A-24410, DECEMBER 3, 1928, 8 COMP. GEN. 279
Highlights
1928 - FIELD SERVICE IT IS WITHIN ADMINISTRATIVE DISCRETION TO DETERMINE UNDER THE PROVISIONS OF THE ACT OF MAY 28. NO REDUCTION IN COMPENSATION SOLELY BE REASON OF ADJUSTMENTS UNDER SAID STATUTE IS AUTHORIZED OR REQUIRED. THERE IS PRESENTED THE QUESTION AS TO THE RATE OF PAY PROPERLY PAYABLE TO PHILIP HAMLIN. HAMLIN WAS RECEIVING SALARY AT THE RATE OF $5. THERE WAS A SUSPENSION UPON ADMINISTRATIVE EXAMINATION OF ACCOUNTS FOR THE DIFFERENCE BETWEEN $5. THIS OFFICE WAS ADVISED. SUSPENSION WAS MADE UNDER VOUCHER NO. 755 PAY ROLL. IT IS RECOMMENDED THAT THE ADMINISTRATIVE SUSPENSION OF $33.33 BE DISREGARDED IN THE FINAL AUDIT OF MR. HAMLIN WAS APPOINTED ASSISTANT PROHIBITION ADMINISTRATOR.
A-24410, DECEMBER 3, 1928, 8 COMP. GEN. 279
CLASSIFICATION OF CIVILIAN EMPLOYEES - APPLICATION OF ACT OF MAY 28, 1928 - FIELD SERVICE IT IS WITHIN ADMINISTRATIVE DISCRETION TO DETERMINE UNDER THE PROVISIONS OF THE ACT OF MAY 28, 1928, 45 STAT. 776, THAT THE SALARY RATE OF A FIELD- SERVICE OFFICER OR EMPLOYEE SHOULD BE THE SAME ON AND AFTER JULY 1, 1928, AS PRIOR THERETO, BUT NO REDUCTION IN COMPENSATION SOLELY BE REASON OF ADJUSTMENTS UNDER SAID STATUTE IS AUTHORIZED OR REQUIRED.
DECISION BY COMPTROLLER GENERAL MCCARL, DECEMBER 3, 1928:
IN THE AUDIT OF THE PAY-ROLL ACCOUNTS OF J. S. LEWIS, SPECIAL DISBURSING AGENT, COVERING THE FIELD SERVICE OF THE BUREAU OF PROHIBITION, BOSTON, MASS., THERE IS PRESENTED THE QUESTION AS TO THE RATE OF PAY PROPERLY PAYABLE TO PHILIP HAMLIN, ASSISTANT PROHIBITION ADMINISTRATOR, FOR PERIODS ON AND AFTER JULY 1, 1928, UNDER THE PROVISIONS OF THE ACT OF MAY 28, 1928, 45 STAT. 776, KNOWN AS THE WELCH ACT.
THE PAY ROLLS FOR JUNE SHOW THAT ON JUNE 30, 1928, HAMLIN WAS RECEIVING SALARY AT THE RATE OF $5,600 PER ANNUM. THE PAY ROLLS FOR JULY, 1928, SHOW THE SAME RATE OF PAY FOR JULY. THE PAY ROLLS FOR AUGUST AND FOR THE FIRST 15 DAYS OF SEPTEMBER SHOW THE SALARY RATE OF $5,200 PER ANNUM. THERE WAS A SUSPENSION UPON ADMINISTRATIVE EXAMINATION OF ACCOUNTS FOR THE DIFFERENCE BETWEEN $5,600 AND $5,200 PER ANNUM FOR JULY, 1928.
UNDER DATE OF NOVEMBER 10, 1928, THIS OFFICE WAS ADVISED, AS FOLLOWS:
IN THE ADMINISTRATIVE EXAMINATION OF THE AUGUST, 1928, DISBURSING ACCOUNT OF J. S. LEWIS, PROHIBITION ADMINISTRATOR, BOSTON, MASS., SUSPENSION WAS MADE UNDER VOUCHER NO. 755 PAY ROLL, PHILIP HAMLIN, ASSISTANT PROHIBITION ADMINISTRATOR, $33.33, COVERING THE DIFFERENCE IN THE JULY, 1928, PAYMENT OF SALARY AT THE RATE OF $5,600 PER ANNUM AND $5,200 PER ANNUM.
IT IS RECOMMENDED THAT THE ADMINISTRATIVE SUSPENSION OF $33.33 BE DISREGARDED IN THE FINAL AUDIT OF MR. LEWIS'S ACCOUNT AND THAT PAYMENT OF COMPENSATION AT THE RATE OF $5,600 BE ALLOWED FOR THE FOLLOWING REASONS:
MR. HAMLIN WAS APPOINTED ASSISTANT PROHIBITION ADMINISTRATOR, DISTRICT NO. 1, BOSTON, MASS., MAY 15, 1928, GRADE 12, SALARY $5,600 PER ANNUM, COPY OF WHICH IS ON FILE IN YOUR OFFICE.
UNDER THE AUTOMATIC OPERATION OF THE WELCH ACT MR. HAMLIN MIGHT HAVE BEEN PROMOTED TO GRADE 13. IT IS THE DESIRE OF THE BUREAU OF PROHIBITION, HOWEVER, THAT HE REMAIN IN GRADE 12 AND BE PAID AT THE RATE OF $5,600 PER ANNUM, IF THIS IS PERMISSIBLE UNDER THE WELCH ACT AND DECISIONS OF THE COMPTROLLER GENERAL WRITTEN PURSUANT THERETO.
IT WAS HELD IN DECISIONS OF NOVEMBER 5, 1928, A-24410, 8 COMP. GEN. 229, AND NOVEMBER 16, 1928, A-25064, 8 COMP. GEN. 260, THAT ADMINISTRATIVE ADJUSTMENTS OF SALARY RATES OF FIELD-SERVICE POSITIONS UNDER SECTION 3 OF THE WELCH ACT WERE TO BE BASED ON THE SALARY RATE RECEIVED JUNE 30, 1928. IN THE FORMER DECISION IT WAS FURTHER HELD THAT INCREASES COULD NOT EXCEED THAT SHOWN IN THE COMPARATIVE SALARY SCHEDULE FOR POSITIONS IN THE DISTRICT OF COLUMBIA PROMULGATED IN DECISION OF JUNE 2, 1928, 7 COMP. GEN. 760, 763. UNDER THIS SCHEDULE THE MAXIMUM THAT COULD HAVE BEEN PAID THIS OFFICER BY REASON OF THE WELCH ACT WAS $6,000 PER ANNUM. BUT THE ADMINISTRATIVE OFFICE EVIDENTLY HAS DETERMINED THAT NO INCREASE IN HIS SALARY RATE IS JUSTIFIED BY REASON OF THE PROVISIONS OF THE WELCH ACT. EXPLANATION HAS BEEN MADE OF THE REDUCTION EFFECTIVE AUGUST 1, 1928, BUT IT IS UNDERSTOOD THAT THE REDUCTION WAS NOT MADE FOR CAUSE, AND THAT IT IS THE INTENTION TO PAY THE EMPLOYEE AT THE RATE OF $5,600 FROM AND AFTER JULY 1, 1928.
ADJUSTMENTS BY AN ADMINISTRATIVE OFFICE IN THE SALARY RATES OF FIELD SERVICE POSITIONS UNDER THE WELCH ACT ARE NOT MANDATORY, 8 COMP. GEN. 154, BUT ARE ENTIRELY FOR ADMINISTRATIVE CONSIDERATION AND ACTION, 7 COMP. GEN. 804. HOWEVER, THE WELCH ACT DOES NOT REQUIRE OR AUTHORIZE A REDUCTION IN THE COMPENSATION OF FIELD-SERVICE EMPLOYEES. (8 COMP. GEN. 154.) ACCORDINGLY, IT WOULD APPEAR TO BE PROPER IN THIS CASE TO CONTINUE TO PAY MR. HAMLIN AT THE RATE OF $5,600 PER ANNUM FROM AND AFTER JUNE 30, 1928.
THE QUESTION OF WHETHER THE POSITION SHOULD BE CONSIDERED AS IN FIELD GRADE 12 OR 13 IS ENTIRELY A MATTER FOR ADMINISTRATIVE CONSIDERATION, AS THERE ARE NO STATUTORY CLASSIFICATION GRADES IN THE FIELD SERVICE. IF, FOR ADMINISTRATIVE REASONS, IT IS DEEMED NECESSARY OR ADVISABLE TO CONSIDER THIS POSITION IN FIELD GRADE 12, THIS OFFICE WILL INTERPOSE NO OBJECTION THERETO.