OF CENSUS EMPLOYEES TO THEIR PERMANENT POSITIONS FROM TEMPORARY POSITIONS HELD DURING THE PEAK OF THE CENSUS. DR. HUBER WAS APPOINTED AS ACTING PRESIDENT OF WILSON TEACHERS COLLEGE FEBRUARY 3, 1941, AND HELD THAT TEMPORARY POSITION UNTIL JUNE 30, 1941, A PERIOD OF APPROXIMATELY FIVE MONTHS, IN WHICH HE RECEIVED $5,000 PER ANNUM, THE MINIMUM OF THE SALARY CLASS IN WHICH THE POSITION HAD BEEN ALLOCATED BY LAW. THAT APPOINTMENT WAS FOR A DEFINITE TEMPORARY PERIOD PENDING THE FILLING OF THE VACANCY BY PERMANENT APPOINTMENT. TO HOLD THAT UPON THE BASIS OF THIS FIVE MONTHS' SERVICE HE ACQUIRED THE RIGHT TO THE MAXIMUM SALARY RATE OF $4,500 PER ANNUM IN SALARY CLASS 12--- A CLASS NEXT ABOVE THAT IN WHICH DR. HUBER PREVIOUSLY HAD SERVED IN A PERMANENT STATUS--- WITH A RANGE OF SIX SALARY RATES FROM $4,000 TO $4,500 PER ANNUM, INCLUSIVE, THROUGH WHICH RANGE IT WOULD HAVE TAKEN HIM FIVE YEARS TO ADVANCE AUTOMATICALLY IN ACCORDANCE WITH THE ADVANCEMENT PLAN PRESCRIBED BY THE STATUTE, WOULD BE UNREASONABLE AND UNFAIR TO OTHER OFFICERS AND TEACHERS IN SALARY CLASS 12 AND WOULD TEND TO DEFEAT THE PURPOSE AND INTENT OF THE STATUTE.

I HAVE TO ADVISE, THEREFORE, THAT DR. HUBER'S INITIAL SALARY RATE IN SALARY CLASS 12 MUST BE BASED, NOT UPON THE SALARY HE RECEIVED IN HIS TEMPORARY APPOINTMENT AS ACTING PRESIDENT OF WILSON TEACHERS COLLEGE, BUT UPON THE BASIS OF THE SALARY RATE HE RECEIVED IN HIS PERMANENT POSITION IN SALARY GRADE 11, WHICH WAS $3,700 PER ANNUM, THE MAXIMUM SALARY RATE OF THAT CLASS. UPON THAT BASIS, HIS INITIAL SALARY IN SALARY CLASS 12 IS $4,000 PER ANNUM, THE MINIMUM SALARY RATE OF THAT CLASS WHICH ALSO IS THE NEXT RATE THEREIN ABOVE $3,700 PER ANNUM, THE RATE RECEIVED IN SALARY CLASS 11 (SECTION 8, ARTICLE V OF THE STATUTE).