A-43462, JULY 28, 1932, 12 COMP. GEN. 128

A-43462, JULY 28, 1932, 12 COMP. GEN. 128

ECONOMY ACT - ADMINISTRATIVE PROMOTIONS - CHANGE OF DUTIES THE ADMINISTRATIVE ASSIGNMENT OF AN EMPLOYEE TO THE DUTIES OF A HIGHER GRADE ON OR SUBSEQUENT TO JULY 1, 1932, OR THE ADDING TO OR CHANGING THE DUTIES OF AN EMPLOYEE TO SUCH AN EXTENT AS WOULD REQUIRE OR AUTHORIZE THE ALLOCATION OR REALLOCATION OF THE POSITION TO A HIGHER GRADE INVOLVING AN INCREASE IN COMPENSATION, IS TO BE REGARDED AS AN ADMINISTRATIVE PROMOTION WITHIN THE MEANING OF SECTION 202 OF THE ACT OF JUNE 30, 1932, 47 STAT. 403, AND, THEREFORE, PROHIBITED DURING THE FISCAL YEAR 1933 UNLESS AUTHORIZED OR APPROVED IN WRITING BY THE PRESIDENT AS THE FILLING OF A VACANCY BY THE APPOINTMENT THERETO OF AN EMPLOYEE OF A LOWER GRADE. HOWEVER, THIS RULE DOES NOT PRECLUDE THE TEMPORARY DETAIL OR ASSIGNMENT, WHERE OTHERWISE AUTHORIZED BY LAW, OF EMPLOYEES TO PERFORM THE DUTIES ATTACHING TO A POSITION IN A HIGHER GRADE INVOLVING NO CHANGE IN THE SALARY STATUS OF THE EMPLOYEE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, JULY 28, 1932:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF JULY 20, 1932, AS FOLLOWS:

ON JUNE 23, 1932, THE DEPARTMENT PRESENTED TO THE PERSONNEL CLASSIFICATION BOARD A CLASSIFICATION SHEET SHOWING CHANGES IN THE DUTIES OF AN EMPLOYEE IN THE DEPARTMENTAL SERVICE, THE CHANGE OF DUTIES HAVING OCCURRED SOME TIME PRIOR TO THE DATE OF THE SUBMISSION OF THE SHEET. THE DEPARTMENT ALLOCATED THE NEW JOB TO A HIGHER GRADE THAN THAT THERETOFORE HELD BY THE EMPLOYEE. ON JULY 13, 1932, THE PERSONNEL CLASSIFICATION BOARD ALLOCATED THE JOB TO THE HIGHER GRADE. THE ACTION OF THE BOARD WAS RECEIVED IN THE DEPARTMENT JULY 19, 1932. THE SALARY OF THE EMPLOYEE IS LESS THAN THE MINIMUM RATE PRESCRIBED BY THE CLASSIFICATION ACT FOR THE GRADE AND SERVICE TO WHICH HE IS THUS REALLOCATED.

DECISION IS REQUESTED WHETHER, NOTWITHSTANDING ANY OF THE PROVISIONS OF THE ECONOMY ACT OF JUNE 30, 1932, THE DEPARTMENT IS AUTHORIZED TO ACCEPT THE REALLOCATION OF THIS EMPLOYEE TO A HIGHER GRADE AND BEGINNING JULY 1, 1932, PAY HIM AT THE MINIMUM RATE PRESCRIBED FOR THAT GRADE BY THE CLASSIFICATION ACT.

IF YOUR DECISION BE IN THE AFFIRMATIVE, DECISION IS ALSO REQUESTED AS TO THE AUTHORITY OF THE DEPARTMENT IN THE CASE OF AN EMPLOYEE ASSIGNED TO THE DUTIES OF A HIGHER GRADE SINCE JULY 1, 1932.

IN DECISION OF JULY 26, 1932, TO YOU, A-43462, 12 COMP. GEN. 120, IT WAS HELD AS FOLLOWS:

THEREFORE, THE FINAL REALLOCATION, BASED ON SUBSTANTIALLY THE SAME DUTIES AND RESPONSIBILITIES AS OF JUNE 30, 1932, OF AN EXISTING POSITION IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA OR UNDER THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, MADE EFFECTIVE DURING THE FISCAL YEAR 1933 BY THE ACTION OF THE PERSONNEL CLASSIFICATION BOARD, OR ON AND AFTER OCTOBER 1, 1932, BY THE CIVIL SERVICE COMMISSION, WHICH REQUIRES AN INCREASE IN COMPENSATION OF THE INCUMBENT, DOES NOT CONSTITUTE AN ADMINISTRATIVE PROMOTION AND IS NOT PROHIBITED BY THE PROVISIONS OF SECTION 202 OR ANY OTHER PROVISION OF THE ECONOMY ACT.

IT IS UNDERSTOOD FROM YOUR PRESENT SUBMISSION THAT THE EMPLOYEE IN THIS INSTANCE WAS PERFORMING ON JUNE 30, 1932, THE CHANGED DUTIES WHICH NECESSITATED THE ALLOCATION OF THE POSITION TO A HIGHER GRADE. IF SO, THE PRINCIPLE AS STATED ABOVE IS FOR APPLICATION, AND THE EMPLOYEE MAY BE PAID THE MINIMUM SALARY RATE OF THE GRADE IN WHICH THE PERSONNEL CLASSIFICATION BOARD FINALLY ALLOCATED THE POSITION ON THE BASIS OF THE DUTIES PERFORMED JUNE 30, 1932.

REFERRING TO YOUR CONCLUDING PARAGRAPH, THERE IS FOR CONSIDERATION SECTION 202 OF THE ECONOMY ACT, WHICH PROVIDES:

NO ADMINISTRATIVE PROMOTIONS IN THE CIVIL 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: PROVIDED, THAT THE FILLING OF A VACANCY, WHEN AUTHORIZED BY THE PRESIDENT, BY THE APPOINTMENT OF AN EMPLOYEE OF A LOWER GRADE, SHALL NOT BE CONSTRUED AS AN ADMINISTRATIVE PROMOTION, BUT NO SUCH APPOINTMENT SHALL INCREASE THE COMPENSATION OF SUCH EMPLOYEE TO A RATE IN EXCESS OF THE MINIMUM RATE OF THE GRADE TO WHICH SUCH EMPLOYEE IS APPOINTED, UNLESS SUCH MINIMUM RATE WOULD REQUIRE AN ACTUAL REDUCTION IN COMPENSATION. THE PRESIDENT SHALL SUBMIT TO CONGRESS A REPORT OF THE VACANCIES FILLED UNDER THIS SECTION UP TO NOVEMBER 1, 1932, ON THE FIRST DAY OF THE NEXT REGULAR SESSION. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO COMMISSIONED, COMMISSIONED WARRANT, WARRANT, AND ENLISTED PERSONNEL, AND CADETS OF THE COAST GUARD.

THE ADMINISTRATIVE ASSIGNMENT OF AN EMPLOYEE TO THE DUTIES OF A HIGHER GRADE ON OR SUBSEQUENT TO JULY 1, 1932, OR THE ADDING TO OR CHANGING THE DUTIES OF AN EMPLOYEE TO SUCH AN EXTENT AS WOULD REQUIRE OR AUTHORIZE THE ALLOCATION OR REALLOCATION OF THE POSITION TO A HIGHER GRADE INVOLVING AN INCREASE IN COMPENSATION, IS TO BE REGARDED AS AN ADMINISTRATIVE PROMOTION WITHIN THE MEANING OF SECTION 202 OF THE ECONOMY ACT, AND, THEREFORE, PROHIBITED DURING THE FISCAL YEAR 1933 UNLESS AUTHORIZED OR APPROVED IN WRITING BY THE PRESIDENT AS THE FILLING OF A VACANCY BY THE APPOINTMENT THERETO OF AN EMPLOYEE OF A LOWER GRADE. HOWEVER, THIS RULE DOES NOT PRECLUDE THE TEMPORARY DETAIL OR ASSIGNMENT, WHERE OTHERWISE AUTHORIZED BY LAW, OF EMPLOYEES TO PERFORM THE DUTIES ATTACHING TO A POSITION IN A HIGHER GRADE INVOLVING NO CHANGE IN THE SALARY STATUS OF THE EMPLOYEE.