A-39245, A-39328, JULY 15, 1932, 12 COMP. GEN. 48
Highlights
THERE IS NO REQUIREMENT DURING THE FISCAL YEAR 1933 TO FIX THE SALARY RATES OF NEW APPOINTEES AUTHORIZED UNDER THE EXCEPTIONS OF THE ECONOMY ACT ABOVE THE EXISTING RATES FOR THE SAME OR SIMILAR DUTIES. WERE LESS THAN THE MINIMUM RATES PRESCRIBED BY THE CLASSIFICATION ACT FOR THE SERVICES TO WHICH THEY HAVE BEEN ALLOCATED. OF OTHERS WHO WERE RECEIVING RATES ABOVE THE MINIMUM FOR THE SERVICES BUT NOT AT THE EXACT RATES PRESCRIBED BY THE ACT. THUS THE RATES OF CERTAIN CLERKS ARE INCREASED FROM LESS THAN $1. THOSE OF CERTAIN OTHER EMPLOYEES WHO HAVE BEEN PAID ODD RATES SUCH AS $1. 540 ARE INCREASED TO THE NEAREST RATE SPECIFIED IN THE ACT. DECISION IS REQUESTED WHETHER IN THE CLASSIFICATION OF THE FIELD SERVICE THESE INCREASES MAY BE MADE NOTWITHSTANDING THE PROVISIONS OF THE ECONOMY ACT OF JUNE 30.
A-39245, A-39328, JULY 15, 1932, 12 COMP. GEN. 48
ECONOMY ACT - REALLOCATION IN THE FIELD SERVICE - WAR DEPARTMENT AS NO ADMINISTRATIVE ACTION MAY BE MADE EFFECTIVE DURING THE FISCAL YEAR 1933 WHICH WOULD INCREASE THE SALARY RATE OF A FIELD EMPLOYEE, WITH THE EXCEPTIONS NOTED IN SECTION 202 OF THE ACT OF JUNE 30, 1932, 47 STAT. 403, THE ACTION OF THE SECRETARY OF WAR, DATED MAY 4, 1932, AND MADE EFFECTIVE JULY 1, 1932, PROPOSING TO REALLOCATE CERTAIN FIELD EMPLOYEES INVOLVING AN INCREASE IN COMPENSATION, HAS BEEN RENDERED INOPERATIVE BY THE ECONOMY ACT, AND THERE IS NO REQUIREMENT DURING THE FISCAL YEAR 1933 TO FIX THE SALARY RATES OF NEW APPOINTEES AUTHORIZED UNDER THE EXCEPTIONS OF THE ECONOMY ACT ABOVE THE EXISTING RATES FOR THE SAME OR SIMILAR DUTIES.
COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, JULY 15, 1932:
CONSIDERATION HAS BEEN GIVEN TO YOUR LETTERS OF JULY 8 AND 11, 1932, AS FOLLOWS:
IN ACCORDANCE WITH YOUR DECISION OF JANUARY 11, 1932, THAT THE PROVISIONS OF THE CLASSIFICATION ACT MUST BE EXTENDED TO THE FIELD SERVICE OF THE DEPARTMENT NOT LATER THAN JULY 1, 1932, THE DEPARTMENT COMPLETED THE WORK OF CLASSIFICATION, AND BY ORDER OF MAY 4, 1932, DIRECTED THAT THE CLASSIFICATION BECOME EFFECTIVE JULY 1, 1932. THIS HAS RESULTED IN INCREASING RATES OF PAY OF SOME EMPLOYEES WHOSE RATES OF PAY PRIOR TO JULY 1, 1932, WERE LESS THAN THE MINIMUM RATES PRESCRIBED BY THE CLASSIFICATION ACT FOR THE SERVICES TO WHICH THEY HAVE BEEN ALLOCATED, AND OF OTHERS WHO WERE RECEIVING RATES ABOVE THE MINIMUM FOR THE SERVICES BUT NOT AT THE EXACT RATES PRESCRIBED BY THE ACT. THUS THE RATES OF CERTAIN CLERKS ARE INCREASED FROM LESS THAN $1,260 PER ANNUM TO $1,260 PER ANNUM, AND THOSE OF CERTAIN OTHER EMPLOYEES WHO HAVE BEEN PAID ODD RATES SUCH AS $1,540 ARE INCREASED TO THE NEAREST RATE SPECIFIED IN THE ACT.
DECISION IS REQUESTED WHETHER IN THE CLASSIFICATION OF THE FIELD SERVICE THESE INCREASES MAY BE MADE NOTWITHSTANDING THE PROVISIONS OF THE ECONOMY ACT OF JUNE 30, 1932.
REFERRING TO THE DEPARTMENT'S LETTER TO YOU OF JULY 8TH REQUESTING DECISION WITH RELATION TO COMPENSATION INCREASES BY VIRTUE OF CLASSIFICATION OF FIELD EMPLOYEES GOING INTO EFFECT JULY 1, 1932, THE DEPARTMENT DESIRES TO PRESENT THE FOLLOWING QUESTIONS FOR DECISION IN THE EVENT THE DECISION OF YOUR OFFICE ON THE QUESTION PRESENTED IN THE LETTER OF JULY 8TH IS NEGATIVE.
AT A NUMBER OF STATIONS IN THE FIELD SERVICES TYPISTS, FOR EXAMPLE, WHOSE DUTIES WOULD CALL FOR ALLOCATION TO GRADE CAF-1, THE COMPENSATION RATES HAVE BEEN LESS THAN THE CLASSIFICATION SCHEDULE RATE FOR THAT GRADE, NAMELY, $1,260 PER ANNUM. THERE RATES HAVE HERETOFORE RANGED AS LOW AS $900 PER ANNUM FOR TYPISTS. IS THE DEPARTMENT AUTHORIZED, IF THE ANSWER IS IN THE NEGATIVE TO ITS INQUIRY OF JULY 8TH, TO CONTINUE MAKING APPOINTMENTS AT THE RATES HERETOFORE PREVAILING AT LESS THAN $1,260 PER ANNUM:
(1) FOR PERMANENT APPOINTMENTS IF AUTHORIZED BY THE PRESIDENT;
(2) FOR APPOINTMENTS IN POSITIONS WHICH ARE TEMPORARY, EMERGENCY, OR SEASONAL.
IN DECISION OF JULY 12, 1932, A-42955, 12 COMP. GEN. 20, TO THE SECRETARY OF THE NAVY, INVOLVING THE PROPER ALLOCATION OF FIELD EMPLOYEES UNDER THE NAVAL ESTABLISHMENT, IT WAS HELD AS FOLLOWS:
ADMINISTRATIVE REALLOCATION OF A FIELD POSITION UNDER THE TERMS OF SECTION (2) OF THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1005, IS EXCLUSIVELY WITHIN ADMINISTRATIVE CONTROL, AND ANY SUCH REALLOCATION BASED ON SUBSTANTIALLY THE SAME DUTIES AND RESPONSIBILITIES AS OF JUNE 30, 1932, WHICH WOULD INCREASE THE SALARY RATE OF THE EMPLOYEE MUST BE CONSIDERED AS AN ADMINISTRATIVE PROMOTION AND PROHIBITED DURING THE FISCAL YEAR 1933 UNDER THE TERMS OF SECTION 202 OF THE ACT OF JUNE 30, 1932, PUBLIC NO. 212.
THIS PRINCIPLE IS APPLICABLE IN THE INSTANT CASE. IN DECISION OF JULY 8, 1932, A-43056, 12 COMP. GEN. 9, TO THE PUBLIC PRINTER, IT WAS STATED:
THE PLAIN PURPOSE OF ENACTMENT IS TO EFFECT A SAVING OR ECONOMY TO THE GOVERNMENT DURING THE FISCAL YEAR 1933, AND IT MUST BE CONSTRUED AND APPLIED TO EFFECTUATE THAT PURPOSE. * * *
IN LINE WITH THIS PURPOSE IT IS NECESSARY TO CONCLUDE THAT NO ADMINISTRATIVE ACTION MAY BE MADE EFFECTIVE DURING THE FISCAL YEAR 1933 WHICH WOULD INCREASE THE SALARY RATE OF EMPLOYEES, WITH THE EXPRESS EXCEPTIONS IN THE STATUTE. THE APPLICATION OF THE DECISION OF THIS OFFICE, DATED JANUARY 11, 1932, TO WHICH YOU REFER, IS SUSPENDED DURING THE FISCAL YEAR 1933.
YOU ARE ADVISED, THEREFORE, THAT YOUR ORDER OF MAY 4, 1932, TO BECOME EFFECTIVE JULY 1, 1932, PROPOSING THE INCREASE OF RATES OF CERTAIN FIELD EMPLOYEES UNDER THE WAR DEPARTMENT, HAS BEEN RENDERED INOPERATIVE BY SECTION 202 OF THE ACT OF JUNE 30, 1932, PROVIDING THAT "NO ADMINISTRATIVE PROMOTIONS IN THE CIVILIAN BRANCH OF THE UNITED STATES GOVERNMENT OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA SHALL BE MADE DURING THE FISCAL YEAR ENDING JUNE 30, 1933.' AND, THEREFORE, SINCE THE REALLOCATIONS DID NOT BECOME EFFECTIVE BEFORE JULY 1, 1932, AND CAN NOT BECOME EFFECTIVE DURING THE FISCAL YEAR 1933, THERE IS NO REQUIREMENT DURING THE FISCAL YEAR 1933 TO FIX THE SALARY RATES OF THE NEW APPOINTEES REFERRED TO, IF AND WHEN AUTHORIZED TO BE EMPLOYED UNDER THE EXCEPTIONS TO SECTION 202 OF THE ACT OF JUNE 30, 1932,REFERRED TO AS (1) AND (2) OF YOUR SUBMISSION OF JULY 11, ABOVE THE EXISTING RATES FOR THE SAME OR SIMILAR DUTIES, ALTHOUGH LESS THAN THE MINIMUM SALARY RATE OF THE GRADE PRESCRIBED BY THE CLASSIFICATION ACT IN WHICH CORRESPONDING POSITIONS IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA HAVE BEEN ALLOCATED.