B-21985, DECEMBER 8, 1941, 21 COMP. GEN. 541

B-21985: Dec 8, 1941

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THE WORK OF WHICH IS LIMITED BY LAW TO "THE NATIONAL CAPITAL AND ITS ENVIRONS. " AND THE PERSONNEL OF THE COMMISSION ARE TO BE REGARDED AS IN THE DEPARTMENTAL SERVICE. 19 COMP. IT IS WITHIN THE DISCRETION OF SAID COMMISSION TO ADOPT ADMINISTRATIVELY CLASSIFICATION ACT GRADES AND SALARY RATES. IT IS UNNECESSARY FOR THE NATIONAL CAPITAL PARK AND PLANNING COMMISSION TO AWAIT THE COVERING OF THE POSITIONS OF ITS PERSONNEL INTO THE COMPETITIVE CLASSIFIED CIVIL SERVICE BEFORE TAKING ACTION TO BRING SUCH POSITIONS WITHIN THE CLASSIFICATION ACT. SINCE THE POSITIONS OF NATIONAL CAPITAL PARK AND PLANNING COMMISSION EMPLOYEES ARE PARTMENTAL. THEY ARE NOT WITHIN THE PURVIEW OF THE WITHIN-GRADE SALARY-ADVANCEMENT STATUTE OF AUGUST 1.

B-21985, DECEMBER 8, 1941, 21 COMP. GEN. 541

NATIONAL CAPITAL PARK AND PLANNING COMMISSION EMPLOYEES - CLASSIFICATION ACT APPLICABILITY; WITHIN-GRADE PROMOTIONS; ETC. APPROPRIATIONS FOR THE NATIONAL CAPITAL PARK AND PLANNING COMMISSION, THE WORK OF WHICH IS LIMITED BY LAW TO "THE NATIONAL CAPITAL AND ITS ENVIRONS," MAY NOT BE CLASSED AS "FIELD," AND THE PERSONNEL OF THE COMMISSION ARE TO BE REGARDED AS IN THE DEPARTMENTAL SERVICE. 19 COMP. GEN. 631, DISTINGUISHED. WHILE THE NATIONAL CAPITAL PARK AND PLANNING COMMISSION HAS STATUTORY AUTHORITY TO FIX THE SALARY RATES OF ITS PERSONNEL WITHOUT REGARD TO THE CLASSIFICATION ACT, IT IS WITHIN THE DISCRETION OF SAID COMMISSION TO ADOPT ADMINISTRATIVELY CLASSIFICATION ACT GRADES AND SALARY RATES, BUT THE CIVIL SERVICE COMMISSION'S APPROVAL OF THE ALLOCATION OF THE POSITIONS MUST BE OBTAINED IN ORDER TO BRING THE POSITIONS WITHIN SAID ACT. IT IS UNNECESSARY FOR THE NATIONAL CAPITAL PARK AND PLANNING COMMISSION TO AWAIT THE COVERING OF THE POSITIONS OF ITS PERSONNEL INTO THE COMPETITIVE CLASSIFIED CIVIL SERVICE BEFORE TAKING ACTION TO BRING SUCH POSITIONS WITHIN THE CLASSIFICATION ACT. SINCE THE POSITIONS OF NATIONAL CAPITAL PARK AND PLANNING COMMISSION EMPLOYEES ARE PARTMENTAL," AND AS THE ADMINISTRATIVE CLASSIFICATION OF THE POSITIONS FOR BUDGETARY PURPOSES HAS NOT BEEN APPROVED BY THE CIVIL SERVICE COMMISSION, THE EMPLOYEES DO NOT OCCUPY "PERMANENT POSITIONS WITHIN THE SCOPE OF THE COMPENSATION SCHEDULE FIXED" BY THE CLASSIFICATION ACT, AND, THEREFORE, THEY ARE NOT WITHIN THE PURVIEW OF THE WITHIN-GRADE SALARY-ADVANCEMENT STATUTE OF AUGUST 1, 1941. AS THE ACT OF AUGUST 1, 1941, HAS PUT INTO EFFECT AS OF OCTOBER 1, 1941, A UNIFORM WITHIN-GRADE SALARY-ADVANCEMENT PLAN FOR POSITIONS COMPENSATED ACCORDING TO THE CLASSIFICATION ACT, AS AMENDED, THE PROHIBITION AGAINST WITHIN-GRADE SALARY ADVANCEMENTS DURING THE FISCAL YEAR 1942 CONTAINED IN SECTION 302 OF THE ACT OF JULY 3, 1941, HAS CEASED TO OPERATE, REGARDLESS OF WHETHER A PARTICULAR POSITION COMES WITHIN THE PURVIEW OF THE CLASSIFICATION ACT, AS AMENDED BY THE ACT OF AUGUST 1, 1941. IF IT BE ADMINISTRATIVELY DETERMINED TO BRING WITHIN THE PURVIEW OF THE CLASSIFICATION ACT POSITIONS NOT NOW WITHIN THE PURVIEW OF SAID ACT, WITHIN-GRADE SALARY ADVANCEMENTS UNDER THE ACT OF AUGUST 1, 1941, IN SUCH POSITIONS MAY NOT BE MADE UNLESS AND UNTIL THE CIVIL SERVICE COMMISSION HAS APPROVED THE ALLOCATION OF THE POSITIONS.

COMPTROLLER GENERAL WARREN TO THE CHAIRMAN, NATIONAL CAPITAL PARK AND PLANNING COMMISSION, DECEMBER 8, 1941:

I HAVE THE COMMISSION'S LETTER OF NOVEMBER 12, 1941, RECEIVED HERE NOVEMBER 19, AS FOLLOWS:

THE NATIONAL CAPITAL PARK AND PLANNING COMMISSION HAS ON ITS PAY ROLLS EIGHT POSITIONS IN CONNECTION WITH WHOM IT WOULD APPRECIATE GUIDANCE AND A DECISION. THESE EMPLOYEES ARE PAID ON A PER ANNUM BASIS FROM FUNDS PROVIDED UNDER THE BASIC ACT OF CONGRESS APPROVED MAY 29, 1930 (43 STAT. P. 463). THE APPROPRIATION FOR THE FISCAL YEAR 1942 CONTAINS THIS LANGUAGE "PERSONAL SERVICES, INCLUDING REAL ESTATE AND OTHER TECHNICAL SERVICES, AT RATES OF PAY TO BE FIXED BY THE COMMISSION AND NOT EXCEEDING THOSE USUAL FOR SIMILAR SERVICES AND WITHOUT REFERENCE TO THE CLASSIFICATION ACT OF 1923 AS AMENDED.' APPROPRIATIONS PRIOR TO 1942 INCLUDED "WITHOUT REFERENCE TO THE CIVIL SERVICE RULES.' THE EMPLOYEES OCCUPYING THESE POSITIONS ARE PAID SEMIMONTHLY ON AN ANNUAL BASIS, AND THEIR SALARY RATES CONFORM TO THE STANDARD GOVERNMENT SALARY TABLE APPROVED BY YOUR OFFICE.

AS OF THE PRESENT DATE, NONE OF THE EMPLOYEES (EXCEPTING ONE) OCCUPYING THESE POSITIONS HAVE CIVIL SERVICE STATUS AND MAKE NO CONTRIBUTIONS TO THE CIVIL SERVICE RETIREMENT FUND. MOST OF THEM HAVE OCCUPIED THEIR POSITIONS FOR A NUMBER OF YEARS AND ALL PRIOR TO JULY 1, 1941. SOME TIME AGO THE COMMISSION REQUESTED THE CIVIL SERVICE COMMISSION TO TAKE THE NECESSARY STEPS UNDER EXISTING LEGISLATION TO HAVE THESE POSITIONS "BLANKETED" INTO CIVIL SERVICE, BUT IT IS UNDERSTOOD NO SUCH ACTION HAS AS YET BEEN TAKEN BY THE CIVIL SERVICE COMMISSION. RECENTLY, HOWEVER, ONE OF THE POSITIONS IN QUESTION BECAME VACANT AND THE COMMISSION WAS REQUIRED TO SELECT AN APPOINTEE FROM THE REGISTER OF ELIGIBLES FURNISHED BY THE CIVIL SERVICE COMMISSION, AND THIS EMPLOYEE IS THE ONLY ONE MAKING CONTRIBUTIONS TO THE RETIREMENT FUND. THAT POSITION, HOWEVER, HAS NEVER BEEN CLASSIFIED.

FOR BUDGETARY AND ADMINISTRATIVE PURPOSES THESE POSITIONS HAVE BEEN ALLOCATED TO CERTAIN GRADES AND THE SALARIES FALL WITHIN THE SCOPE OF THE GRADES SO FIXED. THE GRADES SO FIXED HAVE NEVER BEEN APPROVED BY THE CIVIL SERVICE COMMISSION, NOR HAVE THE POSITIONS EVER BEEN FORMALLY CLASSIFIED FOR ANY OTHER THAN ADMINISTRATIVE AND BUDGETARY PURPOSES.

THE FOLLOWING QUESTIONS HAVE ARISEN IN CONNECTION WITH THESE POSITIONS AND EMPLOYEES:

1. IS THIS COMMISSION CORRECT IN DESIGNATING THESE POSITIONS AS "FIELD" INSTEAD OF ,DEPARTMENTAL," AND SHOULD THEY CONTINUE TO BE SO DESIGNATED IRRESPECTIVE OF WHETHER THE POSITIONS ARE EVER CLASSIFIED BY THE CIVIL SERVICE COMMISSION OR CLASSIFIED MERELY BY ADMINISTRATIVE CTION?

FOR THE PURPOSE OF DETERMINING THIS QUESTION, THE FOLLOWING PROVISIONS OF LAW ARE CALLED TO YOUR ATTENTION IN CONNECTION WITH THE SCOPE OF THE COMMISSION'S ACTIVITIES:

THE ACT OF CONGRESS APPROVED JUNE 6, 1924, AND ITS AMENDMENT OF APRIL 30, 1926, CREATING THIS COMMISSION PROVIDES THAT THE COMMISSION IS CHARGED WITH THE DUTY OF PREPARING AND DEVELOPING A COMPREHENSIVE PLAN FOR THE NATIONAL CAPITAL AND ITS ENVIRONS. THE COMMISSION HAS DETERMINED THAT THE AREA INCLUDED WITHIN THE "ENVIRONS" OF THE NATIONAL CAPITAL IS ALL THE AREA WITHIN THE DISTRICT OF COLUMBIA, MARYLAND, AND VIRGINIA WITHIN A RADIUS OF TWENTY-FIVE MILES OF THE WHITE HOUSE, AS TO PLANNING FUNCTIONS. THE ACT OF CONGRESS APPROVED MAY 29, 1930, PUBLIC NO. 284 OF THE 71ST CONGRESS PROVIDED FOR THE ACQUISITION OF LANDS BY THIS COMMISSION IN THE DISTRICT OF COLUMBIA AND WITHIN THE STATES OF MARYLAND AND VIRGINIA. THE LIMITS OF THE PROJECTS FOR WHICH THIS COMMISSION ACQUIRES LANDS WITHIN THE STATES OF MARYLAND AND VIRGINIA ARE DEFINED IN THE SAID ACT OF MAY 29, 1930. ALL OF THE POSITIONS IN QUESTION ARE PAID FROM APPROPRIATIONS PROVIDED UNDER THE BASIC ACT OF MAY 29, 1930, WHICH IS OUR SO-CALLED " LAND PURCHASE STAFF.' THE PLANNING FUNCTIONS OF THE COMMISSION WITH RESPECT TO THE ENVIRONS OF WASHINGTON ARE ADVISORY ONLY EXCEPTING CERTAIN DUTIES AND POWERS CONFERRED UPON THE COMMISSION IN CONNECTION WITH THE ACQUISITION OF LANDS IN THE STATES OF MARYLAND AND VIRGINIA AS PROVIDED IN THE ACT OF MAY 29, 1930. THE HEADQUARTERS OF THIS COMMISSION ARE IN THE NEW INTERIOR BUILDING AT 18TH AND C STREETS NW., AND ALL OF THE EMPLOYEES ARE UNDER THE DIRECT SUPERVISION AND CONTROL OF THE EXECUTIVE OFFICER OF THE COMMISSION WHO IS EX OFFICIO, THE DIRECTOR OF THE NATIONAL PARK SERVICE OF THE INTERIOR DEPARTMENT.

2. IS THE COMMISSION CORRECT IN FIXING THE SALARIES OF THESE POSITIONS BASED ON THE STANDARD GOVERNMENT PAY SCHEDULE IRRESPECTIVE OF WHETHER THE POSITIONS ARE CLASSIFIED OR NOT?

3. SHOULD THE COMMISSION AT THIS TIME TAKE STEPS TO HAVE ALL THE POSITIONS CLASSIFIED THROUGH THE CIVIL SERVICE COMMISSION, OR SHOULD IT WAIT UNTIL ACTION IS TAKEN BLANKETING THEM INTO CIVIL SERVICE BY EXECUTIVE ORDER?

4. IF YOUR OFFICE WOULD HOLD THAT THESE POSITIONS ARE "FIELD" AND NOT "DEPARTMENTAL," IS THE COMMISSION CORRECT IN ITS UNDERSTANDING THAT THESE POSITIONS CAN BE CLASSIFIED BY ADMINISTRATIVE ACTION ONLY, AND THAT SUCH ACTION BY THAT METHOD WILL BE SUFFICIENT?

5. WHETHER THE EMPLOYEES HOLDING THE POSITIONS IN QUESTION ARE ELIGIBLE AT THE PRESENT TIME AS OF OCTOBER 1, 1941, TO RECEIVE THE BENEFITS OF THE AUTOMATIC PROMOTION AUTHORIZED UNDER THE ACT OF CONGRESS APPROVED AUGUST 1, 1941, PUBLIC LAW NO. 200 OF THE 77TH CONGRESS, OR WHETHER THE COMMISSION WILL HAVE TO TAKE STEPS FIRST TO HAVE THEM CLASSIFIED THROUGH THE CIVIL SERVICE COMMISSION IN THE EVENT THEY ARE HELD TO BE "DEPARTMENTAL," OR WHETHER THE CLASSIFICATION FIXED BY ADMINISTRATIVE ACTION AS OF OCTOBER 1, 1941, IS SUFFICIENT FOR THE PURPOSE OF GRANTING AUTOMATIC PROMOTIONS UNDER SAID PUBLIC LAW NO. 200 AS OF THAT DATE.

ATTENTION IS CALLED TO THE FACT THAT THESE EMPLOYEES ARE ALL PAID ON A PER ANNUM BASIS BASED ON THE APPROVED STANDARD GOVERNMENT SALARY TABLE APPROVED BY YOUR OFFICE, ALTHOUGH THEY HAVE NEVER BEEN CLASSIFIED BY THE CIVIL SERVICE COMMISSION.

6. WHETHER SECTION 302 OF PUBLIC ACT NO. 150 OF THE 77TH CONGRESS APPLIES TO THE POSITIONS IN QUESTION, OR WHETHER PUBLIC LAW NO. 200 OF THE 77TH CONGRESS HAS SUPERSEDED THIS LAW.

7. IN THE EVENT YOUR OFFICE SHOULD HOLD THAT THESE POSITIONS ARE "DEPARTMENTAL" INSTEAD OF ,FIELD," WILL IT BE NECESSARY TO WITHHOLD THE GRANTING OF AUTOMATIC PROMOTIONS UNTIL THE CLASSIFICATIONS HAVE BEEN FINALLY APPROVED BY THE CIVIL SERVICE COMMISSION, OR WHETHER THEY CAN BE MADE RETROACTIVE AS OF OCTOBER 1, 1941, ON THE BASIS OF THE CIVIL SERVICE CLASSIFICATION DETERMINATION.

THE COMMISSION ALSO HAS ON ITS ROLLS A DIRECTOR OF PLANNING, WHOSE SALARY IS PAID FROM FUNDS PROVIDED IN THE ANNUAL DISTRICT OF COLUMBIA APPROPRIATION ACT. THE INCUMBENT IS PAID ON A PER DIEM BASIS WHILE ACTUALLY EMPLOYED AND HAS HELD THAT POSITION FOR MANY YEARS AND HIS EMPLOYMENT HAS BEEN CONTINUOUS AND UNINTERRUPTED. HE MAKES SEMIMONTHLY CONTRIBUTIONS TO THE CIVIL SERVICE RETIREMENT FUND. THIS POSITION HAS NEVER BEEN CLASSIFIED BY THE CIVIL SERVICE COMMISSION, BUT IS AUTHORIZED IN THE COMMISSION'S BASIC LEGISLATION OF APRIL 28, 1926, WHICH READS:

"THE SAID COMMISSION IS HEREBY AUTHORIZED TO EMPLOY THE NECESSARY PERSONAL SERVICES, INCLUDING THE PERSONAL SERVICES OF A DIRECTOR OF PLANNING AND OTHER EXPERT CITY PLANNERS, SUCH AS ENGINEERS, ARCHITECTS, AND LANDSCAPE ARCHITECTS. SUCH TECHNICAL EXPERTS MAY BE EMPLOYED AT RATES NOT IN EXCESS OF THOSE PAID FOR SIMILAR SERVICES AND AS MAY BE FIXED BY THE SAID COMMISSION WITHOUT REGARD TO THE PROVISIONS OF THE ACT OF CONGRESS ENTITLED: "AN ACT FOR THE CLASSIFICATION OF CIVILIAN POSITIONS WITHIN THE DISTRICT OF COLUMBIA AND IN THE FIELD SERVICES," APPROVED MARCH 4, 1923, AND AMENDMENTS THERETO, OR ANY RULE OR REGULATION MADE IN PURSUANCE THEREOF.'

THE QUESTION HAS ARISEN WHETHER THIS EMPLOYEE IS ELIGIBLE FOR AUTOMATIC SALARY ADVANCEMENT UNDER THE PROVISIONS OF THE ACT OF CONGRESS APPROVED AUGUST 1, 1941, PROVIDING FOR AUTOMATIC PROMOTIONS, ALTHOUGH IT IS NOT A CLASSIFIED POSITION AND THE SALARY IS NOT A PER ANNUM RATE FALLING WITHIN THE SCOPE OF THE STANDARD GOVERNMENT SALARY TABLE.

AT A MEETING OF THE COMMISSION HELD ON OCTOBER 16 AND 17, 1941, THE MATTER OF INCREASING SALARIES OF EMPLOYEES OF THE COMMISSION UNDER PUBLIC LAW NO. 200, APPROVED AUGUST 1, 1941, WAS CONSIDERED AND THE FOLLOWING ACTION TAKEN:

"MOTION UNANIMOUSLY CARRIED APPROVING THE EFFICIENCY RATINGS FOR THE MEMBERS OF THE STAFF, AS SUBMITTED BY THE SECRETARY AND ACTING EXECUTIVE OFFICER.

"MOTION UNANIMOUSLY CARRIED AUTHORIZING THE EXECUTIVE OFFICER TO GRANT AN INCREASE IN SALARY TO ALL CLASSIFIED EMPLOYEES OF THE COMMISSION FALLING WITHIN THE REQUIREMENTS OF THE RAMSPECK ACT, BEING PUBLIC NO. 200 OF THE 77TH CONGRESS, APPROVED AUGUST 1, 1941, BASED ON THE EFFICIENCY RATINGS OF THE EMPLOYEES, THESE INCREASES TO BE EFFECTIVE OCTOBER 1, 1941, AND THAT THE COMMISSION AUTHORIZES THE EXECUTIVE OFFICER TO INCREASE THE SALARIES OF THE FOLLOWING NAMED EMPLOYEES, EFFECTIVE OCTOBER 1, 1941: "

NAME POSITION INCREASE FROM INCREASE TO BROWN, NORMAN C --- ASSOC. LAND PUR.

OFFICER ------------ $6,000.00 $6,200.00 PICK, LEWIS A ----- JR. ENGR. DRAFTSMAN 1,800.00 1,860.00 HAMMERSLA, HELEN C CLERK ---------------- 1,740.00

1,800.00 MARTIN, CHARLES G - TOPO. DRAFTSMAN ----- 1,860.00 1,920.00 NOLEN, JOHN, JR -- DIRECTOR OF PLANNING (1) 20.00 (1) 20.70 (1) PER DIEM.

THE EMPLOYEES WHOSE NAMES APPEAR IN THE ABOVE ACTION ARE THOSE WHO BECAME ELIGIBLE FOR AUTOMATIC PROMOTIONS ON OCTOBER 1, 1941, BASED ON THE TIME ELEMENT SET FORTH IN PUBLIC LAW NO. 200.

THE INDEPENDENT OFFICES APPROPRIATION ACT, 1942, APPROVED APRIL 5, 1941, PUBLIC LAW 28, 55 STAT. 115, PROVIDES UNDER THE HEADING," NATIONAL CAPITAL PARK AND PLANNING COMMISSION," AS FOLLOWS:

FOR EACH AND EVERY PURPOSE REQUISITE FOR AND INCIDENT TO THE WORK OF THE NATIONAL CAPITAL PARK AND PLANNING COMMISSION NECESSARY TOWARD CARRYING INTO EFFECT THE PROVISIONS OF THE ACT ENTITLED " AN ACT FOR THE ACQUISITION, ESTABLISHMENT, AND DEVELOPMENT OF THE GEORGE WASHINGTON MEMORIAL PARKWAY ALONG THE POTOMAC FROM MOUNT VERNON AND FORT WASHINGTON TO THE GREAT FALLS, AND TO PROVIDE FOR THE ACQUISITION OF LANDS IN THE DISTRICT OF COLUMBIA AND THE STATES OF MARYLAND AND VIRGINIA REQUISITE TO THE COMPREHENSIVE PARK, PARKWAY, AND PLAYGROUND SYSTEM OF THE NATIONAL CAPITAL," APPROVED MAY 29, 1930; PERSONAL SERVICES, INCLUDING REAL ESTATE AND OTHER TECHNICAL SERVICES, AT RATES OF PAY TO BE FIXED BY THE COMMISSION AND NOT EXCEEDING THOSE USUAL FOR SIMILAR SERVICES AND WITHOUT REFERENCE TO THE CLASSIFICATION ACT OF 1923, AS AMENDED; TRAVEL EXPENSES; EXPENSES OF SURVEYS AND SEARCHING OF TITLES, PURCHASE OF OPTIONS, AND ALL OTHER COSTS INCIDENT TO THE ACQUISITION OF LAND, OPERATION, AND MAINTENANCE OF PASSENGER-CARRYING VEHICLES FOR OFFICIAL USE, $1,300,000, TO REMAIN AVAILABLE UNTIL EXPENDED, $250,000 OF SAID SUM TO BE AVAILABLE FOR CARRYING OUT THE PROVISIONS OF SECTION 1 (A) OF SAID ACT; $200,000 TO BE AVAILABLE FOR CARRYING OUT THE PROVISIONS OF SECTION 1 (B) OF SAID ACT, AND $850,000 TO BE AVAILABLE FOR CARRYING OUT THE PROVISIONS OF SECTION 4 OF SAID ACT.

THE 1942 BUDGET, PAGES 85 AND 86, CONTAINING THE ESTIMATES ON WHICH THE ABOVE APPROPRIATION ITEM WAS BASED, ITEMIZES PERSONAL SERVICES UNDER THE CAPTION," PERSONAL SERVICES, FIELD," WHICH ITEMIZATION SETS FORTH 10 POSITIONS IN THE VARIOUS GRADES PRESCRIBED BY THE CLASSIFICATION ACT, BUT AT THE END OF THE TABULATION OF THE 10 POSITIONS APPEAR THE WORDS,"TOTAL PERMANENT, DEPARTMENTAL.'

IN THE DISTRICT OF COLUMBIA APPROPRIATION ACT, 1942, PUBLIC LAW 148, APPROVED JULY 1, 1941, 55 STAT. 527, APPEARS THE FOLLOWING ITEM UNDER THE HEADING," NATIONAL CAPITAL PARK AND PLANNING COMMISSION: "

FOR REIMBURSEMENT TO THE UNITED STATES IN COMPLIANCE WITH SECTION 4 OF THE ACT APPROVED MAY 29, 1930 (46 STAT. 482), AS AMENDED, $300,000.

FOR EACH AND EVERY PURPOSE, EXCEPT THE ACQUISITION OF LAND, REQUISITE FOR AND INCIDENT TO THE WORK OF THE NATIONAL CAPITAL PARK AND PLANNING COMMISSION AS AUTHORIZED BY THE ACT ENTITLED "AN ACT PROVIDING FOR A COMPREHENSIVE DEVELOPMENT OF THE PARK AND PLAYGROUND SYSTEM OF THE NATIONAL CAPITAL," APPROVED JUNE 6, 1924 (40 U.S.C. 71), AS AMENDED, INCLUDING PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA, MAINTENANCE, OPERATION, AND REPAIR OF MOTOR-PROPELLED PASSENGER CARRYING VEHICLES, NOT TO EXCEED $1,000 FOR PRINTING AND BINDING, NOT TO EXCEED $500 FOR TRAVELING EXPENSES AND CARFARE OF EMPLOYEES OF THE COMMISSION, AND NOT TO EXCEED $300 FOR PROFESSIONAL, SCIENTIFIC, TECHNICAL, AND REFERENCE BOOKS, AND PERIODICALS, $41,230.

THE 1942 BUDGET, PAGE 992, CONTAINING THE ESTIMATES ON WHICH THE ABOVE APPROPRIATION ITEM WAS BASED, TABULATES THE PERSONAL SERVICES UNDER THE HEADING," PERSONAL SERVICES, DEPARTMENTAL," UNDER WHICH CAPTION ARE LISTED 11 POSITIONS IN THE VARIOUS GRADES PRESCRIBED BY THE CLASSIFICATION ACT, AND, ALSO,"SALARIES OF TECHNICAL EXPERTS (PER DIEM).' AS AN AID TO ANSWERING THE SEVERAL QUESTIONS PRESENTED THERE HAVE BEEN EXAMINED SOME OF THE PAY ROLLS OF THE COMMISSION FOR THE FISCAL YEAR 1941, WHICH EXAMINATION DISCLOSES THAT CERTAIN POSITIONS UNDER THE NATIONAL CAPITAL PARK AND PLANNING COMMISSION ARE DESIGNATED BY CLASSIFICATION GRADES AND SALARIES, WHEREAS OTHERS HAVE NOT BEEN SO DESIGNATED--- APPARENTLY INCLUDING THE POSITIONS MENTIONED IN YOUR LETTER. IN DECISION OF JANUARY 9, 1940, 18 COMP. GEN. 631, 632, IT WAS STATED:

IN A DECISION DATED APRIL 9, 1915 (21 COMP. DEC. 709), THE THEN COMPTROLLER OF THE TREASURY MADE THE FOLLOWING STATEMENT AS TO THE DISTINCTION BETWEEN THE "FIELD" AND "DEPARTMENTAL" SERVICES OF THE FEDERAL GOVERNMENT:

"THE EXECUTIVE DEPARTMENTS OF THE GOVERNMENT EXECUTE THE LAWS WHICH CONGRESS ENACTS THROUGH THE INSTRUMENTALITIES SOMETIMES DESIGNATED "DEPARTMENTAL" AND "FIELD" ESTABLISHMENTS. WHAT IS KNOWN AS THE "FIELD FORCE" IS ENGAGED, DIRECTLY OR INDIRECTLY, IN LOCALLY EXECUTING THE LAWS, WHILE THE "DEPARTMENTAL FORCE" IS ENGAGED IN GENERAL SUPERVISORY AND ADMINISTRATIVE DIRECTION AND CONTROL OF THE VARIOUS FIELD FORCES.

"VARIOUS GENERAL LAWS SUCH AS THE POSTAL LAWS, REVENUE LAWS, ETC., MUST BE EXECUTED IN THE DISTRICT OF COLUMBIA AS WELL AS ELSEWHERE, AND NATURALIZATION LAWS ARE OF THIS CHARACTER. A FORCE ENGAGED EXCLUSIVELY IN THE LOCAL EXECUTION OF SUCH LAWS IN THE DISTRICT OF COLUMBIA IS A FIELD FORCE, AS MUCH SO A LIKE FORCE IN ANY OTHER SECTION OF THE COUNTRY. IT IS IN THIS SENSE ONLY THAT THE TERM "FIELD FORCE" MAY PROPERLY BE APPLIED TO THE DISTRICT.'

THESE VIEWS, WHICH WERE REITERATED AND ADOPTED BY FORMER COMPTROLLER GENERAL MCCARL IN DECISION OF OCTOBER 19, 1925 (5 COMP. GEN. 272), ARE DEEMED TO REPRESENT A SUBSTANTIALLY CORRECT ANALYSIS OF THE DIFFERENCE BETWEEN THE "FIELD SERVICE" AND THE "DEPARTMENTAL SERVICE.'

IT IS UNDERSTOOD FROM YOUR LETTER THAT WHILE THE NATIONAL CAPITAL PARKS IS A UNIT OF THE NATIONAL PARK SERVICE, IT DOES NOT PERFORM ANY OF THE SUPERVISORY OR ADMINISTRATIVE WORK OF SAID SERVICE BUT RATHER IS ENGAGED EXCLUSIVELY IN ACTIVITIES PERTAINING TO THE DEVELOPMENT, MAINTENANCE, AND SUPERVISION OF THE PUBLIC PARKS OF THE NATIONAL CAPITAL. IN OTHER WORDS, IT IS UNDERSTOOD THAT THE ACTIVITIES OF THIS UNIT OF THE NATIONAL PARK SERVICE ARE CONFINED TO THE LOCAL EXECUTION OF LAWS PERTAINING TO PARKS IN THE DISTRICT OF COLUMBIA, AND THAT ITS DUTIES FOR THE MOST PART ARE SUCH AS NORMALLY ARE TO BE PERFORMED IN SAID DISTRICT BECAUSE THE PARKS WITH WHICH IT IS CONCERNED ARE LOCATED THERE. IF THE FACTS BE AS THUS UNDERSTOOD, THE CONCLUSION OF YOUR DEPARTMENT THAT THE NATIONAL CAPITAL PARKS IS A "FIELD SERVICE" APPEARS TO BE CORRECT.

THE DUTIES AND RESPONSIBILITIES OF THE NATIONAL CAPITAL PARK AND PLANNING COMMISSION, DESCRIBED IN YOUR LETTER, ARE AS SET FORTH IN SECTIONS 71 TO 74, TITLE 40, U.S. CODE--- SECTION 71 (B) PROVIDING AS FOLLOWS:

(B) DUTIES: EMPLOYMENT OF PERSONAL SERVICES AND EXPERTS.--- THE SAID COMMISSION IS HEREBY CHARGED WITH THE DUTY OF PREPARING, DEVELOPING, AND MAINTAINING A COMPREHENSIVE, CONSISTENT AND COORDINATED PLAN FOR THE NATIONAL CAPITAL AND ITS ENVIRONS, WHICH PLAN SHALL INCLUDE RECOMMENDATIONS TO THE PROPER EXECUTIVE AUTHORITIES AS TO TRAFFIC AND TRANSPORTATION; PLATS AND SUBDIVISIONS; HIGHWAYS, PARKS, AND PARKWAYS; SCHOOL AND LIBRARY SITES; PLAYGROUNDS; DRAINAGE, SEWERAGE, AND WATER SUPPLY; HOUSING, BUILDING, AND ZONING REGULATIONS; PUBLIC AND PRIVATE BUILDINGS; BRIDGES AND WATER FRONTS; COMMERCE AND INDUSTRY; AND OTHER PROPER ELEMENTS OF CITY AND REGIONAL PLANNING. IT IS THE PURPOSE OF THIS SECTION TO OBTAIN THE MAXIMUM AMOUNT OF COOPERATION AND CORRELATION OF EFFORT BETWEEN THE DEPARTMENTS, BUREAUS, AND COMMISSIONS OF THE FEDERAL AND DISTRICT GOVERNMENTS. TO THIS END PLANS AND RECORDS, OR COPIES THEREOF, SHALL BE MADE AVAILABLE TO THE NATIONAL CAPITAL PARK AND PLANNING COMMISSION, WHEN REQUESTED. THE COMMISSION MAY, AS TO THE ENVIRONS OF THE DISTRICT OF COLUMBIA, ACT IN CONJUNCTION AND COOPERATION WITH SUCH REPRESENTATIVES OF THE STATES OF MARYLAND AND VIRGINIA AS MAY BE DESIGNATED BY SUCH STATES FOR THIS PURPOSE. THE SAID COMMISSION IS HEREBY AUTHORIZED TO EMPLOY THE NECESSARY PERSONAL SERVICES, INCLUDING THE PERSONAL SERVICES OF A DIRECTOR OF PLANNING AND OTHER EXPERT CITY PLANNERS, SUCH AS ENGINEERS, ARCHITECTS, AND LANDSCAPE ARCHITECT. SUCH TECHNICAL EXPERTS MAY BE EMPLOYED AT PER DIEM RATES NOT IN EXCESS OF THOSE PAID FOR SIMILAR SERVICES ELSEWHERE AND AS MAY BE FIXED BY THE SAID COMMISSION WITHOUT REGARD TO THE PROVISIONS OF SECTIONS 661 TO 674 OF TITLE 5, OR ANY RULE OR REGULATION MADE IN PURSUANCE THEREOF.

AS THE WORK OF THE COMMISSION IS LIMITED BY LAW TO THE SEAT OF GOVERNMENT AND ITS ENVIRONS, THE COMMISSION MAY NOT BE SAID TO HAVE A SEPARATE DEPARTMENTAL AND FIELD SERVICE AS THOSE TERMS HAVE BEEN GENERALLY UNDERSTOOD AND APPLIED. THAT IS TO SAY, ALL OF THE PERSONNEL OF THE COMMISSION APPEAR TO BE ENGAGED UPON WORK IN CONNECTION WITH THE DISTRICT OF COLUMBIA AND ITS ENVIRONS. THE SITUATION HERE DISCLOSED IS CLEARLY DISTINGUISHABLE FROM THAT CONSIDERED IN THE QUOTED DECISION INVOLVING THE NATIONAL PARK SERVICE WHICH ADMINISTERS NATIONAL PARKS ALL OVER THE COUNTRY INCLUDING THOSE SITUATED IN WASHINGTON. CONSEQUENTLY, THE PERSONNEL OF THE NATIONAL PARK SERVICE ENGAGED EXCLUSIVELY IN EXECUTING LOCALLY THE LAWS PERTAINING TO THE PARKS PROPERLY MAY BE REGARDED AS A FIELD FORCE, WHEREAS THE NATIONAL CAPITAL PARK AND PLANNING COMMISSION APPEARS TO BE BUT ONE UNIT, WITH HEADQUARTERS IN THE DISTRICT OF COLUMBIA, AND THE DUTIES OF ALL OF THE PERSONNEL APPEAR TO BE LIMITED TO WASHINGTON AND ITS ENVIRONS. ALL OF THE ACTIVITIES OF THE COMMISSION ARE EXERCISED EXCLUSIVELY FOR THE BENEFIT OF THE SEAT OF GOVERNMENT WHERE THE DEPARTMENTAL SERVICE IS LOCATED. ACCORDINGLY, I AM CONSTRAINED TO HOLD THAT THE APPROPRIATIONS FOR THE NATIONAL CAPITAL PARK AND PLANNING COMMISSION MAY NOT PROPERLY BE CLASSED AS "FIELD," AND THAT THE PERSONNEL OF THE COMMISSION ARE TO BE REGARDED AS IN THE DEPARTMENTAL SERVICE. ACCORDINGLY, QUESTION 1 IS ANSWERED IN THE NEGATIVE.

REFERRING TO QUESTIONS 2 AND 3, THE APPROPRIATION FIRST-ABOVE QUOTED AND THE BASIC STATUTE SPECIFICALLY AUTHORIZE THE COMMISSION TO FIX SALARY RATES WITHOUT REGARD TO THE CLASSIFICATION ACT. HOWEVER, IT IS WITHIN THE DISCRETION OF THE COMMISSION TO ADOPT ADMINISTRATIVELY THE GRADES AND SALARY RATES PRESCRIBED BY THE CLASSIFICATION ACT FOR THE PERSONNEL OF THE COMMISSION, BUT TO BRING THE POSITIONS WITHIN SAID ACT THE ALLOCATION OF THE POSITIONS WILL BE SUBJECT TO APPROVAL BY THE CIVIL SERVICE COMMISSION. IT IS UNNECESSARY TO WAIT UNTIL THE POSITIONS SHALL HAVE BEEN COVERED INTO THE COMPETITIVE CLASSIFIED CIVIL SERVICE. IT HAS BEEN HELD IN A NUMBER OF DECISIONS THAT THE CLASSIFICATION ACT AND THE CIVIL SERVICE LAWS AND REGULATIONS ARE SEPARATE AND DISTINCT, HAVING DIFFERENT SCOPES AND PURPOSES. SEE 17 COMP. GEN. 578; 18 ID. 223; ID. 796.

IN VIEW OF THE ANSWER TO QUESTION 1 IT IS UNNECESSARY TO ANSWER QUESTION 4.

REFERRING TO QUESTION 5, AS THE POSITIONS INVOLVED ARE MORE PROPERLY CLASSED AS DEPARTMENTAL (SEE ANSWER TO QUESTION 1), AND AS THE ADMINISTRATIVE CLASSIFICATION OF THE POSITIONS FOR BUDGETARY PURPOSES HAS NOT BEEN APPROVED BY THE CIVIL SERVICE COMMISSION, THE PERSONNEL DO NOT COME WITHIN THE PURVIEW OF THE ACT OF AUGUST 1, 1941, PUBLIC LAW 200, 55 STAT. 613, AMENDING THE CLASSIFICATION ACT, AND THE EMPLOYEES ARE NOT ENTITLED TO A WITHIN-GRADE SALARY ADVANCEMENT AS OF OCTOBER 1, 1941. THE FACT THAT THE EMPLOYEES ARE PAID ON A PER ANNUM BASIS IS NOT THE SOLE CONTROLLING OR QUALIFYING FACTOR FOR BRINGING THEM WITHIN THE TERMS OF THE SAID ACT. IN ADDITION THEY MUST OCCUPY "PERMANENT POSITIONS WITHIN THE SCOPE OF THE COMPENSATION SCHEDULES FIXED BY" THE CLASSIFICATION ACT, AND IT IS WITH RESPECT TO THIS LATTER REQUIREMENT THAT THE EMPLOYEES HAVE FAILED TO QUALIFY.

SECTION 302 OF THE " SECOND DEFICIENCY APPROPRIATION ACT, 1941," APPROVED JULY 3, 1941, PUBLIC LAW 150, 55 STAT. 575, PROVIDES:

NO APPROPRIATION OR PART OF ANY APPROPRIATION AVAILABLE FOR OBLIGATION DURING THE FISCAL YEAR 1942, INCLUDING FUNDS OF GOVERNMENT OWNED OR CONTROLLED CORPORATIONS, SHALL BE USED FOR GRANTING WITHIN GRADE SALARY ADVANCEMENTS TO ANY OFFICER OR EMPLOYEE OF THE GOVERNMENT OF THE UNITED STATES, THE DISTRICT OF COLUMBIA, OR OF ANY SUCH CORPORATION, WHO IS COMPENSATED ON A PER ANNUM BASIS AND WHO OCCUPIES A POSITION THE COMPENSATION OF WHICH IS FIXED (1) ACCORDING TO THE SCHEDULES PRESCRIBED BY THE CLASSIFICATION ACT OF 1923, AS AMENDED, OR (2) BY EXECUTIVE ORDER NUMBERED 6746, OR (3) ADMINISTRATIVELY ACCORDING TO SCHEDULES PATTERNED AFTER SUCH CLASSIFICATION ACT: PROVIDED, THAT THIS SECTION SHALL CEASE TO BE OPERATIVE WHENEVER A UNIFORM, WITHIN-GRADE, SALARY-ADVANCEMENT PLAN FOR POSITIONS COMPENSATED ACCORDING TO SUCH CLASSIFICATION ACT, AS AMENDED, SHALL TAKE EFFECT, PURSUANT TO LAW.

AS THERE NOW HAS BEEN PROVIDED AND PUT INTO EFFECT AS OF OCTOBER 1, 1941, A "UNIFORM WITHIN-GRADE, SALARY-ADVANCEMENT PLAN FOR POSITIONS COMPENSATED ACCORDING TO SUCH CLASSIFICATION ACT, AS AMENDED," THE PROHIBITION AGAINST WITHIN-GRADE SALARY ADVANCEMENTS DURING THE FISCAL YEAR 1942 CONTAINED IN THE ABOVE QUOTED STATUTORY PROVISION HAS CEASED TO OPERATE, REGARDLESS OF WHETHER THE POSITIONS COME WITHIN THE PURVIEW OF THE CLASSIFICATION ACT, AS AMENDED BY THE ACT OF AUGUST 1, 1941, PUBLIC LAW 200. QUESTION 6 IS ANSWERED ACCORDINGLY.

REFERRING TO QUESTION 7, IT IS WITHIN THE DISCRETION OF THE COMMISSION TO ADVANCE THE SALARY OF THE EMPLOYEES IN THE GRADES ADMINISTRATIVELY FIXED FOR THE POSITIONS OF THE EMPLOYEES IN QUESTION AT ANY TIME, PROSPECTIVELY EFFECTIVE, WITHIN THE LIMITS OF AVAILABLE APPROPRIATIONS, BUT IF IT BE ADMINISTRATIVELY DETERMINED TO BRING THE POSITIONS WITHIN THE PURVIEW OF THE CLASSIFICATION ACT, WITHIN-GRADE SALARY ADVANCEMENTS UNDER THE PROVISIONS OF THE ACT OF AUGUST 1, 1941, PUBLIC LAW 200, MAY NOT BE MADE UNLESS AND UNTIL THE CIVIL SERVICE COMMISSION SHALL HAVE APPROVED THE ALLOCATION OF THE POSITIONS.

REFERRING TO THE LAST QUESTION PRESENTED RELATING TO THE DIRECTOR OF PLANNING, WHO IS PAID $20 PER DIEM, YOU ARE ADVISED THAT HE IS NOT ENTITLED TO A SALARY ADVANCEMENT UNDER THE PROVISIONS OF THE ACT OF AUGUST 1, 1941, PUBLIC LAW 200, AMENDING THE CLASSIFICATION ACT, FOR THE REASONS (1) HIS POSITION IS NOT NOW WITHIN THE PURVIEW OF THE CLASSIFICATION ACT AND (2) HIS SALARY IS PAID ON A PER DIEM BASIS, SAID ACT OF AUGUST 1, 1941, BEING LIMITED TO "EMPLOYEES COMPENSATED ON A PER ANNUM BASIS, AND OCCUPYING PERMANENT POSITIONS WITHIN THE SCOPE OF THE COMPENSATION SCHEDULES FIXED BY THIS ACT" (QUOTING FROM SECTION 2 (B) OF SAID STATUTE). HOWEVER, IF IT BE ADMINISTRATIVELY DETERMINED (1) NOT TO CLASSIFY THE POSITION AND (2) THAT THE SALARY RATE OF $20.70 IS A RATE "NOT IN EXCESS OF THOSE PAID FOR SIMILAR SERVICES ELSEWHERE" (QUOTING FROM SECTION 71 (B), TITLE 40, U.S. CODE), IT IS WITH OF THE COMMISSION TO ADVANCE HIS SALARY RATE FROM $20 TO $20.70 PER DIEM, PROSPECTIVELY EFFECTIVE ONLY, WITHIN THE LIMITS OF AVAILABLE APPROPRIATIONS.