A-32749, AUGUST 2, 1930, 10 COMP. GEN. 53

A-32749, AUGUST 2, 1930, 10 COMP. GEN. 53

COMPENSATION - UNITED STATES PARK POLICE THE PROVISION IN THE ACT OF APRIL 13, 1928, 45 STAT. 429, REQUIRING THAT THE SALARIES OF THE UNITED STATES PARK POLICE SHALL BE THE SAME AS THE SALARIES OF THE METROPOLITAN POLICE OF THE DISTRICT OF COLUMBIA IN SIMILAR OR CORRESPONDING GRADES, AUTHORIZES THE EXTENSION TO MEMBERS OF THE PARK POLICE OF THE BENEFITS OF SECTION 4 OF THE ACT OF JULY 1, 1930, 46 STAT. 840, AND THE PAYMENT, TO NOT EXCEEDING 10 PERCENT THEREOF, OF ADDITIONAL COMPENSATION AT THE RATE OF $5 PER MONTH BY REASON OF OUTSTANDING EFFICIENCY, SUCH INCREASE TO BE SUBJECT TO THE DEDUCTION OF 3 1/2 PERCENT FOR THE POLICEMEN AND FIREMEN'S RELIEF FUND.

COMPTROLLER GENERAL MCCARL TO THE DIRECTOR OF PUBLIC BUILDINGS AND PUBLIC PARKS OF THE NATIONAL CAPITAL, AUGUST 2, 1930:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF JULY 21, 1930, AS FOLLOWS:

BY THE ACT APPROVED APRIL 13, 1928, PUB. NO. 273, 70TH CONGRESS, THE SALARIES OF MEMBERS OF THE UNITED STATES PARK POLICE ARE THE SAME AS THE SALARIES OF THE OFFICERS AND MEMBERS OF THE METROPOLITAN POLICE FORCE.

THE SALARIES OF MEMBERS OF THE PARK POLICE FORCE HAVE BEEN ADJUSTED IN ACCORDANCE WITH SEC. 3 OF THE ACT APPROVED JULY 1, 1930, PUB. NO. 489, 71ST CONGRESS, AND IN THIS CONNECTION YOUR DECISION IS REQUESTED AS TO WHETHER I AM AUTHORIZED TO GRANT TO NOT EXCEEDING 10 PERCENTUM OF THE AUTHORIZED STRENGTH, RESPECTIVELY, OF SUCH PRIVATES AND SERGEANTS OF THE PARK POLICE FORCE ADDITIONAL COMPENSATION AT THE RATE OF $5.00 PER MONTH IN ACCORDANCE WITH SEC. 4 OF THE ACT.

IF YOUR DECISION IS IN THE AFFIRMATIVE, INFORMATION IS ALSO DESIRED AS TO WHETHER 3 1/2 PERCENT SHOULD BE DEDUCTED FROM THE $5.00 PER MONTH ADDITIONAL COMPENSATION IN ACCORDANCE WITH SEC. 5 OF SAID ACT.

THE ACT OF APRIL 13, 1928, 45 STAT. 429, PROVIDES AS FOLLOWS:

THAT SECTION 5 OF THE ACT ENTITLED "AN ACT TO FIX THE SALARIES OF OFFICERS AND MEMBERS OF THE METROPOLITAN POLICE FORCE, THE UNITED STATES PARK POLICE, AND THE FIRE DEPARTMENT OF THE DISTRICT OF COLUMBIA," APPROVED MAY 27, 1924 (UNITED STATES STATUTES AT LARGE, VOLUME 43, PAGE 175), IS HEREBY AMENDED BY STRIKING OUT SAID SECTION AND SUBSTITUTING THEREFOR THE FOLLOWING: "HEREAFTER, THE SALARIES OF MEMBERS OF THE UNITED STATES PARK POLICE FORCE SHALL BE THE SAME AS THE SALARIES OF THE OFFICERS AND MEMBERS OF THE METROPOLITAN POLICE FORCE OF THE DISTRICT OF COLUMBIA IN SIMILAR OR CORRESPONDING GRADES.'

SECTION 4 OF THE ACT OF JULY 1, 1930, 46 STAT. 840, ENTITLED "AN ACT TO FIX THE SALARIES OF OFFICERS AND MEMBERS OF THE METROPOLITAN POLICE FORCE AND THE FIRE DEPARTMENT OF THE DISTRICT OF COLUMBIA," PROVIDES AS FOLLOWS:

SEC. 4. THAT NO ANNUAL INCREASE IN SALARY SHALL BE PAID TO ANY PERSON WHO, IN THE JUDGMENT OF THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA, HAS NOT RENDERED SATISFACTORY SERVICE, AND ANY PRIVATE WHO FAILS TO RECEIVE SUCH ANNUAL INCREASE FOR TWO SUCCESSIVE YEARS SHALL BE DEEMED INEFFICIENT AND FORTHWITH REMOVED FROM THE SERVICE BY THE COMMISSIONERS: PROVIDED, THAT UNDER SUCH RULES AND REGULATIONS AS THE COMMISSIONERS SHALL PROMULGATE, THE MAJOR AND SUPERINTENDENT OF POLICE AND THE CHIEF ENGINEER OF THE FIRE DEPARTMENT SHALL SELECT AND REPORT TO THE COMMISSIONERS FROM TIME TO TIME THE NAMES OF PRIVATES AND SERGEANTS IN EACH DEPARTMENT WHO BY REASON OF DEMONSTRATED ABILITY MAY BE CONSIDERED AS POSSESSED OF OUTSTANDING EFFICIENCY, AND THE COMMISSIONERS ARE AUTHORIZED AND DIRECTED TO GRANT TO NOT EXCEEDING 10 PERCENTUM OF THE AUTHORIZED STRENGTH, RESPECTIVELY, OF SUCH PRIVATES AND SERGEANTS IN EACH DEPARTMENT ADDITIONAL COMPENSATION AT THE RATE OF $5 PER MONTH: PROVIDED FURTHER, THAT THE COMMISSIONERS MAY WITHDRAW SUCH COMPENSATION AT ANY TIME AND REMOVE ANY NAME OR NAMES FROM AMONG SUCH SELECTIONS.

THE CLEAR PURPOSE AND INTENT OF THE FIRST STATUTE ABOVE QUOTED WAS TO ASSIMILATE THE SALARIES OF THE MEMBERS OF THE UNITED STATES PARK POLICE FORCE WITH THE SALARIES OF THE MEMBERS OF THE METROPOLITAN POLICE FORCE OF THE DISTRICT OF COLUMBIA. TO GIVE FULL FORCE AND EFFECT TO SUCH INTENT AND PURPOSE IT IS NECESSARY TO APPLY TO THE UNITED STATES PARK POLICE THE PROVISIONS OF SECTION 4 OF THE ACT OF JULY 1, 1930, SUPRA, RELATIVE TO RESTRICTIONS ON PROMOTIONS AND ADDITIONAL COMPENSATION FOR OUTSTANDING EFFICIENCY.

YOU ARE ADVISED, THEREFORE, THAT THE ADDITIONAL COMPENSATION AUTHORIZED UNDER SECTION 4 OF THE ACT OF JULY 1, 1930, MAY BE ALLOWED TO THE MEMBERS OF THE UNITED STATES PARK POLICE FORCE FOR OUTSTANDING EFFICIENCY, WITHIN THE LIMITATIONS OF THE STATUTE, UNDER SUCH RULES AND REGULATIONS AS YOU MAY PRESCRIBE AS THE ADMINISTRATIVE HEAD OF THE UNITED STATES PARK POLICE FORCE.

SECTION 5 OF THE ACT OF JULY 1, 1930, SUPRA, PROVIDES, IN PART, AS FOLLOWS:

SEC. 5. THAT, COMMENCING WITH THE EFFECTIVE DATE OF THIS ACT, THERE SHALL BE DEDUCTED FOR THE BENEFIT OF THE POLICEMEN AND FIREMEN'S RELIEF FUND 3 1/2 PERCENTUM OF THE MONTHLY PAY OF EACH MEMBER OF THE METROPOLITAN POLICE FORCE, THE FIRE DEPARTMENT, THE UNITED STATES PARK POLICE, AND THE WHITE HOUSE POLICE FORCE. * * *

THE UNITED STATES PARK POLICE IS SPECIFICALLY INCLUDED. "MONTHLY PAY" WOULD INCLUDE NOT ONLY THE BASIC SALARY PAID AS COMPENSATION OF MEMBERS OF THE POLICE FORCE, BUT ALSO THE ADDITIONAL PAY WHICH MAY BE GRANTED TO CERTAIN MEMBERS OF THE FORCE FOR "OUTSTANDING EFFICIENCY.' HENCE, ANY ALLOWANCES OF $5 PER MONTH GRANTED UNDER THE PROVISIONS OF SAID SECTION WILL BE SUBJECT TO THE 3 1/2 PERCENT DEDUCTION.