A-24410, NOVEMBER, 5, 1928, 8 COMP. GEN. 229

A-24410, NOVEMBER, 5, 1928, 8 COMP. GEN. 229

CLASSIFICATION OF CIVILIAN EMPLOYEES - APPLICATION OF ACT OF MAY 28, 1928 - FIELD SERVICE THERE MAY BE INCLUDED IN THE AMOUNT TO BE SUBMITTED TO THE CONGRESS FOR A DEFICIENCY APPROPRIATION TO COVER THE INCREASES IN SALARY RATES FOR FIELD POSITIONS AUTHORIZED BY THE ACT OF MAY 28, 1928, 45 STAT. 785, ONLY THE DIFFERENCE BETWEEN THE SALARY RATE RECEIVED, OR AUTHORIZED TO BE RECEIVED, WITHIN AVAILABLE APPROPRIATIONS JUNE 30, 1928, AND THE AMOUNT OF AUTOMATIC INCREASES AUTHORIZED UNDER THE ACT OF MAY 28, 1928, FOR A POSITION IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA HAVING THE SAME OR APPROXIMATELY THE SAME SALARY, AS APPEARING IN THE SCHEDULE SET FORTH IN DECISION OF JUNE 2, 1928, 7 COMP. GEN. 760, 763. INCREASES IN COMPENSATION FOR FIELD POSITIONS AUTHORIZED ON THE BASIS OF ADMINISTRATIVE ADJUSTMENTS AFTER JULY 1, 1928, UNDER THE PROVISIONS OF SECTION 3 OF THE ACT OF MAY 28, 1928, 45 STAT. 785, MAY NOT BE MADE RETROACTIVELY EFFECTIVE FROM JULY 1, 1928.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, NOVEMBER 5, 1928:

IN THE AUDIT OF ACCOUNTS OF J. L. SUMMERS, DISBURSING CLERK, DEPARTMENT OF THE TREASURY, IT HAS COME TO THE ATTENTION OF THIS OFFICE THAT, IN ADMINISTERING THE PROVISIONS OF SECTION 3 OF THE WELCH ACT OF MAY 28, 1928, 45 STAT. 785, THE COMPENSATION OF MANY FIELD EMPLOYEES IN THE BUREAU OF PROHIBITION HAS BEEN INCREASED TO AN AMOUNT FAR BEYOND THE AUTOMATIC INCREASES AUTHORIZED FOR POSITIONS IN THE DEPARTMENTAL SERVICES OF THE DISTRICT OF COLUMBIA, THE COMPENSATION RATE OF WHICH WAS THE SAME AS SHOWN IN THE SCHEDULE APPEARING IN DECISION OF THIS OFFICE DATED JUNE 2, 1928, 7 COMP. GEN. 760. IT IS NOTED, ALSO, THAT IN SOME CASES TWO INCREASES WERE GIVEN FOR THE SAME FIELD POSITION, ONE EFFECTIVE JULY 1, 1928, UNDER ADMINISTRATIVE ACTION TAKEN ON OR PRIOR TO THAT DATE, AND THE SECOND AS RETROACTIVELY EFFECTIVE JULY 1, 1928, UNDER ADMINISTRATIVE ACTION SUBSEQUENT THERETO.

WITH REFERENCE TO THESE MATTERS, THE COMMISSIONER OF PROHIBITION, IN A LETTER DATED OCTOBER 8, 1928, STATES AS FOLLOWS:

THE FIELD SERVICE OF THE BUREAU OF PROHIBITION PRIOR TO JULY 1, 1928, WAS WORKING WITHOUT THE BENEFITS AUTHORIZED BY THE PERSONNEL CLASSIFICATION ACT OF 1923 AND THE AMENDATORY ACT OF DECEMBER, 1924. UNDER THE ACT OF DECEMBER, 1924, CLASSIFICATION GRADES WERE ASSIGNED TO THE FIELD PERSONNEL AND TO ALL LATER ADDITIONS THERETO, BUT THIS AUTHORITY WAS MERELY USED TO BLANKET THE SALARY DECIDED UPON TO BE PAID AND SIMPLY FACILITATED THE PREPARATION OF BUDGET ESTIMATES.

$712,000 WAS APPROPRIATED BY CONGRESS IN 1924 IN LIEU OF THE BONUS OF $240 EACH ALLOWED IN THE PRIOR YEAR FOR CERTAIN CLASSES OF EMPLOYEES. THIS, HOWEVER, SERVED AS A PERMANENT BONUS ONLY.

IN SEPTEMBER, 1925, THE ENTIRE FIELD SERVICE OF THE BUREAU OF PROHIBITION WAS RADICALLY CHANGED, THE EXISTING ORGANIZATION THROUGHOUT THE COUNTRY BEING ABOLISHED, AND A NEW DISTRICT ORGANIZATION WITH ALMOST COMPLETE CENTRAL OFFICE AUTHORITY WAS SET UP IN ITS STEAD. NO ATTEMPT WAS MADE TO CLASSIFY THE NEW POSITIONS IN THE REORGANIZED FIELD SERVICE. THIS CONDITION CONTINUED UNTIL APRIL 1, 1927, WHEN FURTHER ADJUSTMENTS IN THE ORGANIZATION WERE REQUIRED TO CARRY OUT THE PROVISIONS OF THE LAW CREATING THE BUREAU AND THE FULL DETAILS OF THE ORGANIZATION OF THE BUREAU WERE NOT COMPLETED UNTIL JULY 1, 1928, WHEN THE STOREKEEPER GAUGERS WERE TRANSFERRED FROM THE INTERNAL REVENUE BUREAU TO THE BUREAU OF PROHIBITION PAY ROLL AND BORDER PATROLMEN WERE TRANSFERRED FROM THE BUREAU OF PROHIBITION TO THE BUREAU OF CUSTOMS PAY ROLL.

AT THE TIME OF THE PASSAGE OF THE AMENDATORY PERSONNEL CLASSIFICATION ACT APPROVED MAY 28, 1928, THE BUREAU OF PROHIBITION HAD BEEN SINCE OCTOBER, 1927, SURVEYING ITS FIELD OFFICES FOR THE PURPOSE OF STANDARDIZING ORGANIZATIONS AND POSITIONS. THIS SURVEY CLEARLY SHOWED THAT THE DUTIES OF FIELD POSITIONS HAD NEVER BEEN CLASSIFIED ON A BASIS COMPARABLE TO SIMILAR DUTIES IN THE DISTRICT OF COLUMBIA, BUT THAT A GRADE HAD BEEN ATTACHED TO EACH OFFICER AND EMPLOYEE TO COVER THE SALARY RECEIVED AT THE TIME OF THE PASSAGE OF THE ACT OF DECEMBER, 1924, OR TO COVER THE SALARY THAT A NEW APPOINTEE WAS WILLING TO ACCEPT AT THE TIME OF EMPLOYMENT.

SINCE THE CLASSIFICATION ACT APPROVED MAY 28, 1928, REQUIRED THAT THE FIELD PERSONNEL BE ALLOCATED TO CLASSIFICATION GRADES COMPARABLE TO THE GRADES ALLOCATED TO POSITIONS IN THE DISTRICT OF COLUMBIA UNDER THE ORIGINAL CLASSIFICATION ACT OF 1923, AND SINCE THIS ACT PUT INTO EFFECT A COMPLETE SERIES OF GENERAL JOB DESCRIPTIONS ARRANGED UNDER FIVE GREAT SERVICES TO EACH OF WHICH DESCRIPTION WAS APPENDED A DEFINITE SALARY RANGE, THIS NEW CLASSIFICATION SCHEME WAS APPLIED TO ALL FIELD SERVICE POSITIONS AND MADE EFFECTIVE JULY 1, 1928.

IN REFERENCE TO THE FIFTH PARAGRAPH OF YOUR LETTER, BE ADVISED THAT IN INSTANCES WHERE POSITIONS IN THE FIELD SERVICE WERE ALLOCATED IN GRADE AND SALARY EFFECTIVE JULY 1, 1928, AND ON A SUBSEQUENT DATE WERE ADJUSTED, SUCH CHANGES ARE AN ATTEMPT TO OFFICIALLY CORRECT CLERICAL AND OTHER ERRORS IN THE PREPARATION OF THE ORIGINAL PAPERS.

SECTION 3 OF THE WELCH ACT, DATED MAY 28, 1928, 45 STAT. 785, PROVIDES AS FOLLOWS:

THE HEADS OF THE SEVERAL EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS ARE AUTHORIZED TO ADJUST THE COMPENSATION OF CERTAIN CIVILIAN POSITIONS IN THE FIELD SERVICES, THE COMPENSATION OF WHICH WAS ADJUSTED BY THE ACT OF DECEMBER 6, 1924, TO CORRESPOND, SO FAR AS MAY BE PRACTICABLE, TO THE RATES ESTABLISHED BY THE CLASSIFICATION ACT OF 1923 FOR POSITIONS IN THE DEPARTMENTAL SERVICES IN THE DISTRICT OF COLUMBIA THE FOLLOWING SUMS ARE APPROPRIATED, OUT OF ANY MONEY IN THE TREASURY NOT OTHERWISE APPROPRIATED, FOR THE SERVICE OF THE FISCAL YEAR ENDING JUNE 30, 1925, NAMELY: FIELD SERVICES TO CORRESPOND, SO FAR AS MAY BE PRACTICABLE, TO THE RATES ESTABLISHED BY THE CLASSIFICATION ACT OF 1923 FOR POSITIONS IN THE DEPARTMENTAL SERVICES IN THE DISTRICT OF COLUMBIA THE FOLLOWING SUMS ARE APPROPRIATED, OUT OF ANY MONEY IN THE TREASURY NOT OTHERWISE APPROPRIATED, FOR THE SERVICE OF THE FISCAL YEAR ENDING JUNE 30, 1925, NAMELY:

THERE WAS INCLUDED IN THIS ACT AN APPROPRIATION UNDER THE TREASURY DEPARTMENT, INTERNAL REVENUE BUREAU, 43 STAT. 710,"FOR ENFORCEMENT OF THE NARCOTIC AND NATIONAL PROHIBITION ACT, $712,000.' SUBSEQUENT APPROPRIATION ACTS FOR EACH FISCAL YEAR CONTAINED NO SEPARATE AND DISTINCT APPROPRIATION FOR FURTHER ADJUSTMENT IN FIELD SERVICE COMPENSATION RATES, OTHER THAN NORMAL PROMOTIONS, BUT SIMPLY AUTHORIZED CONTINUANCE OF PAYMENTS OF SALARY RATES IN THE FIELD SERVICE FIXED IN ACCORDANCE WITH THE ACT OF DECEMBER 6, 1924, IN THE FOLLOWING TERMS (QUOTING FROM THE APPROPRIATION ACT FOR THE CURRENT FISCAL YEAR DATED MARCH 5, 1928, 45 STAT. 193):

THOSE CIVILIAN POSITIONS IN THE FIELD SERVICES UNDER THE SEVERAL EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS, THE COMPENSATION OF WHICH WAS FIXED OR LIMITED BY LAW BUT ADJUSTED FOR THE FISCAL YEAR 1925, UNDER THE AUTHORITY AND APPROPRIATIONS CONTAINED IN THE ACT ENTITLED "AN ACT MAKING ADDITIONAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30, 1925, TO ENABLE THE HEADS OF THE SEVERAL EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS TO ADJUST THE RATES OF COMPENSATION OF CIVILIAN EMPLOYEES IN CERTAIN OF THE FIELD SERVICES," APPROVED DECEMBER 6, 1924, MAY BE PAID UNDER THE APPLICABLE APPROPRIATIONS FOR THE FISCAL YEAR 1929 AND THEREAFTER AT RATES NOT IN EXCESS OF THOSE PERMITTED FOR THEM UNDER THE PROVISIONS OF SUCH ACT OF DECEMBER 6, 1924.

THUS, THE AUTHORITY CONTAINED IN THE ORIGINAL ACT OF DECEMBER 6, 1924, TO "ADJUST THE COMPENSATION OF CIVILIAN EMPLOYEES IN CERTAIN FIELD SERVICES TO CORRESPOND, SO FAR AS MAY BE PRACTICABLE, TO THE RATES ESTABLISHED FOR THE CLASSIFICATION ACT OF 1923, FOR POSITIONS IN THE DEPARTMENTAL SERVICES IN THE DISTRICT OF COLUMBIA," WAS LIMITED BY THE AMOUNT OF THE APPROPRIATION THEREIN PROVIDED. THE AUTHORITY CONTAINED IN APPROPRIATIONS FOR SUBSEQUENT FISCAL YEARS DID NOT AUTHORIZE ANY ADJUSTMENT IN COMPENSATION INCREASING SALARY RATES ABOVE THAT AUTHORIZED OR PERMITTED BY THE ACT OF DECEMBER 6, 1924, WITHIN THE AVAILABILITY OF THE APPROPRIATION PROVIDED IN THAT ACT. THEREFORE, THE RATE OF COMPENSATION OF FIELD POSITIONS ON WHICH THE PROVISIONS OF SECTION 3 OF THE WELCH ACT WERE AUTHORIZED TO OPERATE, OR TO BE APPLIED BY THE ADMINISTRATIVE OFFICE, WAS THAT RATE ACTUALLY FIXED OR AUTHORIZED TO BE FIXED UNDER THE ACT OF DECEMBER 6, 1924, AS EXTENDED, WITHIN THE APPROPRIATIONS AVAILABLE UNDER THE ACT OF DECEMBER 6, 1924, PLUS NORMAL INCREASES BY PROMOTION WITHIN AVAILABLE APPROPRIATIONS AUTHORIZED FOR SUBSEQUENT FISCAL YEARS. SAID AMOUNT MUST ORDINARILY BE TAKEN TO HAVE BEEN THE RATE ACTUALLY RECEIVED BY FIELD EMPLOYEES JUNE 30, 1928.

ON DECEMBER 6, 1924, WHEN THE ADJUSTMENTS IN SALARY RATES IN FIELD POSITIONS WERE AUTHORIZED, THE POSITIONS WERE UNDER THE BUREAU OF INTERNAL REVENUE, AND IT WAS FOR THAT BUREAU TO MAKE THE NECESSARY ADJUSTMENTS. THE QUOTED REPORT INDICATES THAT SUCH ACTION WAS TAKEN. THE POSITIONS ARE NOW UNDER THE NEWLY CREATED BUREAU OF PROHIBITION, WHICH IS A SEPARATE AND DISTINCT ORGANIZATION FROM THE BUREAU OF INTERNAL REVENUE AND, APPARENTLY, THE ACTION OF THE BUREAU OF PROHIBITION ATTEMPTS TO SET ASIDE THE ACTION OF THE BUREAU OF INTERNAL REVENUE IN GRADING UNDER AUTHORITY OF THE ACT OF DECEMBER 6, 1924. THERE IS NO AUTHORITY NOW UNDER THE ACT OF DECEMBER 6, 1924, AS EXTENDED, SUBSEQUENT TO THE SEPARATION OF THE POSITIONS FROM THE BUREAU OF INTERNAL REVENUE, FOR THE BUREAU OF PROHIBITION TO ADJUST SALARY RATES OF SUCH POSITIONS TO CORRESPOND TO THE SALARY RATES OF SIMILAR POSITIONS IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA, AND THERE IS NOTHING IN THE WELCH ACT TO GRANT THIS AUTHORITY.

THE AUTHORITY TO FURTHER ADJUST SALARY RATES OF FIELD POSITIONS CONTAINED IN SECTION 3 OF THE WELCH ACT CLEARLY DID NOT CONTEMPLATE ADJUSTMENTS IN COMPENSATION DEEMED NECESSARY OR ADVISABLE BY REASON OF REORGANIZATION OF FIELD SERVICES, OR ON THE BASIS THAT THE APPROPRIATION CONTAINED IN THE ORIGINAL ACT OF DECEMBER 6, 1924, PLUS NORMAL INCREASES APPEARING IN APPROPRIATION ACTS FOR SUBSEQUENT FISCAL YEARS HAD NOT PROVIDED SUFFICIENT FUNDS TO FIX A SALARY RATE WHICH THE ADMINISTRATIVE OFFICE CONSIDERED WOULD CORRESPOND TO THE SALARY RATE FIXED FOR SIMILAR POSITIONS IN THE DISTRICT OF COLUMBIA. ON THE CONTRARY, THE ADJUSTMENTS AUTHORIZED BY SECTION 3 OF THE WELCH ACT--- AND FOR WHICH THIS OFFICE HELD THE CREATING OF A DEFICIENCY IN THE APPROPRIATIONS WAS AUTHORIZED--- WERE INTENDED TO BE LIMITED TO THE AMOUNT OF THE AUTOMATIC INCREASES AUTHORIZED FOR SIMILAR POSITIONS IN THE DISTRICT OF COLUMBIA, THE COMPARISON TO BE MADE BETWEEN THE FIELD SERVICE AND DEPARTMENTAL SERVICE POSITIONS ON THE BASIS OF THE SALARY RATES ACTUALLY RECEIVED JUNE 30, 1928, AND NOT ON THE BASIS OF THE VIEW OF THE ADMINISTRATIVE OFFICE AS TO THE CORRESPONDING DUTIES OF THE POSITIONS. SECTION 2 OF THE WELCH ACT PROVIDED FOR A CLASSIFICATION SURVEY OF THE FIELD SERVICE, AND THE RESULT THEREOF, IF PUT INTO OPERATION BY THE CONGRESS, WILL, NO DOUBT, EFFECT ALL NECESSARY ADJUSTMENTS IN SALARY RATES OF FIELD POSITIONS. BUT WITH RESPECT TO THE AUTHORITY CONTAINED IN SECTION 3 THE CONGRESS UNDOUBTEDLY INTENDED NOTHING MORE THAN AN INCREASE FOR FIELD-SERVICE EMPLOYEES EQUIVALENT TO THE INCREASE AUTHORIZED FOR EMPLOYEES IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA RECEIVING THE SAME OR APPROXIMATELY THE SAME SALARY.

OF COURSE, THE ADMINISTRATIVE OFFICE WOULD BE AUTHORIZED TO ADJUST SALARY RATES IN THE FIELD SERVICE INDEPENDENTLY OF THE WELCH ACT WITHIN THE AMOUNT OF AVAILABLE APPROPRIATIONS, BUT THE INCREASES RESULTING THEREFROM ARE NOT AUTHORIZED TO BE INCLUDED IN THE DEFICIENCY TO BE SUBMITTED TO THE CONGRESS FOR AN APPROPRIATION TO COVER THE INCREASES AUTHORIZED BY THE WELCH ACT. STATING IT CONVERSELY, THERE MAY BE INCLUDED IN THE AMOUNT TO BE SUBMITTED TO THE CONGRESS FOR A DEFICIENCY APPROPRIATION TO COVER THE INCREASES IN SALARY RATES FOR FIELD POSITIONS AUTHORIZED BY THE WELCH ACT ONLY THE DIFFERENCE BETWEEN THE SALARY RATE RECEIVED, OR AUTHORIZED TO BE RECEIVED, WITHIN AVAILABLE APPROPRIATIONS JUNE 30, 1928, AND THE AMOUNT OF AUTOMATIC INCREASES AUTHORIZED UNDER THE WELCH ACT FOR A POSITION IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA HAVING THE SAME OR APPROXIMATELY THE SAME SALARY, AS APPEARING IN THE SCHEDULE SET FORTH IN DECISION OF JUNE 2, 1928, 7 COMP. GEN. 760, 763. ANY INCREASE IN EXCESS OF THIS AMOUNT WILL BE FOR DISALLOWANCE IN THE DISBURSING CLERK'S ACCOUNTS IN THE ABSENCE OF A SHOWING, BY CERTIFICATE OR OTHERWISE, THAT THE EXISTING AVAILABLE APPROPRIATION IS ADEQUATE THEREFOR.

WITH RESPECT TO CASES INVOLVING A SECOND ADJUSTMENT SUBSEQUENT TO JULY 1, 1928, UNDER SECTION 3 OF THE WELCH ACT, IN THE COMPENSATION OF THE SAME FIELD POSITION AND RETROACTIVE PAYMENT AT THE INCREASED RATE TO JULY 1, 1928, THERE MUST BE DISALLOWED ALL AMOUNTS REPRESENTING THE DIFFERENCE BETWEEN THE RATE OF COMPENSATION UNDER THE FIRST ADMINISTRATIVE ADJUSTMENT AND THE RATE OF COMPENSATION UNDER THE SECOND ADMINISTRATIVE ADJUSTMENT BETWEEN JULY 1, 1928, AND THE DATE OF THE SECOND ADMINISTRATIVE APPROVAL. SEE DECISION OF SEPTEMBER 29, 1928, A 24418, 8 COMP. GEN. 154, ADDRESSED TO THE DIRECTOR OF THE VETERANS' BUREAU. THE SECOND CERTIFICATE OR ADJUSTMENT BY THE ADMINISTRATIVE OFFICE WILL NOT BE QUESTIONED FOR PERIODS ON AND AFTER ITS APPROVAL, IN VIEW OF THE ADMINISTRATIVE STATEMENT THAT THE SAME "WAS AN ATTEMPT TO OFFICIALLY CORRECT CLERICAL AND OTHER ERRORS IN THE PREPARATION OF THE ORIGINAL PAPERS," SUBJECT, OF COURSE, TO WHAT HAS BEEN SAID HEREIN WITH RESPECT TO CREATING A DEFICIENCY.