B-149568, JAN. 22, 1963
Highlights
WITH RESPECT THERETO THERE IS NOW FURNISHED THE FOLLOWING STATEMENT: "TAKING INTO CONSIDERATION THE FACT THAT THESE EXCEPTIONS ARE BASED UPON THE BELIEF THAT THEY WERE MADE RETROACTIVELY. 1958 WAS DETERMINED ON THE BASIS OF ADMINISTRATIVE INTERPRETATION OF THE PROMOTIONAL POLICY. WHICH WAS CONTRARY TO THE INTENT AND INTERPRETATION OF THE PROMOTIONAL POLICY AS STATED BY THE JUDICIAL CONFERENCE OF THE UNITED STATES. THE ORIGINAL ADMINISTRATIVE ACTION TAKEN BY THIS OFFICE WAS IMPROPER AND THE ADJUSTMENT OF THE RATE SUBSEQUENTLY MADE DID NOT VIOLATE THE RULE AGAINST RETROACTIVE CHANGE OF SALARY RATES SINCE IT IS CLEAR THAT OUR ORIGINAL ACTION WAS IN FACT AN ADMINISTRATIVE ERROR.'. WE HAVE TODAY INSTRUCTED OUR CIVIL ACCOUNTING AND AUDITING DIVISION TO REMOVE THE EXCEPTIONS HERE INVOLVED. 30 COMP.
B-149568, JAN. 22, 1963
TO DIRECTOR, ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS:
ON DECEMBER 28, 1962, THE ACTING DIRECTOR REQUESTED FURTHER CONSIDERATION OF OUR DECISION B-149568, SEPTEMBER 28, 1962, SUSTAINING THE EXCEPTIONS TAKEN BY OUR CIVIL ACCOUNTING AND AUDITING DIVISION IN CONNECTION WITH THE RETROACTIVE ADJUSTMENT OF THE RATE ALLOWED ON PROMOTION OF CERTAIN MESSENGERS IN THE UNITED STATES COURT OF APPEALS AND THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA.
WITH RESPECT THERETO THERE IS NOW FURNISHED THE FOLLOWING STATEMENT:
"TAKING INTO CONSIDERATION THE FACT THAT THESE EXCEPTIONS ARE BASED UPON THE BELIEF THAT THEY WERE MADE RETROACTIVELY, I WISH TO STATE THAT THE RATE SPECIFIED IN THE ORIGINAL ACTION TAKEN BY THIS OFFICE ON OCTOBER 27, 1958 WAS DETERMINED ON THE BASIS OF ADMINISTRATIVE INTERPRETATION OF THE PROMOTIONAL POLICY, WHICH WAS CONTRARY TO THE INTENT AND INTERPRETATION OF THE PROMOTIONAL POLICY AS STATED BY THE JUDICIAL CONFERENCE OF THE UNITED STATES. THEREFORE, THE ORIGINAL ADMINISTRATIVE ACTION TAKEN BY THIS OFFICE WAS IMPROPER AND THE ADJUSTMENT OF THE RATE SUBSEQUENTLY MADE DID NOT VIOLATE THE RULE AGAINST RETROACTIVE CHANGE OF SALARY RATES SINCE IT IS CLEAR THAT OUR ORIGINAL ACTION WAS IN FACT AN ADMINISTRATIVE ERROR.'
IN LIGHT OF THE REPORTED ADMINISTRATIVE ERROR IN NOT CARRYING OUT THE INTENT OF THE JUDICIAL CONFERENCE, WE HAVE TODAY INSTRUCTED OUR CIVIL ACCOUNTING AND AUDITING DIVISION TO REMOVE THE EXCEPTIONS HERE INVOLVED. 30 COMP. GEN. 94; 31 ID. 15; 34 ID. 380.