B-127494, MAR. 22, 1961
Highlights
YOU SAY THAT SINCE YOU RECEIVED AN EXCEPTED APPOINTMENT YOU BELIEVE YOU WERE EXEMPTED FROM THE PROVISIONS OF SECTION 1310 (C) OF THE ACT. THE POSITION TO WHICH YOU WERE APPOINTED WHILE EXCEPTED BY THE CIVIL SERVICE COMMISSION FROM THE COMPETITIVE CIVIL SERVICE IS NOT EXEMPT FROM THE CLASSIFICATION ACT OF 1949. THAT PROVISO REQUIRES AN AUTHORIZATION IN EACH CASE BY THE CIVIL SERVICE COMMISSION FOR PROMOTION WITHOUT REGARD TO THE PROHIBITIONS OF THE STATUTE AND SUCH AUTHORIZATIONS ARE MADE ONLY WHEN REQUESTED BY THE HEAD OF THE AGENCY INVOLVED. NO SUCH ACTION WAS TAKEN IN YOUR CASE UPON YOUR APPOINTMENT TO THE POSITION AT THE GS-14 LEVEL. SINCE THESE MATTERS HAVE NO BEARING UPON YOUR LIABILITY TO THE GOVERNMENT AND SINCE YOUR LETTER OF FEBRUARY 18.
B-127494, MAR. 22, 1961
TO MR. HARVEY BURSTEIN:
YOUR LETTER OF FEBRUARY 18, 1961, REQUESTS THAT WE RECONSIDER OUR DECISION OF FEBRUARY 10, 1961, RELATING TO YOUR INDEBTEDNESS TO THE UNITED STATES RESULTING FROM YOUR ACCEPTANCE OF AN APPOINTMENT TO A POSITION CONTRARY TO THE PROVISIONS OF THE WHITTEN AMENDMENT, SECTION 1310 (C) OF THE ACT OF NOVEMBER 1, 1951, AS AMENDED, 5 U.S.C. 43 (C).
YOU SAY THAT SINCE YOU RECEIVED AN EXCEPTED APPOINTMENT YOU BELIEVE YOU WERE EXEMPTED FROM THE PROVISIONS OF SECTION 1310 (C) OF THE ACT. THE POSITION TO WHICH YOU WERE APPOINTED WHILE EXCEPTED BY THE CIVIL SERVICE COMMISSION FROM THE COMPETITIVE CIVIL SERVICE IS NOT EXEMPT FROM THE CLASSIFICATION ACT OF 1949. SECTION 1310 (C) TO WHICH YOU REFER APPLIES TO ALL POSITIONS UNDER THE CLASSIFICATION ACT OF 1949, AS AMENDED, 5 U.S.C. 1071 ET SEQ. THEREFORE, THE FACT THAT YOU OCCUPIED AN EXCEPTED POSITION DID NOT REMOVE YOU FROM THE SCOPE OF THE WHITTEN AMENDMENT, SECTION 1310 (C).
ALSO, YOU SAY THE LAST PROVISO OF THE WHITTEN AMENDMENT RELATING TO PROMOTIONS IN INDIVIDUAL CASES OF A MERITORIOUS NATURE SHOULD APPLY TO YOUR CASE. HOWEVER, THAT PROVISO REQUIRES AN AUTHORIZATION IN EACH CASE BY THE CIVIL SERVICE COMMISSION FOR PROMOTION WITHOUT REGARD TO THE PROHIBITIONS OF THE STATUTE AND SUCH AUTHORIZATIONS ARE MADE ONLY WHEN REQUESTED BY THE HEAD OF THE AGENCY INVOLVED. NO SUCH ACTION WAS TAKEN IN YOUR CASE UPON YOUR APPOINTMENT TO THE POSITION AT THE GS-14 LEVEL.
THEREFORE, SINCE THESE MATTERS HAVE NO BEARING UPON YOUR LIABILITY TO THE GOVERNMENT AND SINCE YOUR LETTER OF FEBRUARY 18, 1961, ADDS NO MATERIAL FACTS TO THE CASE, WE HAVE NO ALTERNATIVE BUT TO SUSTAIN OUR DECISION.
WE HAVE NO OBJECTION TO YOUR PROPOSAL TO LIQUIDATE YOUR INDEBTEDNESS WITHIN ONE YEAR BY QUARTERLY INSTALLMENTS COMMENCING JULY 15, 1961.