A-52724, NOVEMBER 12, 1934, 14 COMP. GEN. 378

A-52724, NOVEMBER 12, 1934, 14 COMP. GEN. 378

COMPENSATION - ADMINISTRATIVE PROMOTION - AGRICULTURAL ADJUSTMENT ADMINISTRATION PRESIDENTIAL APPROVAL UNDER THE TERMS OF SECTION 7 OF THE ACT OF MARCH 3, 1933, 47 STAT. 1515, AND SECTION 203 OF THE ECONOMY ACT, HAS RELATION ONLY TO ORIGINAL APPOINTMENTS OR PROMOTIONS TO A VACANT POSITION IN A HIGHER GRADE WITH A HIGHER RATE OF COMPENSATION, AND HAS NO BEARING ON ADMINISTRATIVE PROMOTIONS WITHIN THE SALARY RANGE OF A GRADE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF AGRICULTURE, NOVEMBER 12, 1934:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF NOVEMBER 2, 1934, AS FOLLOWS:

YOUR DECISION TO THIS DEPARTMENT OF AUGUST 31, 1934 (A-52724), HAS RAISED SEVERAL QUESTIONS IN REGARD TO CERTAIN PERSONNEL EMPLOYED IN THE AGRICULTURAL ADJUSTMENT ADMINISTRATION, FOR EXAMPLE, MR. J. C. HOWELL WAS APPOINTED TEMPORARILY ON OCTOBER 11, 1933, AT A SALARY OF $5,200 PER ANNUM AS AN EXPERT (E.O. 19) AND HAS BEEN CARRIED ON OUR ROLLS SINCE THAT DATE AT THE SAME SALARY BY EXTENSIONS OF TEMPORARY APPOINTMENTS. ON AUGUST 4, 1934, HIS POSITION WAS ALLOCATED BY THE CIVIL SERVICE COMMISSION IN GRADE CAF-12, AND ON AUGUST 31, 1934, PRESIDENTIAL APPROVAL WAS HAD FOR AN INDEFINITE PERIOD AT $5,200 PER ANNUM.

IT IS, THEREFORE, REQUESTED THAT YOU ADVISE THIS OFFICE:

(1) WILL THE EFFECTIVE DATE OF REDUCTION IN SALARY TO THE MINIMUM FOR THE GRADE TO WHICH THE POSITION WAS ALLOCATED BE JULY 1, 1934, OR THE FIRST DAY OF THE CURRENT PAY PERIOD OF ALLOCATION, THE ACTUAL DATE OF ALLOCATION BEING AUGUST 4, 1934?

(2) CAN MR. HOWELL'S SALARY BE ADJUSTED TO $5,200 BEGINNING THE DATE OF PRESIDENTIAL APPROVAL, AUGUST 31, 1934, OR THE FIRST DAY OF THE CURRENT PAY PERIOD IN WHICH PRESIDENTIAL APPROVAL WAS HAD, THAT IS, AUGUST 16, 1934, AFTER HIS REDUCTION TO THE MINIMUM ($4,600), OF THE GRADE FOR THE TEMPORARY PERIOD OF SERVICE?

AS THERE ARE SEVERAL SUCH CASES PENDING IN THE DEPARTMENT AT THE PRESENT TIME, AN EARLY REPLY WILL BE GREATLY APPRECIATED.

IN THE DECISION OF AUGUST 31, 1934, 14 COMP. GEN. 180, IT WAS HELD AS FOLLOWS (QUOTING FROM THE SYLLABUS):

FOR PERIODS ON AND AFTER JULY 1, 1934, CREDIT WILL BE ALLOWED FOR SALARY PAYMENTS TO THE PERSONNEL OF THE AGRICULTURAL ADJUSTMENT ADMINISTRATION SUBJECT TO THE CLASSIFICATION ACT AS AMENDED, ONLY AT THE MINIMUM SALARY RATE OF THE GRADE IN WHICH THE POSITION HAS BEEN ALLOCATED BY THE CIVIL SERVICE COMMISSION, IF THE POSITIONS ARE IN THE DISTRICT OF COLUMBIA, AND ONLY AT THE MINIMUM SALARY RATE OF THE GRADE IN WHICH THE POSITION HAS BEEN ADMINISTRATIVELY PLACED OR ALLOCATED, IF THE POSITIONS ARE IN THE FIELD, UNLESS THERE BE A SHOWING THAT PERSONNEL FUNDS ARE AVAILABLE ON AN ANNUAL BASIS FOR THE DIFFERENCE BETWEEN THE MINIMUM RATE AND THE HIGHER RATE IN THE GRADE IN WHICH PAID ON THE BASIS OF AN ADMINISTRATIVE PROMOTION.

TEMPORARY EMPLOYEES SUBJECT TO THE CLASSIFICATION ACT AS AMENDED ARE AUTHORIZED TO BE PAID ONLY AT THE MINIMUM SALARY RATE OF THE GRADE IN WHICH THEIR TEMPORARY POSITIONS HAVE BEEN PROPERLY PLACED OR ALLOCATED, WHETHER IN THE DEPARTMENTAL OR FIELD SERVICE, AND THEIR PROMOTION ABOVE THE MINIMUM SALARY RATE OF THE GRADE IS NOT AUTHORIZED.

UNDER THE RULES THUS STATED, AND IN ACCORDANCE WITH THE ESTABLISHED PROCEDURE UNDER WHICH THE EFFECTIVE DATE OF ALLOCATIONS OR REALLOCATIONS FOR PAY PURPOSES IS THE BEGINNING OF THE PAY PERIOD CURRENT WHEN NOTICE IS RECEIVED IN THE ADMINISTRATIVE OFFICE OF THE ACTION TAKEN BY THE CIVIL SERVICE COMMISSION, $4,600 PER ANNUM, THE MINIMUM SALARY RATE OF GRADE C.A.F. 12, WAS PROPERLY PAYABLE IN THIS CASE FOR THE PERIOD BEGINNING AUGUST 1, 1934.

THERE IS NO AUTHORITY OF LAW FOR PAYMENT OF THE RATE OF $5,200 PER ANNUM, THE NEXT TO THE HIGHEST SALARY RATE IN GRADE C.A.F. 12, ON THE BASIS OF PRESIDENTIAL APPROVAL ALONE, WHICH HAS RELATION ONLY TO ORIGINAL APPOINTMENTS OR PROMOTIONS TO A VACANT POSITION IN A HIGHER GRADE WITH A HIGHER RATE OF COMPENSATION. SEE SECTION 7 OF THE ACT OF MARCH 3, 1933, 47 STAT. 1515, AND SECTION 203 OF THE ECONOMY ACT. IN OTHER WORDS, PRESIDENTIAL APPROVAL HAS NO BEARING ON ADMINISTRATIVE PROMOTIONS WITHIN THE SALARY RANGE OF A GRADE. CONSEQUENTLY, ON THE FACTS APPEARING, CREDIT MAY NOT BE ALLOWED FOR SALARY PAYMENTS TO THIS EMPLOYEE AT A RATE IN EXCESS OF $4,600 FOR ANY PERIOD AFTER JULY 31, 1934. SEE SECTION 24 OF THE ACT OF MARCH 28, 1934, 48 STAT. 523, AMENDING SECTION 7 OF THE ACT OF MARCH 3, 1933, 47 STAT. 1515, AND 13 COMP. GEN. 419, INTERPRETING THE SAME.