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THE DUTIES AND RESPONSIBILITIES OF WHICH ARE FIXED AND SUPERVISED BY FEDERAL OFFICERS. ARE REQUIRED TO BE CLASSIFIED NOTWITHSTANDING THE SALARIES OF SAID POSITIONS ARE PAID PARTLY BY A STATE AND PARTLY BY THE FEDERAL GOVERNMENT. EXCEPTIONS WERE TAKEN TO PAYMENTS OF COMPENSATION TO EMPLOYEES DESIGNATED AS "AGENTS" FOR THE REASON THAT THERE WAS NO SHOWING THEIR POSITIONS HAD BEEN CLASSIFIED. DEVELOPS THAT THESE EMPLOYEES ARE DESIGNATED BY THE BUREAU AS COOPERATIVE AGENTS. BECAUSE THEY ARE ENGAGED ON COOPERATIVE ACTIVITIES FINANCED PARTLY BY THE FEDERAL GOVERNMENT AND PARTLY BY THE STATE. THAT THE APPOINTMENTS OF SUCH COOPERATIVE AGENTS ARE MADE UNDER SUBDIVISION IX. UNDER WHICH ALL APPOINTED AGENTS ARE ALLEGED BY THE DEPARTMENT TO BE EXCEPTED FROM CLASSIFICATION.

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A-70792, MARCH 26, 1936, 15 COMP. GEN. 852

CLASSIFICATION - FIELD SERVICE - COOPERATIVE EMPLOYEES, DEPARTMENT OF AGRICULTURE COOPERATIVE FIELD POSITIONS UNDER THE DEPARTMENT OF AGRICULTURE AND ANY OTHERS OF SIMILAR CHARACTER, THE DUTIES AND RESPONSIBILITIES OF WHICH ARE FIXED AND SUPERVISED BY FEDERAL OFFICERS, ARE REQUIRED TO BE CLASSIFIED NOTWITHSTANDING THE SALARIES OF SAID POSITIONS ARE PAID PARTLY BY A STATE AND PARTLY BY THE FEDERAL GOVERNMENT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF AGRICULTURE, MARCH 26, 1936:

IN THE AUDIT OF EMERGENCY RELIEF PAY ROLLS, BUREAU OF ENTOMOLOGY AND PLANT QUARANTINE, DEPARTMENT OF AGRICULTURE, VOUCHER NO. 1473, ACCOUNT OF J. C. RATLIFF, SYMBOL 84-01, AND VOUCHER NO. 215, ACCOUNT OF C. E. MEEKER, SYMBOL 80-01, DISBURSING CLERKS UNITED STATES TREASURY, STATE DISBURSING OFFICE, FOR WISCONSIN AND VIRGINIA, RESPECTIVELY, EXCEPTIONS WERE TAKEN TO PAYMENTS OF COMPENSATION TO EMPLOYEES DESIGNATED AS "AGENTS" FOR THE REASON THAT THERE WAS NO SHOWING THEIR POSITIONS HAD BEEN CLASSIFIED.

CORRESPONDENCE WITH THE CHIEF, BUREAU OF ENTOMOLOGY AND PLANT QUARANTINE, DEVELOPS THAT THESE EMPLOYEES ARE DESIGNATED BY THE BUREAU AS COOPERATIVE AGENTS, BECAUSE THEY ARE ENGAGED ON COOPERATIVE ACTIVITIES FINANCED PARTLY BY THE FEDERAL GOVERNMENT AND PARTLY BY THE STATE; THAT THE APPOINTMENTS OF SUCH COOPERATIVE AGENTS ARE MADE UNDER SUBDIVISION IX, SCHEDULE A, CIVIL-SERVICE LAWS AND REGULATIONS; AND THAT, WITH REGARD TO THE "AGENTS," THE DEPARTMENT HAS ELECTED TO FOLLOW THE PROVISIONS OF THE CLASSIFICATION ACT OF 1923, UNDER WHICH ALL APPOINTED AGENTS ARE ALLEGED BY THE DEPARTMENT TO BE EXCEPTED FROM CLASSIFICATION.

IN FURTHER EXPLANATION OF THE ADMINISTRATIVE VIEW IN THE MATTER, THE FOLLOWING IS QUOTED FROM A LETTER DATED NOVEMBER 14, 1935, FROM THE SENIOR PATHOLOGIST, PLANT DISEASE CONTROL, TO ONE H. N. PUTNAM, MILWAUKEE, WIS.:

EXECUTIVE ORDER NO. 6746 ISSUED JUNE 21, 1934, REQUIRED THAT ALL EMPLOYEES OF EMERGENCY AGENCIES BE CLASSIFIED ACCORDING TO GRADES GIVEN IN THE EXECUTIVE ORDER. HOWEVER, THIS ORDER WAS AMENDED ON JULY 3, 1935, BY EXECUTIVE ORDER NO. 7092, WHICH PERMITS THE CLASSIFICATION OF THESE EMPLOYEES IN ACCORDANCE WITH THE SALARY SCHEDULE AND GRADES GIVEN IN EXECUTIVE ORDER NO. 6746, OR IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1923 AS AMENDED. THE DEPARTMENT CHOSE TO FOLLOW THE CLASSIFICATION ACT AND THE CIVIL SERVICE REGULATIONS FOR ALL OF ITS APPOINTEES ENGAGED ON EMERGENCY ACTIVITIES AND PAID FROM EMERGENCY FUNDS.

AS AGENTS APPOINTED IN THE DEPARTMENT OF AGRICULTURE HAVE FOR MANY YEARS BEEN EXCEPTED FROM THE PROVISIONS OF THE CIVIL SERVICE LAWS BY THE CIVIL SERVICE COMMISSION UNDER SCHEDULE (A) OF EXCEPTED POSITIONS, THEY ARE PLACED BY THE COMMISSION IN AN ENTIRELY DIFFERENT CATEGORY FROM REGULAR EMPLOYEES IN THE FEDERAL SERVICE. THIS FOR THE REASON THAT THESE EMPLOYEES ARE COOPERATIVE EMPLOYEES, ENGAGED ON ACTIVITIES FINANCED PARTLY BY THE FEDERAL GOVERNMENT AND PARTLY BY THE STATE OR SOME OTHER OUTSIDE AGENCY. THE BASIS OF THE AGENT AGREEMENT IS NOT THE CHARACTER OF THE WORK, WHICH IS VARIED, BUT THE FACT THAT THE ACTIVITY IS COOPERATIVE, ALL PARTIES TO THE AGREEMENT CONTRIBUTING FINANCIALLY TO ITS SUPPORT AND, THEREFORE, ENTITLED JOINTLY TO DETERMINE THE SELECTION OF THE PERSONNEL. UNDER THESE CIRCUMSTANCES, BEING IN AN EXCEPTED POSITION, NOT FALLING WITHIN THE SCHEDULES UNDER THE PRESIDENT'S EXECUTIVE ORDER, OR UNDER THE CLASSIFICATION GRADES OF THE CLASSIFICATION ACT, AND AS THERE IS NO OTHER EXISTING LAW, REGULATIONS, EXECUTIVE ORDER, OR THE LIKE PERTAINING TO THIS CLASS OF EMPLOYEES, THEY ARE NOT SUBJECT TO CLASSIFICATION AND GRADES AS FOR OTHER EMPLOYEES.

IN DECISION OF APRIL 15, 1935, 14 COMP. GEN. 763, IT WAS HELD AS FOLLOWS (QUOTING FROM THE SYLLABUS):

PAY ROLLS OF FIELD POSITIONS UNDER THE DEPARTMENT OF AGRICULTURE MUST SHOW THE CLASSIFICATION ACT GRADE IN WHICH THE POSITIONS HAVE BEEN ADMINISTRATIVELY PLACED OR ALLOCATED PURSUANT TO SECTION 2 OF THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1005. IN APPLYING THAT STATUTE, IF NO POSITION IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA, SUBJECT TO THE CLASSIFICATION ACT IS FOUND TO BE COMPARABLE TO A FIELD POSITION, NEVERTHELESS, THE FIELD POSITION IS REQUIRED TO BE PLACED OR ALLOCATED ADMINISTRATIVELY IN ONE OF THE SALARY GRADES PRESCRIBED BY THE CLASSIFICATION ACT AS NEARLY COMPARABLE TO A DEPARTMENTAL POSITION AS IS PRACTICABLE.

IT HAS BEEN HELD THAT EMERGENCY POSITIONS UNDER REGULAR DEPARTMENTS AND ESTABLISHMENTS OF THE GOVERNMENT MAY BE CLASSIFIED EITHER PURSUANT TO THE CLASSIFICATION ACT, AS AMENDED, OR THE EXECUTIVE ORDERS. 13 COMP.GEN. 222; 14 ID. 539, 541. NOTHING APPEARS IN THE ORIGINAL CLASSIFICATION ACT OF 1923, DATED MARCH 4, 1923, 42 STAT. 1488, IN SECTION 2 OF THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1005, IN ANY OF THE EXECUTIVE ORDERS REQUIRING CLASSIFICATION OF POSITIONS THE SALARIES OF WHICH ARE PAID FROM EMERGENCY FUNDS, OR IN ANY OF THE DECISIONS OF THIS OFFICE, EXEMPTING COOPERATIVE FIELD POSITIONS FROM THE REQUIREMENTS OF CLASSIFICATION. THE FACT THAT THESE COOPERATIVE FIELD POSITIONS HAVE BEEN INCLUDED IN SCHEDULE A BY THE CIVIL SERVICE COMMISSION, THEREBY EXCEPTING THEM FROM THE COMPETITIVE CLASSIFIED CIVIL SERVICE, DOES NOT OPERATE TO EXEMPT THE POSITIONS FROM THE REQUIREMENTS OF CLASSIFICATION. 4 COMP. GEN. 827; 14 ID. 763, 765. THE DEFINITION OF THE TERM "POSITION" APPEARING IN SECTION 2 OF THE ORIGINAL CLASSIFICATION ACT, 42 STAT. 1488, IS AS FOLLOWS:

THE TERM "POSITION" MEANS A SPECIFIC CIVILIAN OFFICE OR EMPLOYMENT, WHETHER OCCUPIED OR VACANT IN A DEPARTMENT OTHER THAN THE FOLLOWING: * *

THIS WOULD INCLUDE COOPERATIVE FIELD POSITIONS, CREATED UNDER THE DEPARTMENT OF AGRICULTURE, THE DUTIES AND RESPONSIBILITIES OF WHICH ARE FIXED AND SUPERVISED BY FEDERAL OFFICERS OF THE DEPARTMENT AND THE FACT THAT THE SALARIES FIXED FOR SUCH POSITIONS MAY BE PAID PARTLY BY A STATE AND PARTLY BY THE FEDERAL GOVERNMENT WOULD NOT EXEMPT THEM FROM CLASSIFICATION. 12 COMP. GEN. 600. IT MAY BE POSSIBLE THERE ARE SOME POSITIONS IN THE FIELD THE DUTIES OF WHICH ARE FIXED AND SUPERVISED PRIMARILY BY STATE AUTHORIZATION, THE SALARY RATES OF WHICH WOULD NOT BE CONTROLLED EXCLUSIVELY BY FEDERAL PERSONNEL LAWS, INCLUDING THE CLASSIFICATION ACT (12 COMP. GEN. 651), BUT NOTHING HAS BEEN DISCLOSED TO SHOW THAT THE POSITION OF COOPERATIVE AGENT UNDER THE BUREAU OF ENTOMOLOGY AND PLANT QUARANTINE IS OTHER THAN A FEDERAL COOPERATIVE POSITION, THE DUTIES OF WHICH ARE FIXED AND SUPERVISED BY FEDERAL AUTHORITY.

YOU ARE ADVISED, THEREFORE, THAT THE COOPERATIVE POSITIONS IN QUESTION AND ANY OTHERS OF A SIMILAR CHARACTER ARE REQUIRED TO BE CLASSIFIED, WHICH ACTION SHOULD BE TAKEN AS SOON AS PRACTICABLE AND NOT LATER THAN JULY 1, 1936. THIS OFFICE WILL APPRECIATE BEING ADVISED OF THE ADMINISTRATIVE ACTION TAKEN IN THE MATTER. ASSUMING THAT APPROPRIATE ACTION WILL BE TAKEN IN THIS CONNECTION, CREDIT WILL BE ALLOWED IN THE ACCOUNT FOR THE PAYMENTS HERE IN QUESTION AND SIMILAR PAYMENTS OF SALARY RATES TO COOPERATIVE EMPLOYEES WITHOUT A SHOWING AS TO THE CLASSIFICATION GRADE FOR PERIODS PRIOR TO JULY 1, 1936.

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